RESIDENT MAGISTRATES.

Ashburton Guardian, Volume 2, Issue 367, 10 June 1881, Page 3

RESIDENT MAGISTRATES.

ASHBURTON.—To i ay. (Before Mr N. Wood, R.M ) CIVIL CASES. W. R. Boyle (as trustee in estate of W. I’ergus a bankrupt) v. McLymont. Claim, L 7 2s 6d. Mr Purnell for plaintiff, and Mr Crisp for the defence. The claim was composed of items for cartago,. and for the service of two mares by entire (Prince Rupert), the property of iho plaintiff, the charge for the same being.L3<per mare. ■ The defendant put in a set-off to the amount of L 3 12s 6d, ■ fimwork done, vend also pleaded the 3t>tnUsdf Limitations, part" of the debt Kavingi&een incurred in 1875. It was dido tftlbged'Chat payment for the service of the mares was made by a credit balance dne to the defendant over an exchange of drays between'him and plaintiff, in which to receive.L3 to,boot. ■ plaintiff deniedMiability in regard to the items of the set-off, stating that he had never given him ogrders to do so, but that the work had' been done to the order of another person, who was threshing for him a£ thoitims, the coal carted being used in the Following the hearing of evidence,'MrPurnell addressed the Court. Mr Crisp was proceeding to reply, when Mr Furnell objected to such a course of procedure, and .challenged him to cite authorities in Support thereof. The case was Adjourned until two o’clock to permit of this.- . Judgment by default was given in the following cases:—Poyntz v. Taylor, L 76 12s 10d, costs, LS ; ; Hodder v. Leslie, L 3 IflsTd, costs, Bfi ; Tiach y. Lenson, Ll 5