AKAROA RESIDENT MAGISTRATE'S COURT.
Tuesday, Oct. 28. (Before Justin Aylmer, Esq., R.M.) ' drunkenness. Samuel Bradley was charged with being drunk and disorderly, and making use of obscene language in a public place. Fined 40s and costs ; in default, three days' imprisonment. Civil Cases, kearney v. maltby. Claim £37 10s, for use and occupation of a certain piece of land near Akaroa. Mr Stringer appeared for the plaintiff. Plaintiff's case was, that defendant had rented the land in question from Peter David. David had sold his interest in this agreement to plaintiff, and had given plaintiff an order to receive all rent due and accruing. Defendant had refused to pay on.the ground that he might be called upon to pay rent to some one else. It appeared that the case had been before the Court in some shape on a former occasion, and had then been dismissed on the ground that there was a disputed title involved. Mr Stringer contended that it was a most elementary axiom in law that a tenant could not dispute his landlord's title. Even if evicted by some one having a better title, he would still have to pay rent to the person who had placed him in possession up to the date of such evictionHe quoted " Woodfall on landlord and tenant" in support of his contention. The Bench reserved judgment till 4 p.m. on the same day, and subsequently adjourned the case till Friday (this day). E. C. LATTER V. JOHNSON. Claim £16 7s 6d, interest on purchase money of sections in Barry's Bay. Judgment by default for amount claimed and costs. ROBINSON V. W. FLUERTY. Claim £35 8s 9d, for goods supplied. Mr Nalder appeared for plaintiff. Defendant disputed £5 3s 6£d of this amount, which was for goods supplied to one Graham, as plaintiff contended, at the request of defendant. Defendant denied having given any authority to plaintiff to supply the goods to Graham. The evidence was very conflicting, and ultimately the Bench struck out the amount in dispute, giving judgment for £30 5s 2sd and costs. The Court then adjourned.
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Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 343, 31 October 1879, Page 2
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348AKAROA RESIDENT MAGISTRATE'S COURT. Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 343, 31 October 1879, Page 2
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