CHRISTCHURCH R.M. COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 602, 21 April 1882, Page 2

CHRISTCHURCH R.M. COURT.

The following- case interesting- to Akaroa readers was heard at the R.M. Court, Christchurch, on Wednesday : —

Judge v. Callaglian. Claim £25 damages incurred *»y plaintiff through de;'endant converting to his own use a certain bullock, the property of phihtiff. Mr Joynt for plaintiff, Mr Button for defendant. The point at issue in the action was the ownership of the bullock in question. It appeared from the evidence that on Oct. 4, 1681. an auction sale was held at Tai Tapu by Messrs Matson & Co. On the night previous a number of plaintiff's and do fondant's cattle were yar:!ed together in the same paddock. Plaintiff said he had 30 head of cattle there, and defendant Imi toid him the night previous that his number was 87. At the sale plaintiff found one of his cattle, which he described as a white steer, branded « T in circle on near rump, and notched on tho tip of right ear, missing. He subsequently ascertained, he said, that this beast had been sold on defendant's account to a Mr Grant, and in January last he saw it on a farm at Ashburton, and identified it. The expenses incurred by plaintiff and the value of the beast (£4 10s) amounted to £2i 7s 4-d. The brand mentioned was plaintiff's registered brand, but two witnesses for plaintiff said that the brand mark on the beast in question was very indistinct, having been placed partially above another brand. Defendant admitted that he had been under the impression that 87 was the number of his cattle, but he subsequently ascertained that he had one more. He said he had bought tho bullock in dispute from Mr Lelievre, at Akaroa. He had not noticed the brand or ear mark. He had seen tho beast on Tuesday, and was certain tti.ic it was the one ho had purchased from Lelievre. Breitmeyer said he had reared tho beast, and branded it I with J in circle on the left rump ; he had marked him with a V on the right ear. This beast pussed from witness to Mr

Lelievre, who had sold him to Mr Callaghan. He had no doubt that the beast in question was the one lie referred to. Anguste Lelievre said he had seen the beaat in question, and was certain that it was the one he had sold to Callaghan. J. A. Shrimpton said that when the cattle were counted at Uubinson's Bay, from which defendant started for Tai Tapu, there were 88. Mr Lelievre counted them. On the application of Mr Joynt, an adjournment of the case to Tuesday next was agreed upon, in order to secure the attendance of a material witness.