CIVIL SITTING.

Auckland Star, Volume I, Issue 140, 21 June 1870, Page 2

CIVIL SITTING.

To-day being the dfry fixed for the hearing of civil "causes, his •Honor.,having..concluj ded the criminal business, adjourned,vxEfc Court for a short- time, and proceedet&imth the civil business^ . THOMPSON V. Y_ON- DER -HEYDE. Mr. Eees, for/the plaintiff, said.that Jie had to apply to the; Court, in this case, for leave to withdraw the" record : not that'tile case' should, be struck off the list, but thati.it might simply be withdrawn. " // ... , Mr. Whitaker was on' the other side, and consented to that course, being, faken. Withdrawn accordingly. - • ? BEAVEB V. ABBOT.

Mr. Eees informed his Honor that the case had been referred to the Registrar, to adjust matters of account.

SECCOMBE AND SON V. HENHX TEBNON.

Mr. Hesketh appeared for the plaintiff. The defendant did not appear. This was an action to recover the sum of £152. The case arose out of a dispute upon a set-off. The original debt due to the plaintiff was £392. From this a set-off was admitted to the extent of £240, leaving a balance as abcrve. The defendant further admitted indebtedness to the extent of £67, which the plaintiff denied. The question *»as as to whether two sums of £60 and £25, making together £85, the balance of the £152 over the £67 confessed.

The following issues were left to the jury:— 1. Did the defendant pay to the plaintiffs the sums of £60 and £25, or any part of those sums as in the defendant's plea alleged.

2. Were the plaintiffs at the commencement of this suit indebted, to the defendant in the sums of £G0 and £25 respectively, or any part thereof.

Mr. Hesketh said from the form of the pleadings the affiniative proof was thrown on the. defendant. The issues arose out of the pleadings as . the defendant did not appear; There was also a claim for interest.to the amount of £22.

His Honor : The defendant confesses judgment for £G0 of the £152, that leaves the sums £60 and £25, which defendant says he has paid. Then you ask a* verdict for the whole amount. You say that defendant should be here to prove that he paid the money. He is not here and you contend you are entitled to a verdict for £152 with interest £22.

Mr. Hesketh s That, your Honor, is the plain tiff's case.

His Honor directed the jury to return a verdict for the plaintiff for £174... The jury returned their verdict accordingly. This was the only civil busiuess set down, and the Circuit Court was formally dissolved.