DISTRICT COURT.—Tuesday.

Auckland Star, Volume II, Issue 498, 15 August 1871, Page 2

DISTRICT COURT.—Tuesday.

[Before -Thomas Beckham, Esq., District Judge.] The ordinary bi-monthly sitting of the Court (adjourned) was held this morning, when the following cases were called :— Lewis t. Eitzgebaid.—Judgment.—Has Honor thought the plaintiff entitled to the sum charged for depasturing cattle, but not to the charge for use of stockyard, or for insurance, and gave judgment for plaintiff for £33, including the £16 paid into Court. Cabgo y. G-baham.—Judgment.—Li this case an action for £50, money lent, His Honor gave judgment for the plaintiff. Hobne y. Hunteb.—Claim £77 12s faMr. Rogan for the plaintiff. -Mr. Keesfor the defendant.—This was an action upon an account stated.—Mr. Rogan took objection to a set off of £194, which constituted the principal feature of the defence, upon the ground that the amount of the set off £194, "was beyond the jurisdiction of the Court. His Honor suggested that the case should be referred to an arbitration.—Mr. Rees, in answer to the point raised by plain? tiff's counsel, said it could hardly be the policy of law that a plaintiff should be allowed to force his claim, and then disappear, while the person he sued had a much larger claim against him, could have no redress.—His Honor thought the question at issue was a matter of evidence. In' the course of the hearing the evidence might have the effect of ousting the jurisdiction.—Mr. Rogan said the claim would in I effect obtain the difference between £77 and £194, which would bo over £100.—Mr. Eees said his case.was, that the defendant admitted £95/ and said, " Well, now, we claim the setoff."—His Honor thought the evidenco must decide the point.'. The plaintiff said that in 1865 he agried with a man named De Witt to place 1000 sheep on the island of Waiheke, each party to have half the increase. Next shearing (1866) found the number 250 short, and claimed compensation from De Witt, who transferred to witness all his interest in the lands, giving witness an order in the fol-, lowing terms :—" Place to the credit of Win. Home the proceeds of sale of lambs and wool that have taken place since Eebruarr, 1866," &c. Left sitting.