LAW REPORTS.

Dominion, Volume 6, Issue 1799, 11 July 1913, Page 9

LAW REPORTS.

LOWER COURT.

SUMMARY OF CIVIL CASES. A question arising out of a judgment order for ,£1)0 10s. was tho subject of a civil action in tho Magistrate's Court yesterday, before Mr. W. G. Eiddell, S.M. Tho parties concerned wero Ellis and Manton, judgment creditors; W. E. Scanloii, judgment debtor; Casey and Hayes, sub-debtors. Tho judgment creditors claimed from the sub-deL>tor the amount of a judgment due by them to the judgment debtor. Against this was set up an assignment to certain creditors of the judgment debtors, und the question was tvhether the judgment creditor could attach the money, or whether they had Ljceu properly assigned by the judgment debtor to his creditors, so as to place it ueyonri the reach of the judgment creditors, Messrs. Ellis and Manton. The case involved an interesting law point as to ivliether first a judgment order takes precedence of an equitable assignment; and secondly whether, since the assignment by the judgment debtor was in favour of jnly three creditors, the assignment was void as tending to hinder or defeat the judgment creditors' claim. Mr. Fair appeared for the judgment- creditors, and .Mr. Dunn for Scanlon and for Casey and , ilayes, who were prepared to submit to tint order of tho Court. His Worship reI ierved his decision.

T. M Grath sued J. Trotter for £i 4s. stud fees. Mr. J. J. M'Gra'th appeared for the plaintiff and Sir Kenneth Douglas for the defendant. The magistrate non-suited the plaintiff, allowing 10s. Gd. costs.

Thos. Whebey Twist, builder, of Northland, Wellington, sued John Geange, farmer, of Trentham, for the sum of .£32 SS., being charges for work done and for damages for* alleged breach of contract. Dr. M'Arthur heard the case. Mr. Izard appeared for the defendant and Mr. E. H. I'utnam for tho plaintiff. Tho case was adjourned.

Judgment for plaintiff by default was given in tho following undefended cases itobert Martin, Ltd., v. Alary Hcwson, c£B, costs <£1 3s. 6d. ;■ Commercial Agency, Ltd., v. Mrs. F. Sexton, £6 7s. 7d., costs J!1 Bs. 6d.; Empire Loan, Discount Co. v. John Cook and Joseph Dent, lis. 6d., costs i£l Bs.; E. J. Forbes and Son, Ltd., v. A. E. Hollay, .£1 17s. Gd., costs lis.; Harrington Bros. v. Win. Stevens, junr., X 9 lis., costs <£1 4s. Gd.; ICirkcaldie and Stains v. Mrs. C. Griffiths, Xl 2 Hs. lid., costs .ijl 12s. '6d.; samo v. Thos. R. Husband, Xl 7 16s. lOd., costs il 10s. 6d.; Empire Loan and Discount Co. v. A. V, 7 . Sooullar, «£2O 2s. 6d., oosts 195.; Herbert Price v. Wm. Henry M. Stevens, jEI lis. 6d., costs Gs.; Chas. H. Grayland v, J. Howell, £10 175., costs il 10s. 6d.; Thos., M'Grath v. AY. J. Lawton, £i is., costs 10s.; same v. W. T. M'Farlane, £i 45., costs 10s.

F. H. Meyer was ordered to pay JCII 7s. sd. to Briscoe and Co. by July 24. Victor Hercules Clifford was ordered to pay £1 2s. 3d. to Richard Brown and Son in monthly instalments of 2s. Gd. POLICE CASES. (Before Mr. W. G. Eiddell, S.M.) A charge of assault of a certain nature was preferred against Ed. Patrick Madegan. Accused was remanded for a week. Anthony Lachenmaier, who was charged with being a stowaway on tho s.s. Manuka, was remanded in, order to ascertain if ho is a fit and proper person to land in the Dominion,

Albert Hanson pleaded guilty to a charge of theft of a pair of boots, valued at 10s. 6d., the property of D. Edwards and Sou. He was fined 10s.

James Skilling entered a. plea of guilty to charges of being/drunk and using certain language.. On the first count ho was convicted and discharged, and on tho sccond charge was fined £8.

'James Kirkus was fined 20s. for being under tho inHuenco of liquor whilst,»in charge of a horse and gig. Tho following wero fined for insobriety: —John Macdonald, 205., and a prohibition .order to issue; Thos. Patterson, 205.; Bernard M'Namee, 55.; Thos. O'Brien, 20s.

On a charge of vagrancy, John Kobinson was ordered to come up for sentence when called upon.