CIVIL CASES

Dominion, Volume 13, Issue 302, 15 September 1920, Page 3

CIVIL CASES

Mr. J. 8. Evans, S.M., dealt with the Mvtf cases, and gave judgment fop plain* tin by default in the following Jon Bros., Ltd., v. VT. G. M'Kerman, £82 Ts. 7d„ costs £4 10s. 2d.; Salek Bros. v. W J. Tyertnan. £9 6s. 10d„ costs £1 ss. 6d.; Mrs. L, J[. Lewor v. W. J. Drake, £2 lis., costs £1 9s. 6d. On judgment summonses, ■ P. W. Meyer was ordered to pay Orawley, Ridley and Lo., Ltd., £8 ss. by September 14. or to serve 14 days in prison; 0. E. Pearson to W f; ?„• Teagle, Ltd., £10 by October 1.4, and £9 18s. 7d. bv November 14. in default one month g Imprisonment. - Fiorenco Bird (for whom Mr. W. N. Matthews appeared) proceeded a?siinst a ooloured man named Clarence Thompson 2® a . judgment summons in respect to u f' 5 facts were that tho defendant, who is a wharf labourer, wai> spmo time ago ordered to give, up possession of a tenement and pay the rent duo. five up possession of t}]n prem'scs. but failed to pay the rent. The defend-, ant said he was earning on an average £5 Is. per week, and waß paying 20s. pev d«i I ? e , wa3 llvin K with a woman and they had four children, only one of whom was -hi». The Magistrate remarked tnat thesej.aotions were quasi-criminal, and it an order was required, proof of tho case must .be given with the »ame accuracy as in a criminal proceeding. The plainUfl had not proved ffiat the defend- ' earned, betwen April 1 and Juno Z, sufficient to poy tKe deht. Tho Magistrate to make an ■ by ißsfalment. 0 to ° rder ,!asrment Olara Hopkins (for whom Mr. M. Luckw appeared) proceeded against J. Kennelly. (reprr.mmUrt by Mr. A. lit Salokl l ss> A 1 " balalico Of rent afl f l letbythe plaintiff to defend' ant, and 6s for gas consumed. The doJ™? that if any arrangement had Bonn made regarding an increase of rent. £«£ »• i c . n I"" 3 '; with defendant's wife' without defendants authority. The Magistrate decided In favour of the plaintiff. Slid gave judgment for the full amount claimed, with £1 10s. costs. A TAILOR AKD HIS CUSTOMER. H. Gotlieb, tailor (for whom Mr. A, M Batek appearedj, proceeded against H. Ames, eenr,, of Pllmmerton (represented by Mr. W, Q. Malliah), to recover £11. being the value of a suit material and trimmings cut to defendant's measuro and by his instructions, anil labour involved tin connection therewith. The plaintiff said that defendant called, selected material, and waß measured for a Buit. Ho wanted the suit by Easter, and was to oalf the followine week for a flt-on. He failed to keep his appointment, and the suit was still unfinished. The defendant admitted selecting the material and being measured. He maintained that he then ' stipulated that the suit was to bo finished at Easter, but plaintiff could not give that undertaking. Defendant was to call the following week and see if it could be fin lsbed by Easter, but in tlie meantime tne defendant went to another tailor, who made a suit, and he did not go back to Gotlieb. His 'Worship said bo'was satisfied tho suit was ordered, the only question being the time it waß to be delivered defendant, however, had not bothered to inquire again in respect to delivery. He gave judgment for plaintiff for £U, the amount claimed, tho plaintiff to undorlako to complete and deliver the suit forthwith, provided defendant called for a try-on. TENANT'S OLAIM FOR DAMAGES. Mrs. Annie Allan (for whom Mr. J. O'Donovan appeared) brought an action against Mrs. Agues Yealman (represented by Mr. 11. Kennedy). The plaintiff rented a furnished room from defendant from February last in tho house No. 10 KenSinifton' Street. On July 13 the plaintiff waß given a. week's notice to quit, but sli© d ; 4 not leave. On August 3, when plaintiff returned to lier room after work, she found her bedding taken away.. She asked to have the bedding back, but 'Mr. Yeatmun laid she was not going to stop in the house. Hie plaintiff then left, and obtained temporary accommodation with a friend. She claimed £1 loss of wages, 7s. 6d. cost of shifting, and £25 general damages. After hearing . the evidence, the Magistrate gave judgment for the defendant with costs. BY-LAW CASES. Mr.-F. K. Hunt, 8.H., dealt with the bylaw cases. For allowing stock to wander, James Feeloy was fined' 405., and ordered to pay 7s. costs, he having been previously convicted of similar offences. Percy Smith and Thomas Stephens were each lined ss. with costs 7b., and A. E. Lambert was ordered to pay 7s. coats. George Gastein, a Syrian, was filled 20a. and costs 7s. for keeping fowJs in a small yard, and permitting the Bame to becomo offensive. Emily May Brodie was fined 10s. and 7s. costs for having no light on her motorcar while the vehicle was standing in Hob son Street. Martin Chamberlain was charged' with driving a motor-car across the intersection of Cuba and Manners Streets at a greater speed than eight miles per hour; also with driving a motor-car ou the cycle track on the Hutl road; and with having no tail tight on lus car. He was convicted on all three charges. On the firßt lie was flnea 403., and ordered to pay 7s. costs, and on tile other two he was ordered to way 7s costs in each case. Charles WDougail, a temporary messenger at Parliament Buildings, was'charged with failing to produce hto concession tram ticket when requested to do so by ?u co . n( Juctor. According to the evidence • the defendant boarded a car at Stewart Dawson s corner, and when asked bv the r,f t uot ° r , f ?j; his f ? re > 6aid a-™ right, and the conductor went on. Later an inspector boarded the car and discovv!£n lliat ,- Il , e defendant's ticket had not been punched. The conductor was informfl.vi ? nd , wenl , back and asked for the defendants ticket, which was punched, lhe defendant waß asked for ma name, which he refused at first to give. The defendant in his evidence said that the first person who asked him for his ticket was the inspector. He denied that fn,' £?«"' f u , c , u i, pr ? v i; usly a3ltc,i foi his fare. He had the ticket in his hand when the mspeotor eame up to him file defendant was tdfon tho benefit of the doubt, and tho information was dismissed