DISTRICT COURT, CLYDE.

Dunstan Times, Issue 431, 22 July 1870, Page 2

DISTRICT COURT, CLYDE.

(Before his Honor Judge Grey). Monday, July 18. M’Morran V. Jenkins.—Mr. Bailey appeared as counsel tor the plaintiff; Mia Brough for the defehdant. Mr. Bailey, in opening the case, said that, at the sitting of the Court in May last, judgment was given for £IOO in the case “Jenkins v. Hillhouse." A distress warrant was issued, and the Bailiff levied upon the property of Mr M'Morran. The present retion was brought to put Mr. M’Morran in possession of the property levied oil. R M’Morran, being sworn, deposed that the .premises occupied by Hillhouse, together with the furniture, belonged to him, Hillhouse being his tenant at a rental of 10s. per week. (Agreement produced.) During the term of Hillhouse’s tenancy had purchased many articles of furniture and placed them in the house. ’’He supplied Hillhouse with sheep and occasionally with cattle, for wh ch he was now indebted to witness about £460.

C. Hi'lhouse, sworn, said; I was defendant in the suit Jenkins v. Hillhouse, heard before this Court at the last sitting. Verdict was given against me and by virtue of a distress warrant the Bailiff seized on the household furniture and other property claimed by the present Plaintiff. The property does not belong to me. lam Mr. M’Moaan’s tenant. I first became so during the year 1865. I have purchased and paid with my own money for several articles of furniture to replace those wearing out. Mr. M’Morran has also purchased articles at my request and placed them-in the house. By Mr. Brough; when 1 first became Mr. M’Morran’s tenant I bad about £4OO in money. I now owe about £460 to M ‘Morran £IOO to Jenkins, and several other trifling accounts. W Jenkins, sworn, said: The Judgment obtained by me against Hillhouse was tor wages. Whilst in the employ I kept the books. There is no account in the name of M’Morran. I always understood the house property to belong to Hilhouse. After I obtained judgment M’Morran told me he would assist me in getting the amount. By Mr. Bailey; I never knewthe property be onged to Mr. Al‘Morran. There is no Debtor and Creditor account in M’Morran’s name in Hillhouso’s book. Verdict for defendant, with, coats of Court; and three guineas professional costs. Hastedt v. Foxwell. Claim £93, goods supplied and delivered, and work and labor done. £lB was admitted as paid on account. Mr. Chappie appeared for plaintiff, and Mr. Brough, solicitor, for defendant. The sum of £44 was paid into Court. W. H. Hastedt, sworn, said: I have supplied the defendant with materials for looting and flooring a house in Conroy’s Gully, and have paid for the labor done. The usual prices were only charged, and the work was done in a substantial manner. On the completion of the job I handed defendant the account, who paid £B, and promised to pay the balnnce at stated ntervals. S. Foxwell, sworn, said: Wlren the account was given me, Ipaid £B, but said I thought it was high. I afterwards saw plaintiff, and offered to submit the account to arbitration. He refused. I then employed two carpenters to give me an estimate. Their estimate was £SB. Verdict for £l2 above the amount paid in Court, and £3 ss. costs. Friday, July 19. W. Smitham v. Corporation of Cromwell. Appeal against assessment upon his hotel. Mr. Bailey asked leave to appear for appellant. His Honor stated that it was against the rules of Court to hear au agent when a solicitor was present, and as the solicitor had not been applied to, he could not hear him. Assessment reduced from £l6O to £137. Fraer v. Same. No appearance of appelant. Dismissed with costs. In Bankruptcy. Andrew Southberg, miner, Skipper’s Creek. Mr. Brough applied for a final Order. Granted. W. J. Barry, auctioneer, Cromwell. Mr. Brough applied for the confirmation of Mr. James Hazlett as Trustee. Confirmed. Mr. Brough then applied for a final Order. Granted. John Macdonald, miner, Black’s. Mn Brough made application for a final Order. Mr. Bailey appeared on behalf of twp opposing criditors. The bankrupt was examined at length, as were also Messrs. Hunt and Gallagher, the opposing creditors, and two other witnesses, mining mates of the bankrupt. The evidence not being satisfactory, the application was remanded till the next sitting of the Court in-'Septemher.