Untitled

Dunstan Times, Issue 916, 7 November 1879, Page 3

Monday, November 3rd. (Before Major Keddell, R.M. and Warden.) Hastedt v. Smith.—Action for goods sold and work and labour done, L 25. Mr Blood appeared for plaintiff, and Mr F. J Wilson for defendant, who pleaded a splitting of cause of action. After evidence was given that a similar case a fortnight previously had been heard and judgment given, the R.M. held the plea good, and gave judgment for defendant without costa. Smith v. Hastedt.—Action for work and labour 'lone, Lls 7s. Mr F. J. Wilson for plaintiff, and Mr Blood for defendant. Plaintiff in evidence admitted that the work done was to have been set off against the debt in the previous case, and the R-M. held that he ought to give judgment for defendant, which he did without costs. WARDEN’S COURT. Iverson and Others v. Paget and Others. —This was an action for the cancellation of fire different water races for non user. Mr F. J. Wilson for plaintiffs and Mr Blood for defendants Evidence wa° given at great length, defendants admitting that the first race attacked had not been used for twelve years, but resisted on the ground that the water, though it might not run in the particular courses granted, yet was used in one race to which the courses of the others converged. A point aiose in this action whether defendants must hold several miners’ rights for severa l water races, complainants contending that each separate water course must have a miner’s right to back it up. while defendants contended that one miner’s right could uphold any number of water rights. The hour being late, and as the arguing of the point would in all likelihood take some time, the Warden by consent of counsel agreed to hear the argument at Cromwell on Friday next, and give judgment on the next Court day at Alexandra. The Court then adjourned till the following da,, when a number of applications for water races for irrigation and domcslic purposes in Conroy’s Cully were heard, and the giving of judgment was adjourned till next Court dav.