RESIDENT MAGISTRATE'S COURT.

Evening Star, Volume VIII, Issue 2253, 27 July 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) Civil Cases. Jacobs v. Hill.—A claim for L 5 18s, for rent, and cash lent. The claim was admitted. Judgment for the plaintiff by consent. Fargie v. Thomson.—L3 17s, for goods supplied. Judgment by default for the plaintiff. Bacon .and Moyer v. George Wallis.—a claim for LIG, difference of value between the alledged cost of a mare given in exchange for a grey mare, and her real value. Mr Stewart for the plaintiff; Mr Harris for the defendant. From the evidence of the plaintiff Baker, it appeared that the defendant went into the stable, and seeing a horse there, offered to exchange a mare for it, saying that he had a first rate mare that would just suit the plaintiffs, to run in their trap and express waggon. Plaintiff asked where she was, and was told she was running in Brown’s coach. In reply to the enquiry, whether she was staunch and quiet, defendant replied “You may take my word for it, she is first rate, stanch, and quiet, and quite as good as the one 1 sold you before.” On that understanding, he agreed to take the mare on receiving three pounds to boot, and as the defendant wanted a horse to ride to Kdmog, he was allowed to take plaintiff’s away, it being distinctly stated that should the mare turn out not quiet and staunch, or unsound, she would be returned. Witness previously went and saw the mare in the paddock, and the next day fetched her homo. On putting the mare in the stride she would allow no one to approach her behind, and on feeding Ler it was necessary to climb over the partition between that stall and the next. Plaintiff never tried her in harness, as she would not allow any one to put it upon her back. He took her back to the defendant who refused to receive her. In reply to Mr Harris, witness said defendant put the mare to a plough, where she palled steadily and did not kick. Ho offered to currycomb and dress her. John Blandford said he heard the defendant say, “I guarantee the man quiet and staunch," and that she would go in any harness. Ho saw the mare in Bacon and Co. ’s stables, and was going up to her in the stall, but was warned not by Mr Bacon Since then ho had fed her several times and led her out to drink, but because she “ kicked fearful, both bind legs as high as his head, be never saw anything like it,” ho was obliged to give her food from another stall. He never tried to put harness on. He would not go near her to harness her for five pounds. She had never kicked anyone. The plaintiffs were nonsuited. M‘Curdy v. Baird. —This was a claim for L 6 for damages for trespass by the defenfendant’s cattle upon the ground of the plaintiff. Mr Stewart for the plaintiff; Mr McKeay for the defence. The damage was proved. MrM'Keay moved for a nonsuit on the ground of the land not being sufficiently fenced. Mr Stewart replied. His Worship considered that the plaintiff had contributed to the damage done by not complying with the provisions of the Fencing Ordinance inasmuch as he had fenced only his own portion instead of giving the notices required to his neighbour to pay his portion of the cost of a proper fence. Mr Stewart declined to be nonsuited, and judgment was given for the defendant.