RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3279, 23 August 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, August 22. (Before I. N. Watt, Esq., R.M.)

Hall v. Derstcr.—Claim, L 56. There was no appearance of plaintiff. Mr Stout appeared tor defendant, who pleaded not indebted, and the case was struck out. M'Callum v. Fraser.—Claim L 97 10s, for services rendered for the space of three years, at L'-O per annum. Mr Stout appeared for plaintiff, and Mr Harris for defendant.— Janet M'Oallum, plaintiff, stated that she was sister to defendant. She had done all the household work for him for over three *, ears. Had never received any money from defendant, although he often promised to give her some, and was therefore obliged to take in sewing, to keep herself in clothos. Cross-examined: Had received a letter while at Horae from defendant, inviting her to come to New Zealand to look after his family. He paid her passage out. Defendant’s daughter sometimes helped hor with her shirtmaking, but always got the money for the work. Defendant once bought some cows, but not at her request. Witness used to take the milk out, but put the money for it down in the room for defendant to get. Always kept the house clean. Defendant never told wimess to get what clothes she wanted at Inglis’s and run a bill there. Angels could not have put up with defendant’s family, for they were like a lot of wild beasts. Never heard that she was a nuisance to the neighbourhood.—Mrs Haigh stated that she was a neighbour of plaintiff for two years, and that the latter was always at work, and pot, to her knowledge, a nuisance to the neighborhood.—John Hughes, bailiff to the Court, gave similar evidence tq thqt of the last witness.—James Fraser, defendant, stated that he paid plaintiff’s passage out to this country, and offered her a house with him. Nothing was said about wages. Witness’s daughters did a great part of the house work. At plaintiffs request he bought some cows, but never received any money fur the milk. Plaintiff once told him that the milk brought iu LI a week. After the cows were sold, the plaintiff commenced shirtmaking. When she asked for money for clothes, witness told her to get what she required at Inglis’s, and that he would pay for them. The house was not kept clean by plaintiff Plaintiff was in the habit of creating disturbances in the house, thereby attracting the attention of passers by. On going home one Sunday morning witness found plaintiff striking his daughter with a leg of mutton, and using unbecoming language. He then told her to leave the house, which she soon did.—After this witness’s children had given similar evidence, his Worship reserved judgment. Judgment was given by default in the following cases :—Flexman v. Freeman: claim L6O 18s 7d for timber supplied. Flexman v. Lawson : claim Lls, for bags. M’Carthy v. Duxbury : claim L 22 9s, for breach of contract to sink a shaft.

Edwards v. Thompson.—His Worship delivered judgment in this case, which was heard on Wednesday, He considered that Greenwood was something more than the mere agent of the defendant, and that the boy Miles was his servant for the purpose of taking possession ; and he was further of opinion that Greenwood by going from Princes street to the Forbury for the purpose of extricating the horse from the ditch, and remaining there for three hours endeavoring to extricate it, exercised a right of possession, and thereby took the possession required by the contract. Judgment for plaintiff, L 5 and costs.