RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3304, 22 September 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Moxdav, Sei'Tembkr 22. (Before I. N, Watt, Esq., 11.M.)

M'Callum v. Fraser —Claim L 97 10s, for work and labor done and services performed during three years and three months, at L3O a year. His Worship delivered judgment in this case, which was heard lately, as follows . —The plaintiff and defendant are sister and brother. The defendant being in New Zealand, and hearing that his sister desired to come out, sent Home her passage money, and on her arrival he afforded her board and lodging, in return for which she appears to have ione some of the housework, either assisting or being assisted by the defendant’s daughter, it is not very clear which. But it does appear that the defendant was not there in the capacity of a servant. 1 draw this conclusion from her conduct in the bouse, and also from the evidence that a large portion of her time was devoted first to the cows and afterwards to the needlework taken in by her, the proceeds of both being devoted to her own benefit, I am convinced that the claim is a mere afterthought, and that had not the parties separated in anger no such claim would ever have been made or thought of.--Judgment for the defendant, without costs.

Fraser v. M'Callura. —Claim LIOO, for board and lodging. Mr Harris appeared for plaintiff, Mr Stout for defendant. This was a cross action arising out of the preceding one, and since judgment in that case had been given in favor of Fraser, Mr Harris said he should advise his client not to proceed with this.—Mr Stout was quite willing, hut thought the costs in the one case should be a set-off against the costs in the other.— Mr Harris said his client was willing that no costs should be given in the first case, and the second was accordingly withdrawn, without costs in either case.

Judgment was given by default in the following cases :—Eagerty v. Davies : claim L 5 12s, for keep of horse; Smith v. Keys : claim LI 2s 6d, for meat supplied ; White v. Stuart: claim L 5 16s 6d, for goods supplied.