RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 4145, 9 June 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, June 9. (Before J. Bathgate, Esq., R.M.)

Judgment went for plaintiffs, by default, in the following cases :—Wright v. Watson, claim L 6 10s, for wages due; Nashelski v. Laurie, L6O, money lent; Hogg and Hutton v. M‘Gregor, L 8 9s, for groceries (19s for whisky struck out); Thomson, Strang, and Co. v. M'Qirr, L 5 6s Id, for goods supplied. Davis v. Patterson.—Claim LB, for meat supplied. Defendant admitted the debt and judgment was given for plaintiff, with costs. Ross v. Ferguson.—Claim L 8 8s for rent due, and an application to regain possession of a dwellinghouse let by plaintiff to one Fairburn, who in turn let it to defendant.— Plaintiff said the property was situated in the Octagon, near the Athenaeum, and he had let it to Fairburn for twelve years from the year 1862. Plaintiff in April last gave Fairburn notice to quit, and he did so, but defendant would not clear out.—Defendant said he had a sub-lease from Fairburn,—Hi? Worship said defendant might have a case against Fairburn, but he must leave plaintiff’a property. Judgment would be given for the amount claimed and an order of ejectment issued.

W. F. Dixon and S. J. Jones (Melbourne) v. D. Harvey (Clyde).—Claim 1.34 13s 4d, amount due for four months’ maintenance of defendant's wife at L 8 13s 4d per month, as per agreement dated June 4 in the year 1868. Mr Denniston appeared for plaintiffs ; Mr Sinclair for defe daut. F. R. Wilson, clerk to Messrs Stewart and Denniston, said he had for some years received from defendant monthly payments on account of plaintiffs.—Mr Denniston put in a power of attorney from plaintiffs to witness’s firm, empowering them to sue and bring actions on their behalf.—Mr Sinclair submitted that the plaintiffs must be nonsuited, as the power of attorney was dated five years ago, and there was no proof that either of the plaintiffs was nowalive.—His Worshipsaidthepresumption was that they were alive-it was for defendant’s counsel to prove otherwise.—Mr Sinclair said he had no evidence to offer.—Elis Worship then gave judgment for plaintiffs for the amount claimed, with costs. Frederickson v Camming.—Claim, Us, for a week’s rent, in lieu of notice. The case was adjourned for further evidence. Coombes v. Black.—Mr Sinclair applied for a judgment summons in this case, which was granted.