RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 4174, 13 July 1876, Page 3

RESIDENT MAGISTRATE'S COURT.

Tattt*?*** JuLY 13> (Before J. Batbgai* Es< l" RM^

Allan, as M'Swan's trustee, v. Sim -—His Worship gave judgment! erein, * na * there were two counts in this action, fir** for trespass, and second for cutting the plaintiff's land. In regard to the second count he was of opinion the plaintiff had no case. It has been proved that about three years ago the defendant granted a verbal conditional permission to lay a pipe through his section in connection with the Water Cimpany's pipe in the street, to Miss Ferrier, agent for one Lawrence, who holds the land adjoining the plaintiff's part of the section on the north. The defendant had now withdrawn that lease, and he (his Worship) was of opinion that he had the right to do so. With regard to the first part of the ck ; m, he held that the preponderance of testimony as to the land on which the alleged trespass was committed being part of the defendant's section, was in favor of the defendant. In regard to the point whether there was any trespass on the plaintiffs land beyond the boundary-line claimed by the defendants, he waj not satisfied that there had been any. Plaintiff was nonsuited, so as to leave it open to him to bring forward a stronger case if he be so advised.

James Macandrew (as Superintendent for Otago) v. W. Bell.—Claim, L 55 lis, moneys due to the Otago railways for sundry trucks of gravel, metal, &c. Mr Denniston appeared as Provincial Solicitor in Mr Stout's absence. Judgment was given, by default, for the amount claimed, with costs.

Martin and Watson v. J. Downes. — Claim, L 4 4s, the value of six cords of wood, alleged to have been removed by the defendant from plaintiff's section at Blueskin. Mr Mouat for plaintiffs, Mr M'Keay for defendant. The case rested on the question of disputed boundary. Judgment was given for plaintiffs.