RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 4277, 10 November 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, November 10. 1 (Before J. Bathgate, Esq., R.M.) Judgment went by de r ault in the cases of Geddes v. Jordan, L2O 16s, for funeral fur-: nishings ; and Scanlan v. Steele, LU 7s 9d, for goods supplied. Rejd. y. Douglas.—Mr G Cook applied to. his Worship to order a nonsuit to be entered m this case, and argued the. points of law at! some length.—Mr Stout opposed \the ftppli* cation, on the ground that the decision jf the Supreme Court, reversing the judgment of the Resident Magistrate’s Court, must be adhered to, and could not be altered;— Counsel on both sides quoted authorities in support of their arguments, and his Worship reserved judgment. ' Joseph Monis v. Job Wain and Jerusalem Smyth.—Claim, L 76 10s Id, for timber and royalty. Mr Stout for plaintiff; Mr Brent for defendant.—ln this case it appeared that! a contract had been made between the two' parties by which the defendants were to cut : certain timber at Blneshin, and give plaintiff, owner of the land, la per 100 ft as royalty. Some difficulty then appears to have arisen in . consequence of a mortgage which existed over the land, by which it was sought to prevent the timber from being cut, but the question of mortgage was shelved by counsel, and the argument was as to the amount and value of the timber.—The plaintiff stated that the land was mortgaged, but was afterwards re conveyed to him. He was paid for the timber cut up to the 19th October, 1875, but since then he had not received any money, although a large amount of timber had been removed.—Mr Brent stated that, after the contract was signed and a saw-mill erected, his clients received notice from the mortgagee to stop cutting wood, and they had sustained much loss by the prohibition. [Left sitting.]