Feilding R.M. Court

Feilding Star, Volume XII, Issue 11, 10 July 1890, Page 3

Feilding R.M. Court

Thtibsday, July 9, 1890. ttr (Before Mr Brabant, 8.M.) j JUDGMENT SUMMONS. Bugh Crabb v J. Haast.— Claim £4 9s Bd. Mr Sandilands for plaintiff. Ordered to be paid 10s per month. T. E. Taylor v P. Panapa.— Claim £15 10s 6d. Mr Sandilands for plaintiff. Ordered to be paid in two months, in default 15 days' imprisonment in Wanganui EEugh Crabb v. E. Geange.— Claim 10s Bd. Mr Sandilands for plaintiff and Mr Cooke for defendant. Defendant pleaded he had been ill, out of work, and had a family of two, at present, to support. Had no property, nor had bis wife any. The B.M. said he was unable to make an order on the evidence before him. Same v I. Lukaschewski.— Claim £16 10b 4d.^ Mr Sandilands for plaintiff and Mr Cooke for defendant. Defendant said he had riot the money to pay the amount ; had not been working ; had been -bad; had an interest in a -threshing machine when he was at work ; the machine was mortgaged ; maintained iirnself by running into debt ; was now -working on a bushfelling contract with !Mr Cowdry ; had drawn no money yet. By the Court: Had only started a fortSlight ; paid his brother nothing for his leep; never had a settlement since his father died; the property wai left to his brothers. The Court considered the evidence of •defendant as unsatisfactory, but he could ; jiot discover from the evidence that defendant was in a position to pay, unless by instalments. Order made to be paid at £2 10s a month. DEBT CASES. J. Bowater v Geo. Bennell. — Claim £8 3.4s 6d. Mr Cooke for plaintiff. Judgxaent for plaintiff and orats .41s. S. j. Thompson y E. B. Fearon. — Claim dßlßlßs9d. Mr Cooke for plaintiff. Judgrznent for plaintiff and costs 15s. , H. Adsett v John Belk.— Claim £3 13s. ' Mr Sandilands for plaintiff. Judgment for plaintiff and costs 6s. ' Isaac Churchervß.B. Fearon. — Claim JB2 ss, money lent. Mr Sandilands for plaintiff. Mr Cooke for defendant applied for an adjournment. Mr Sandilands objected. Mr Churcher gave particulars of the claim. Judgment for plaintiff and <costß 6a. Mr Cooke applied for a re-hearing to ■which the E.M. consented and execution -was stayed for 7 days. J. B. PybusyF. M.Williams. — Claim _£6 ss9d. Mr Cooke for plaintiff. Judgment for plaintiff and costs 18s, solicitor's :fee2ls. T. B. Taylor v Inness.— - Claim £6 6s :Bd. Mr Sandilands for plaintiff. Judgment for plaintiff and costs 24s and solicitors fee 21s. H. Adsett v A. Campion. — Claim £3 3.65. for r.ent. Mr Sandilands for plaintiff. Defendant disputed part of the account as lie had spent £3 15s on the house. Mr Adsett deposed : He had not authorised the money to be so spent. Defendant deposed : He had left a stove in the house when he came away, in the belief that Mr Adsett was going to allow .him for its value against the rent. Cross-examined : Kent was owing when lie left the place ; did not settle up because ie thought Mr Adsett would go and see iihe improvements ; had sent a written account of them to Mr Adsett ; . could not tell when, but his books would show. Letter was read from Mr Adsett showing terras of the tenancy. Judgment for plaintiff for £5 16s and ■ <cdsts 10s. S. J. Thompsoa v. D. E. Amesbury. — Claim j£4 6s 6d. Mr Cooke for plaintiff. *\ This was acclaim on an IOTJ, £4 Is Bd, by defendant, and interes , dated October last. Judgment for plaintiff for the amount and costs 6s. W- Light v. D. E. Amesbury. — Claim £2 7s 6d. Mr Cooke for plaintiff. pleaded he was not in a position to a pay; expected money by ■' 4he next mail from England. CJase adjourned until next court-day. IB- /Wrightson v E. Stewart. — Claim JE49 2a. Adjourned until next court-day. ' ' J, B. Anderson v Emmett. — Claim £5. Mr Sandilands for plaintiff and Mr Cooke for defendant. As his client had not appeared Mr Sandilands applied for an adjournment. Mr Cooke, whose client was present, objected. Mr Sandilands elected to call defendant las a witness. J. W. Emmett deposed : He had received a letter demanding the return of certain sheep -belonging to Anderson; on the sth February found them in his flock; delivered them when Anderson had given him 12 hours notice ; had refused to give them to plaintiffs son, because they had given him time to muster; they got them on the second application ; they called on three different days for the sheep before they got them ; had branded **wo of the sheep before he knew they were Anderson's. By Mr Cooke : Had not commenced an action against Anderson for trespass ; it took two hours and a half to muster his sheep, his farm being 105 acres ;'Anderson's place is nine miles off; the latter aruns his sheep on the river bed, which belongs to the. Crown ; the two ewes and two lambs are worth 5s all round; An- . derson claims £5 for them ; did not know defendant was going to sell until his son came for the sheep, which were given up At once. Mr Sandilands contended his client was entitled to a verdict if for only nominal damages, because his property had been detained. Mr Cooke submitted the plaintiff was -not entitled to recover. It was asserted that plaintiff could compel defendant to muster, but section 55 of the Sheep Act provided the proper means for plaintiff to have taken to have got his sheep. The B.M. did not think any claim had been made out for damages. Defendant had done a neighborly act in giving the notice he did. Judgment for defendant and solicitor's fee 21s. The case, Dougherty r Dougherty, was withdrawn at the request of Mr Sandilands, who stated the parties were now agreed, and Mr Dougherty had made a satisfactory arrangement. William Milne was charged with refusing to maintain his two illegimate children. On the application of the Constable the information was withdrawn. There was no appearance of either party. The Court then adjourned.