MAGISTRATES’ COURTS.
CHRISTCHURCH. Thubsdat, Octobeb 7. [Before G. L. Mellish, Esq., R.M.] Civil Oases. City Council v Beatty, £SB 9 s 2d, for general rates duo on the Palace Hotel and Theatre. Judgment for plaintiffs by default, with costs. The next case called was again City Council y Beatty, £4B, for general rates on the Palace Hotel and Theatre, when the following dialogue took place : His Worship— “ What is this?” Mr Barker (representing the City Council) “ This, your Worship, is a claim for the balance of rates due on tho properties of Mr Beatty.” His Worship—“ Bub you have already got judgment in one plaint, is this for the game property ?” Mr Barker—- “ Yes, your Worship, the total amount due amounted to over £IOO, and it was divided to bring it within the jurisdiction of this Court.” Hie Worship—“ Oh, this won’t do at all; you cannot divide the cause of action; you should either have abandoned the amount above £IOO, or have taken the matter before the District Court.” Mr Barker—“ Defendant has left his cheque at the office for the full amount claimed with costs.’’ His Worship—“ Then, why do you come here? At any rate you cannot sue twice in one cause of action; you must either be nonsuited in, or withdraw from, the present case.” Mr Barker said he would take the judgment in the first plaint. Nothing could bo gathered as the fate of tho second. Mr Barker left the Court shortly afterwards, saying something about cashing the cheque. In his absence, a case, in which he represented the City Council v Free, £2 6s, for general rates, was called on, when, complainant being absent, the case was struck out, Mclntosh v Bsrry, £9, for posts and rails supplied to defendant. Mr Nalder for plaintiff. Defendant pleaded that the timber was given to him by Capt, Standish, tho agent of plaintiff, in satisfaction of a private debt. After hearing evidence, the Bench said Standish had no authority to dispose of the timber in the manner he had, and defendant was still liable for its cost. Judgment for plaintiff with costs. Mclntosh v Hayward, £1 9s. In this case the complaint was the same as in the preceding one, but it was proved that Standish had merely left posts and rails with and not sold them to defendant. Judgment for defendant with costs. Mortenson v Harris, £3 for wages. Judgment for plaintiff for £2 sa. Butler vM. Morphy. Mr Loughrey appeared for defendant, and said that the shock of recent events occurring at the Supreme Court had caused defendant to ho seriously ill, and he asked for an adjournment. The magistrate made remarks to the effect that the illness was more likely caused by the shock of whiskey. The case would be adjourned till October 14th, defendant paying costs and expenses of two witnesses. Judgment went by default in City Council v McMahon, £1 4j 6d ; v Mahoney, £1 16s ; v Sexton, £6 4> 7d ; v Cotter, £2 6s ; v Rodntll, £7 10s 8d j v Morris, £ls 10s 6d j v Tipler, £1 4s lid ; v Grimes, £3 3s; v Campbell, £4 15s lOd; v Wood, £4 4s 4d; v Brown, 16s 6d ; v Hardy, £1 10b 8d ; and v Oorr, 16s 9d. Doyle v Knight, £6, and Bligh v Holland, £4 ; in Trent v Holland, £6 10s 4d, judgment was for plaintiff with costs. Fbiday, Ootobbe 8. [Before G. L. Mellish, Esq., R.M.] Deunkbnnbss. —James Smith was fined 20s. Pat Pnelan, who had given himself in charge of tho police to be taken care of, was remanded till Monday next. This man’s face was frightfully disfigured, and he appeared to be Buffering greatly from tho effect of an overdose of alcohol. Abusive Language.—William Jones, who admitted having been guilty of this offence, was fined 10s. Attempt to Commit Suicide.— John Archer, who attempted to drown himself in the Avon on September 29th, and had been sent to Lyttelton for eight days to work off the effectslof a drinking bout, was now brought up, and the police withdrawing the charge against him he was discharged. Yaqbanoy.—James Sullivan, an old cripple who has been knocking about among tho charitable institutions for some time past 1 ! and who has been discharged from each in turn for misconduct, was remanded till Monday, so that Mr March might be communicated with.
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https://paperspast.natlib.govt.nz/newspapers/GLOBE18801008.2.22
Bibliographic details
Globe, Volume XXII, Issue 2067, 8 October 1880, Page 3
Word Count
732MAGISTRATES’ COURTS. Globe, Volume XXII, Issue 2067, 8 October 1880, Page 3
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