RESIDENT MAGISTRATE'S COTJBT.

Grey River Argus, Volume XI, Issue 1021, 3 November 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, Nov. 2. (Before W. H. Revell, Esq., R.M.) Broadbent and King v. Wilkie.— A. claim for LI, for work and labor. Judgment by default. Flannery v. Togari.— Sommons ior LI 18s. The amount had been paid, less the coßts of Court. Judgment was given for the costs. _•■■- Same v. Sargent. — Claim for Ll6j money advanced, and Ls9s 4d interest. The money .had, been owin^fpr three or four years. ' Judgment forXlfr 7s 4d. . Magoffiny. M 'Kay.— Claim for goods sold and delivered, L 6 4s Bd. The sum of L 3 was paid the previous evening. Judgment was given for the balance. Same v. Johnson and Crawford-.-:- A claim . for Lll, for goods sold and delivered to defendants, who were contractors. Crawford, who appeared, denied a portion of his liability. Judgment for amount claimed. Huggins v. Swingland.— An action to recover LlO—L5 for assault and battery, and LSfor damage caused by removing the roof from a house in which plaintiff resided. Mr Guinness for plaintiff, and Mr Newton for defendant. — Helen Hoggins stated that on the 24th October she was residing in a house belonging to the defendant. On the evening of that day Swingland came to her house and made use of abusive language: She then told him to leave the house, but he refused to do so> and on her trying to close the door, he stract her with his fist:, -He said he would not, deny striEing her, "and went away. He never said what he came for, only "that you have taken your time, and now Til take mine." On the 26th, about midday, he came and said, "If you are not out by two o'clock I will take the roof off." He then came about two o'clock, and she said, "Will you come to terms?" She owed some rent, LI Bs. He had seized some property on that day, between two and three o'clock. Wh9n he took the roof off, her clothing and furniture got wet and spoiled. The goods were out in the nan some hours. By Mr Newton: She had gone by other names besides MnHuggins. Her husband might be alive now. She had gone under the name of Thomas. She never said her name was Waters. She told him that- she was- going away in a few weeks. He had never asked her for the rent. He had left her a bill for 28s. He had been to the house several times in a friendly way. Moßes Thomas was present at the time, bringiug a bag of wood. She never saw a man named Osbaldeston. Lived in the same house as Thomas. Swingland never said what he came for on the 24tb. Could not say whether he came there on the ' Monday week previous to the 24th. She owed him tiome borrowed money. He took a necklet from her as security. She had tried to get another house, but the rent was too high. The things were moved to the house of a man named Thomas^ not Moses Thomas. The property was injured by the rain.— Re-examined : He. lent her money to "release properly for which she had to pay interest. — Moses P. Thomas : Remembered the 24th October, when he was at plaintiff's house. He was taking in some wood when Swingland came to the door, in company with his wife, and struck the plaintiff oh the forehead, when she tried to shut the door. Swingland said that be would hot deny striking her. On the Friday be came and said that he would take the roof off, and about an hour or two afterward he came and did so.— By Mr Newton : The plaintiff was reclining on the sofa when defendant came. He did not say he would put those on to her to whom she' owed money. She never touched Swingland when he came to the door. Mr Newton applied for a nonsuit, on the ground that plaintiff was a married woman and could not bring an action. ' His Worship retnsed to grant the application. Mr Newton contended that she had no htm standi. Mr Guinness said that a woman living as plaintiff had done had not the. rights of a married woman. His Worship said that it did not follow because she was an improper character that the law would not protect her. He would not grant the nonsuit. Philip Swingland called, said he was defendant in this action. He. let the house to plaintiff on the 21st Sept. On the J6fch he took her a receipt for 3 week's rent. She said on the 24th he could have a picture. He then went and gave her notice that she must clear out. He then tried to push the door open, and she " shoved " him off the step, and in slipping his hand fell on her forehead. On the 26th he went down, and after giving her notice commenced to take the roof off. The furniture was not damaged in renioving. By Mr Guinness : She told him when she took the house that she was going to Melbourne. The sofa was distrained for rent. The neighbors complained of her conduct.— William B. Evans : Was present on the 27th October when the roof was taken off. The furniture was removed to next door, and was not injured. By Mr Guinness : The sofa was distrained on the 27th, and sold on the Tuesday following. — George Osbal* deston : Saw plaintiff and defendant(on the 27th. He heard some words passing between them, and Swingland asked for the rent. She ordered him away from the house, and he raised his hand, but he did not see any blows struck; He never heard Mrs Swingland make use of any bad language.— Barbara Swingland was wife of defendant. Was present when the notice to quit was given. He did not strike plaintiff intentionally, but he might have done so accidentally. By Mr Gainness : She urged him to take legal proceedings against her. Mr Newton having addressed the Bench, and again urged the nonsuit point, and Mr Guinness having replied, the Resident Magistrate said that several points had been raised m the case, and he should reserve judgment till the next Court day.