S.M. Court.

Manawatu Herald, 2 August 1904, Page 2

S.M. Court.

(Before A. D. Thompson, Esq. S.M.) Friday, 29th July. CIVIL. E. Hussey (Mr Moore) v, Mrs Somershy.—Claim 15s 6d. Judgment by default and costs 73. E. Hussey (Mr Moore) v. Wiari. — ■Claim 163. Judgment by default and costs 10s. R. H. Barber (Mr Moore) v. Birket and Pinches.—Claim £2 53. Judgment by default and costs x6s, solicitor’s fee ss. Dt Bennett (Mr Reade) d. L■ De Ridden—Claim £4. Judgment by default and costs ss, solicitor’s fee 55. H. Christian (Mr Moore) v. Blay,— Claim £3 5s 6d. Judgment by default and costs 18s. C. L. Barnard (Mr Moore) v. H. 6s. Judgment by default and costs Bs, solicitor’s fee ss. Mrs Hamer v, H. Webb, —Claim 19s 3d. Judgment by default and costs ss. D. ill Osfiorne’9 Estate (Mr Moore) v. Mardon 6d. This claim was disputed. After evidence was given by plaintiff’s solicitor. judgment was given for 13s gd, with costs 12s. D.O.A. (Mr Moore) v. Toomath.— Claim £1 8s yd. Part of the claim was paid. Judgment by default was given lor the balance, and costs JUDGMENT SUMMONS. Smale & Hay v. Thos. Lee. — Mr Moore for plaintiff. After defendant had been examined as to his means he was ordered to pay the amount, £s. 23 2d forthwith, or 7 days in Wanganui gaol, order to be suspended as long as defendant pays £1 per month. CRIMINAL. Police v. Richard Walden. Threatening behaviour. Mr Moore for defendant. Fined 53, costs 7s. Police v. G. A. Hobbs. Rescuing a horse from the public pound. Mr Moore for defendant, pleaded guilty, and pointed out that defendant had committed the offence under a mistake as to his lega. rights. Fined 10s, costs gs,witness’ expenses gs. Police v. J. W. Anderson. Being in’ possession of rope and blocks, which were stolen from the Magic, a ship in distress. The accused was sentenced _ to one month’s hard labour in Wanganui gaol. Police v. J. W. Anderson.—Theft of rope and blocks from the Magic, a ship in distress. Dismissed. Police v. J. W. Anderson,—Thett of timber, valued at 14s, the property of Alex. Speirs. Sentenced to 14 days’ hard labour, sentences concurrent.

F. S. Easton (Mr Reade) v. W. Wallbutton. —Trespassing in pursuit of game. Fined is, costs ys, solicitor's fee Tos 6d. ADOPTION. On an application in Chambers by Mr R. Moore on behalf of Mrs M. J. McCarthy, an order of adoption of Esm6e Mary Katherine Bennett was granted in favour of Mrs McCarthy. ATTACHMENT OnDEnS. W. Hamer and M. Perreau v. Alex. Morgan ; M. H. Walker v. Alfred Morgan. Mr R. Moore on behalf of plaintiffs, applied for attachment orders on moneys payable by Jas. Symons to defendants, to satisfy judgments obtained by the plaintiffs. After hearing evidence the S.M. said it did not appear that defendants had anything to live on except the money coming from the sub-debtor, which was not sufficient in his opinion to enable them to live and also to pay the judgment debts, and that although the Wages Attachment Act protected wages only, he considered himself at liberty to extend its provisions to cases where the work was done under contract, as the provisions of the Magistrate’s Courts Act were not positive, and left him a discretion to refuse orders. He accordingly declined to make the orders absolute. HENNESSY V. BOWE. The plaintiff claimed £26 10s value of a horse lent by him to defendant in September 1900, which was killed while in defandant’s possession, by a hull belonging to the defendant. Mr R. Moore for plaintiff, and Mr H. S. Fitzherbert for defendant. The plaintiff stated in evidence that he had sold a horse to the defendant, which afterwards got injured. He then gave the defendant a gratuitous loan of a mare. Shortly afterwards defendant came to Foxton and told him the mare had been gored by defendant’s bull. Th(j defendant had at various times for 4 years since the horse died promised to pay half the value of the mare, but had never done so. D. Whibley gave evidence for plaintiff as to the value of the bull. The bull was fairly quiet, but witness did not consider it prudent to put a horse into the same paddock with him. The defendant in evidence denied ever having told the plaintiff that the bull had gored the mare, or ever having offered to 1 pay half the value. He never supposed that the bull had gored the horse. He did not know what had injured the horse, but thought it might have got on to a stake or into barbwire. Had examined the bull’s horns after the accident, hut saw no blood on them. The bull was too weak to gore anything. Witness could take it by the horns and swing it round. After the injury, plaintiff insisted on the defendant bringing the mare into Foxton, and it was (his that killed the horse. She would have lived if left in defendant’s care. He believed plaintiff’s reason for suing him was that he left off dealing with him. Defendant’s sons corroborated this evidence, and said they considered the bull much too weak to do any injury. A puff of wind would knock him down. Evidence was also given by W. Hamer as to the nature of the injury, by John Sullivan as to the value of the rnare, and hy Joseph Trask as to its being a common practice to keep a bull and horses in the same paddock.

After counsel had addressed the Court, the S.M. said he did not believe the injury had been done hv the bull. The plaintiff had been guilty of contributory negligence in having the mare brought into Foxton when in too weak a state to be removed from Moutoa, and the evidence showed it was a

common practice to place horses m same paddock with a bull, so4hat the defendant could not be deemed to have been guilty of negligence in having done so. Judgment accordingly was given for defendant with £l 4s Court costs, and £2 2s solicitor’s fee. I bad tried many dochlors and swallowed their shtuff. And advertised noshtruma more than enough ; Till my coppers were gone, and my throat was on fire, And the lungs in my shtumach 'refused lo reshpire; t When a bottle of " Woods’ ” gave a new lease of life, And brought back the shmiles to the face of my wife; So take my advise for colds, faith be shure You get Mishtor “ Woods’ Great |Pe?* pebmint Cure.” Pneumonia always results from a cold or afl attack of influenza. Chamberlain’s Oou"h JU'iiedy quickly cures these ailments and° counteracts any tendency , toward pneumonia. Jt is made especially for these and similar ailm".*' 0^5 oaD a h v ays d peuded upon. Fo." Bale by all dealers.