RESIDENT MAGISTRATE'S COURT February 17.

Mount Ida Chronicle, Volume VII, Issue 363, 18 February 1876, Page 3

RESIDENT MAGISTRATE'S COURT February 17.

(Before H. W. Robinson, Esq. R.M., and L' W. Busch, J.P.) M'Carfcby v. M'Phee.—Claim, £9 43, balance of account for woi'k and labor done. Mr. Hertslet, for plaintiff', Mr. Rowktt for defendant. The plaintiff claimed to have been engaged by M'Phee in May, 1874, at 12a. per day, and travelling expenses, to assist in the erect ion of a cob house on Alien's run at Blackstone Hill ; that he had so worked for 22 days, and had received from £4 Plai-itifF swore that since the payment of the £4 he had had frequent promises of the pay ment, of the balance from the defendant, but. it still remained unpiid. Defendant swore that no such agreement bad ever buen made between himself and nlai-.jtiff; that he had taken a contract, to put up the cob walls of a house, and that t.he defendant was to divide with him. The amount of the walls was £9, and that he had paid plaintiff £5, which was in excess of what was due to him. The plaintiff had never made any demand upon him for any balance, nor had the subject been mentioned to him until the sprvice of the summons—in fact, denying in toto the statements of defendant. The Bench said that the evidence was so utterly conflicting that it did not feel inclined to disturb the status quo ante. Case dismissed.