RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume IV, Issue 131, 7 June 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

Before B. Walmsley, Esq., T. Renwick, Esq., and H. C. Daniell, Esq., J.P/s. Tnis Day. Stobo v. Cawthron. Defeudaut is agent for the Circular Saw Steam Company. Dr. Combe appeared for plaintiff. This was au action to recover the sum of £39 195., being £7 7s. damages alleged to have been sustaiued by reason of the defendant having detained a case of samples belonging to Messrs Butterworth Bros., of Dunedin, the plaintiff beiug their travelling agent, and £12 12s. value of case and contents. It appeared, from the evidence of plaintiff, that the sum of £3 53., alleged to be due by plaiutiff to defendant had been in dispute for over two months, and that defendant had detained the case in question until the amount was paid. It was also proved that plaintiff had offered to pay the freight due ou the case, which defendant refused to accept. Defendaut declined asking auy questions, but took advantage of the 33rd clause of the " Resident Magistrates Act, 1867," which provides that all summonses shall be served at least 48 hours before the time for hearing, and as the summons was only served at 3 p.m. on Saturday, the Bench ruled that the objection was fatal to the further hearing of the case, and dismissed it without costs.