RESIDENT MAGISTRATE’S COURT—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1306, 7 April 1883, Page 2

RESIDENT MAGISTRATE’S COURT—GISBORNE.

Yesterday. [Before J. Booth, Esq., R. M. ] The cases Adair v. Johnstone and Johnstone v. Adair, were adjourned until Tuesday next, on account of the ill health of the plaintiff The expense of the adjournment being paid by the applicant. J. R Hurrey v. Oxenham. — Claim, £l3 Is Bd, for timber suppli-d. There was no appearance of the defendant. After hairing the plaintiffs evidence, his Worship gave judgment for the full amount claimed with costs of Court. 21b. M. Boland v. H. J. Walker.—Claim, £l9 5s fid, for damages sustained to mowing machine the property of the plaintiff. Mr Turton appeared for the plaintiff, and Mr Brassey for defendant. After considerable discussion between the counsel, the plaintiff was nonsuited with costs, £1 9s.

[The Court was here adjourned till 2pm, on account of the revision of the Jury List, which was appointed to take place at 11 o’clock yesterday morning]. Ngaratu Topia v. Finnucane.— Claim £2 10s, for firewood.

Mr McDougall appeared for the plaintiff, and Mr Brassey for defendant. Ngaratu Topia deposed : I have sold 14 cords of matai anti 0 of ritnu to the defendant at 15s. On the 23rd of September he gave me £B. On the 14th of February I delivered 6 cords of puriri ; I have delivered more than 20 cords. On the 26th Feb. Rapaua, my mate, saw the defendant carting firewood which belonged to us ; my companion told him to put it down. On the 14th Feb. I asked the defendant for money for the wood, anti he refused ; the amount I asked for was £1 10s. It was Rapana and I who asked the money. We are partners, and have received altogether £lO from the defendant. I have never received any other money* him. We arranged the price of the wood per cord at the bush at Tapua. I am sure Finnucane took away 21 cords of our wood. There were not only 20.

Rapana deposed : I know the plaintiff and defendant in this action. I said something to the defendant one day when he was carting wood ; it was on the 25th Feb. I told : him to put the firewood that was on the cart down. I told him if he took the cord j of wood he would have to pay £l. The j defendant took the wood away. A great amount of discussion hero arose between Counsel on either side, and, after great delay, His Worship said he would nonsuit the pl.-’ntiff. M. Boland v. C. W. Ferris.—Claim £l3 8s for work done. Mr Turton appeared for the plaintiff, and 1

Mr Brassey fol* defendant, Mr Brassey said that matters should be amended, for in the summons there were no particulars given, and that they could not understand it, there being no dates, or even year. The particulars were too meagre. Mr Turton said he was sorry, but- that he had only taken the case ifi hand this morning, and that the particulars could be amended, and that he would undertake to deliver the amended particulars by to-mor-row morning ; and the ease could be heard on Tuesday next with the crow-action. Mr Brassey asked that costs should he allowed to the defendant, but Mr Turton objected. His Worship said that tile plaintiff should have eome better advised, ana was to blame that things b/.d gone the way they had. He would Hierefoie ie H 'ile t.ie defendant’s costs, which amounted io £2 2s, G. L. Greenwood v. Thompson.—-Claim £5 3s, for the detention of keys of the Whataunoko Bridge. Mr Brassy for plaintiff, Mr Finn for defendant. Judgment was given for the plaintiff, in default of payment 14 days’ imprisonment.