MAGISTERIAL.

South Canterbury Times, Issue 3023, 5 December 1882, Page 2

MAGISTERIAL.

TIMARU-THIS DAY. (Before H. W. Robinson. E*q., E ft, E. Wakefield and E. El worthy, Esqrs.) ■ CIVIL CASES. In the following cases, judgment was given for the plaintiffs for the amount claimed, with costs : J. Sfraohan v. H, Dapr&v claim 15s 6d ; Same v. H. Nichols, claim £2 10s; Colonial Bank of New Zealand v. T. W. Corbett, claim £63 7s Bd, on a dishonored promissory note ; J. Hinckley v. J. G. P. Coyle, claim £ll 6s 3d ; J. Ockroft v. D. McKenzie, claim £6 Bs ' 6d ; John Young v. Charles James, claim £2 lls2d 5 Hall and Menson v. P. Birtell, claim £8 11s 7d ; W. Fry v. Same, claim £2l; W. Ziesler v. Same, claim £ls 10s ; Timarn Gas Company v. Same, claim £5 17s; W. Collins and Co., v. T. Poole, claim £6 j3s. In the last case, after judgment had been, given, Mr Hamersley applied, under See. 17 of the “R.M". Act,” for a warrant to be issued for the arrest of defendant, which was granted. W. McCann v. Maurice Kippenberger, claim £lO, damages for wrongful conversion of cattle.

Mr Austin appeared for plaintiff, and Mr White for defendant.

Mr Austin stated that plaintiff bad taken certain oattle,his property, off the ground of defendant, and thereupon: defendant forcibly removed them. W. McCann deposed to the circumstances detailed by Mr Austin. To Mr White The cattle were bought by me from David Leach. I did not know that Leach was in difficulties, and selling his properly right and left. I paid Leach in Timaru, by cheque. I do not think Leach owed me anything. There might have been something owing.- Leach may have filed since. I do not know anything about his filing. 1 got no notice, and I attended no meeting of his creditors. To His Worship—l was employed by Leach, in keeping his books and driving for him. I used to pay him for grazing my cat'll e; for some, one shilling, and for others less, per week. I do not know how my account with Leach stood, although I kept his books. I merely kept his buto w, ery books. David Leach, grazier, said some cattle hud been taken from his land, and he afterwards saw them on Kippenborger’s ground. McCann removed them back, and Kippenberger and some other men afterwords removed them with violence. Witness never told McCann anything about this personal difficulty. The cattle ho sold McCann were sold at a fair price. To Mr White—McCann and I talked about the sale of the cattle when we were at Arowhenua. He paid mo for them in Timaru, in a coffee and pie shop opposite Mr Tosswill’s office. At this time I had been served with a writ by the Bank of New South Wales. Between the service of the writ and its

faJHng due, I sold tbe lease of some land to Mr McCann for £SO. I did not soli it to McCann. (After considerable hesitation) I sold it to Mr Job Brown and ho sold it to McCann, I effected the sale while tl.e writ was running. I filed on the day it came due. Mr Austin objected to this.as irrelevant and the Bench requested Mr White to state what his line of defence was.

Mr White said be intended to show that there was no bona fide sale, and further that defendant was merely an agister, honestly grazing: and taking care of the cattle on behalf of a third person, who in reality might to.be sued. Cross-examination continued —I did owe McCann money and X returned him as a creditor. He is my brother-in-law. Mr White submitted that the plaint was defective.

Mr Austin offered either to amend the plaint or to submit evidence bearing upon the alleged defect. After considerable argument, His Worship ordered the defendant to return the cattle within seven days or pay £lO and costs. Mary Horgan v. M. de H. Duval— Claim £2 Bs.

In this case plaintiff claimed a balance of wages due for domestic service. Defendant disputed the indebtedness, pleading that plaintiff had, while absent on sick leave, engaged herself to another employer. The evidence of the plaintiff and her sister was taken, and was found to conflict very much with that of defendant. Judgment was given for plaintiff for £2 and costs.

Mrs fate (as executrix) v. T. Dunn— Claim £3B Is 6d. Mr Tosswill for plaintiff; Mr C. Perry for defendant.

It appeared that £33 12s lOd had been paid into Court, leaving a balance of £4 8s Bd. . Mr Tosswili objected to accepting the amount paid in. After hearing evidence, His Worship gave judgment for plaintiff for £33 4s and costs.