RESIDENT MAGISTRATE'S COUfiT.

Southland Times, Issue 1658, 5 November 1872, Page 2

RESIDENT MAGISTRATE'S COUfiT.

-^ (Before H. M'Culloch, Esq.,Tl.M.) Fbidat, Ist November. Shobbrook v. Shobbrook. — Charge of assault. The parties are man and wife. Mrs Shobbrook the complainant, said that on Saturday last her husband, the defendant, had pushed her out of the house, thrown her down, kicked her on the knee, and otherwise ill-treated her; He wa9 neither drunk nor sober. She went into a detailed account of other domestic grievances, and said that as her husband could not live peaceably with her, she wished him to give her an allowance and agree that they should live apart. No witnesses were brought in support of the charge, which Shobbrook fla:ly denied. His Worship, after giving the parties some good adrice, dismissed the information. Wade v. M' Lean.— Claim for £29 12s Bd, for professional services rendered two years ago. Defendant, who lives at Oreouki, did not appear. Judgment for plaintiff, with" costs, £l 5». Satttbdat. 2nd Novbmbbb. Mildred Bobinson was sentenced to 24 hours' imprisonment for being drunk and disorderly in Dee Rtreet on Friday evening. Otago and Southland Investment Company v. Jones. — His Worship gave judgment on the nonsuit point raised by Mr Wade in this casa, which was heard on Tuesday last, and the particulars of which appeared in our Friday's issue. It will be remembered that the claim was for the possession of two horses under a bill of sale registered under the Mortgages of Stock Registration Act, 1868, and the point raised was that the horses not having been branded with the brand specifically mentioned in the deed in question, in accordance with the provisions of the Act, were not included in the deed. Hie Worship said that the plaintiffs must be non~ suited on the ground that the documant under which they claimed the ownership of the horses in question owed its validity to the Mortgages of Stook Registration Act, 1868, and it had been shown that the provisions of that Act had not been complied with, as the horses were not branded with any brand set forth in the schedule. Plaintiffs were therefore nonsuited, witn costs, £3 3s. Monday, 4th Novembbb. Waddcl v. Montrote. — Claim for £25, two quarters' salary as telegraphic agent to Greville and Co, from Ist January to 30th June, .1872. Mr Macdonald for plaintiff, Mr Wade for defendant. The defence waa that the engagemerit was a yearly one t thai; plaintiff had left defendant's Bervice without giving dvie notice, and that he had latterly been negligent in the performance of his duties. From th» cvi dence it appeared that plaintiff had been engaged by defendant in the early part of 1871, as Greville and Co.'» telegraphic ajjent at the Bluff, at a salary of £50 per annum, payable quarterly. In April, 1872, Mr Montrose addressed a complaint to Mr Waddel regarding an omission in the despatch of local news. In the early part of July, hearing that Mr Waddel contemplated transferring his services to the Press Association, Mr Montrose communicated with Mr Waddel on the subject, and appointed Messrs Nichol and Tucker Greville's agents at the Bluff, [at the same time refusing to release Mr Waddel from his engagement, with the fiew of preventing him from entering the service of the Press ABSoeifttion. Mr Waddel replied that ha considered the appointment of Messrs Nichol and Tucker equivalent to a release, and acted accordingly. His •Worship held that no negligence had been proved, that it was evidently not contemplated bj, the original agreement that a second agent Bbould be appointed during the engagement of the first, that the - appointment of Messrs Nichol and Tucker was equivalent to a termination of the agreement, and -that plaintiff was accordingly , entitled to recover. Judgment for plaintiff, with I costs, £3 7i. | Mr Wade gave notice of appeal. ,