DISTRICT COURT.
[BeWfe W. T.L. Travers, Esq., District Judge.] Thursday November 22. Dr. Bush v. Sullivan.— -This case after being several times adjourned from Court to Court for the convenience of the parties, was heard to-day: plaintiff claimed £26 a medical account: defendant a drink account of £38, but made no defence of set-off- on its being arranged between the attornies that the defence should be deemed us if duly delivered and accepted, the plaintiffs attorney then submitted to his Honor that as the case stood, his client's claim was admitted in law, and that the defendant's account (except about £*) being out of date, there was an end of the case, which wasaltogetherin plaintiff's favor; an attempt was made by the defendant's attorney, to induce the Court to look upon the accounts of these parties—the one a doctor, the other a publican—as being of two .'•' Merchants," and to set one against the other; but without effect. Judgment, £21 ss. and costß £'l 9s. Mr. Stamper appeared for the plaintiff, and Mr. Connell for the defendant. Dencker.v. Lange.— Plaintiff's attorney said, the arbitrator's award in this suit being in favor of his client, it was his duty to apply, if practicable; but, that, the reference herein not being by order of the Jndge, he could not see any power for either party to apply to the Court; and therefore he declined a futile application for judgment on the award, the Court coinciding, nothing was done: the position of the parties remains thus in statu quo. Mr. Stamper appeared for the plaintiff, and Mr. Connell for the defendant.
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Colonist, Volume IV, Issue 324, 27 November 1860, Page 3
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266DISTRICT COURT. Colonist, Volume IV, Issue 324, 27 November 1860, Page 3
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