S.M. Court.

Taranaki Daily News, Volume XLVI, Issue 107, 10 May 1904, Page 2

S.M. Court.

I he following cases were heard at the S.St. Court yesterday morning, before Mr T. Hutchison, S.M. UNDEFENDED CASES.

W. Nicholls v. E. Hopkinson. Mr Roy for plaintiff. Judgment for the plaintiff for amount claimed, 7s, and costs ss.

J. A very v. A. White.-Mr Roy for plaintiff. Judgment for plaintiff for £2B 18s 2d and costs £3 Is. W. Nicholls v. J. A. Culpitt—Mr Hoy for plaintiff. Judgment for the plaintiff for £2 7s and costs 10s, W. McCleland v, I*. James.—Mr Roy for plaintiff. Judgment for plaintiff, for £s|los\aml costs £1 3s (id. A. D. Gray v. If. Wilson. (Mr Roy tor plaintiff). Judgment for 12s and costs.ss. Same v. J. iDudeck. Judgment for plainti!) for £4 16s and 10s costs. JUDGMENT SUMMONS. In the judgment summons K. M. Hamerton v. M. llyland, an order was made for payment of £6 lis Od at the rate of 8s every two weeks, in detault 48 hours' imprisonmentDEFENDED CASES. F. Bellringer and others v. Allan Cleland.—This was an action brought by the New Plymouth Fire Brignde for the recovery of the defendant's uniform or its value. The defendant had been a member of the brigade lor the past fifteen years, and on his dismissal refused to give in his uniform. Mr Quilliam, who appeared for the plaintiffs, called Frederick Bellringer, who stated he was captain of the New Plymouth Volunteer Fire Brigade. The uniform supplied did not belong tp any individual member pf thp brigade. (The property bpok was produced, showing Cleland's receipt, for the articles, which was admitted.) At a meeting of the brigade the defendant was dismissed from membership, witness authorised tiie secretary to write and demand the uniform from Clelawl.

To Mr Weston : The property belonged to the brigade as a whole, not to the individual members, At the time of the meeting to consider the charge against Clelnnd, there \\ero about -H members present, the full strength being MO. The brigade was registered in 1897. Witness did know whether the rule relating to want of confidence" was forwarded to the registrar nt the time of registration. Had power from the executive to bring thu action on belmlf of the brigade. Cleland had been treuted very fairly by the brigade..

At this stage Mr Weston ruUed a non-suit point, on tho ground that the summons! was in tho muno q| I'rederick Hellringer and a number of others, whereas Mr Hellrliigor stated that he was authorised to bring the action. This was overcome by the names, other than Mr lieliringer's being struck out. '' Mr Weston culled

Foreman John Roberta, who stated that he did not think Cleland was trmvted fairly at the meeting called lor tho purposo of hearing the charge against him. The minority did not like Cleland, and made every effort to injure him, '1 o Mr Quilliam : Witness was nt the meeting to hear the charge, and was one who asked Cleland to lV Whoi! t)ip Court resumed at 2 o'clock Afr Weston called

Fireman W. Lye who stated that | a few members of the brigade had Shown animus against Cleland, ami their actions had created the. proserit position, .Total ami'th, registrar, stated he 'had been ft member of the brigade lor eight years, but was not now a lireman, Ford and Nich displayed animosity against Cleland, and dragged In his private uflairs. The.v were always making matters disagreeable lor Cleland. ' ''

After hearing counsel Ins* Worship •fserved his defjsipp til) Friday,