RESIDENT MAGISTRATE'S COURT, TEMUKA.

Temuka Leader, Volume I, Issue 80, 21 September 1878, Page 3

RESIDENT MAGISTRATE'S COURT, TEMUKA.

Wednesday, Skpt. 18. . [Before A. LeG-. Campbell, Esq., R.M.] POLICE CASES. Ellen Parkerson was charged with vagrancy, and with having been drunk and using filthy language on t,he Great South Road the previous night. Constable Thoreau said that he had known the prisoner for some years, and gave her a bad character-. Prisoner pleaded for " a chance" to be given her. His Worship gave her a month, saying she could take the chance at the end of it James Hopkinson and Edward Carr, two lads, were charged with maliciously breaking the windows of the Arowhenua railway station on Sunday, 18th August. Three witnesses were examined, but their evidence was insufficient to pro\e the charge. It was therefore dismissed. CIVIL CASES. Bsfore going on with the civil cases, his Worship intimated, that in future he would give cases undefended by counsel precedence in hearing. Parties to such cases should therefore take care to appear early at Court on sitting days. Mason v. Smith.—Claim L 7 Is. Adjourned .at plaintiff's request for a month. A. Holloway v. Engleston. —Claim, on judgment summons, L 4 16s 2d, Defendant promising to work it out, the case was adjourned till next Courtday, wlren, if he doesn't fulfil his promise in the meantime, lie will be otherwise dealt with. _, ' Thompson v. Newman. —Claim L2. : No appearance of either party. ' W, Storey v.' L. Henley. —Claim L2 Defendant had paid L2, but plaintiff askecl for a judgment for costs, 19s. Granted. Wilson and Sons v. Cates.—Claim L2 15s 4d. Defendant had sent a post-office order for L2 15s. Plaintiffs asked for a judgment for costs, lis, and balance, 4s. •1 - Granted. IS the following cases judgment by default, with costs, was recorded : Storey v. Nightingale.—Claim LB 3d.

Same v. Hopkinson.—Claim L2. Mason v. Hopkinson,—Claim L 5 17s. Cray v. Tagg.—Claim L2 10s. Wilbnn and Sons v. Ruark.—Claim L 4 14.. S une •••. M c'en^io. —Claim LlO 19s. Hooper v. (i Ciitf, Timaru.—Claim LI 10. S. J. Brown v. Noedham. —Claim L2 Ss Id. . Same v. King.—Claim LlO 8s 9d, less LI received. Velvin v. Wad dell.-Claim L 3 12s Gd. M. Breean v. Dunn.—Claim Ll 9 3s 2d,, the balance of a claim for L 64 13s 2d, allowing a set-off account of L 45 10s. Defendant put in a set-off to the amount of L 75 9s 3d. Mr Johnston appeared for plamitff, and Mr White for defendant. This case occupied the Court a considerable time, Mr Johnston trying to make the best of plaintiff's much-muddled accounts, and the evidence being very contradictry. Judgment was given for defendant. Hoare v. Macbratney.— DiaimL2 10s Mr Hamersley appeared for the plaintiff. The defendant pleaded a setsoff for LI 15s. This case was adjourned from last Court-day to enable defendant to procure evidence renting i o this set-off. Defendant brought what he was told to obtain —a newspaper ad vertisement—but on presenting it was told that it was no evidence. The set-off was thrown out altogether, and judgment was given for plaintiff for L2 and costs. Leach v. W. Grant.—Claim L 25 0s 3d, for grazing cattle at 9d per head per week. Mr Johnston appeared for plaintiff, and Mr White for defendant. The ease had been previously before the Court, when judgment was given for £ls, which amount had been paid into Court. Plaintiff, however, elected to take a nonsuit, and a nonsuit was recorded. Mr White objected that the case should not be re-heard, as the Court had awarded a certain sum, which being paid into Court, was a proper satisfaction of the claim. The . case had been already decided. Mr Johnston pointed out that, a simple nonsuit was recorded in the books of the Court : therefore, in his opinion, the case was not decided. His Worship, taking note of Mr White's objection, decided so hear the case. The evidence showed that the dispute arose from carelessness in making the agreement about the terms tor the grazing of the cattle, plaintiff understanding that the terms were L2 10s per week for the mob of 146, and defendant that the terms were 9d per head per week. In giving his decision his Worship said lie nvusl put aside both these ideas and' award what seemed a fair thing. Judgment was given for L2O and costs. Mr White g&ve notice of appeal.