RESIDENT MAGISTRATE'S COURT TEMUKA.

Temuka Leader, Issue 406, 28 June 1881, Page 2

RESIDENT MAGISTRATE'S COURT TEMUKA.

Monday, June 27, 1881. (Before J. N. Wood, Esq., R.M.) CIVITi CASES. S. McCully v. A. Wadsworth—Claim £G7 Us 3d. Mr Godby appeared for plaintiff. Judgment by default for plaintiff for amount claimed with costs and solicitor's fee. Holloway \r Murray—Claim £lO. Mr Knubley for plaintiff and Mr Hamersley for defendant.

Patrick Hayes, deposed : I am living: at Wailii Buali. Remember in June, 1880, selling a mare to Miss Holloway. She paid for it herself. Her father had nothing to do with the transaction. Edwin Logan, storeman, living at Peel Forest, deposed to exchanging a pony with Miss Holloway for a bay mare. She gave me £2 to boot.. The pony was a chestnut filly, and will be- three years old next foaling. It is branded P on the near neck. It is valued at £lO or £ll.

Annie Holloway, deposed : 1 live at Geraldine, and am plaintiff in this action. | My father is a debtor. From a. friend I heard that Mr Miurray, ns trustee in my father's estate, ws* going to seize my pony, and I wrote a letter te Mr Murray, protesting against his action I delivered it personally. The pony was mine, and my father had nothing to do with it. I had had the pony ten weeks at that time. It was valued at £lO. It hes since been sold by auction. I was present when it was sold. I would rather have the pony than the money. Cross-examined by Mr Harnersley :. I left for Dunedin on the 4th March, and was there till last month. The pony was in Gaby's paddock. 1 have heard that my father rode it into Temuka, but I wrote to him telling him not to do so. I aicstwenty-five years of age. James Gaby deposed : A pony was brought to me by plaintiff, to keep for bet in Jmy paddock. I charged Is a week.. Miss Holloway paid it. I looked upon her as the owiier of the pony. Mr Holloway took it away once. I value the pony cheap at £lO. It was sold by Mr Murray at an auction sale.

Henry Hollaway deposed : I live in Geraldioe and am father of plaintiff. I recently filed a declaration of insolvency. I know the pony in dispute. It belonged to my daughter. I never paid for it or hud anything to do with the ownership in any shape or form. I have never used it as my own or assumed the ownership of it. Cross examined by Mr Hamersley: Mr Murray took possession of the pony at Nicholas' stables where I had put it when I rode it to Temuta

Mr Hamersley contended that under the' 199th clause of the debtors and Creditors Act, the plaintiff was out of Court. Proper notice had not been given, showing plaintiffs Dame and showing her right and title to the pony.

Mr Knubly contended that the clause related only to personal matters, and the trustee must be brought within the score of the Court. According to the Act the trustee must not seize without an order, and authority of the District Court. His. Worship intimated that he would give his decision in tfoe case next Monday.