CIVIL SIDE.

Thames Star, Volume VII, Issue 2591, 27 April 1877, Page 2

CIVIL SIDE.

• Judgements foe Plaintiffs. In the following cases judgment was given for the plaintiffs with costs:—Ellen O'Brien v. O. A. Field.—Claim, £5, workdone, and costs 15s. Wilkinson v. Slatbr.' —Claim, £4 ss, advertising, and costs 20s, J. Nodder v. Brown.—Claim, £1 16s, rent, and costs 19s. J. W. Adlam v. Te Tetaua.—Claim, £37, P.N., aud costs £4 18s. Wilkinson r. Macky.—Claim, £9 7s 6d, advertis'tig, and costs £14s. Mitchell v. Moore.—-Claim, £1 _17s 6d, rates, and costs, - ■ . Judgment Summonses. noddee v. Thompson, Claim, £2 0s Bd. ' Defendant was examined, and gave evidence that he had hardly sufficient to support h:mself.. He had been out of work for a long time, and hid five children. No order made. BUTT V. LLOTD. Claim, £4 9s. v v ' . . : A telegram was read frem defendant stating that he had not enough money to bring him (o the Thames. Order that defendant pay in one month, or one month's imprisonment in Mount Eden. WILKINSON T. CAMEBON. Claim, £3 17s. No appearance of defendant. Order that defendant- pay amount claimed within one month, or in default one month's imprisonment. Defended Cases, sullivan v. vebcoe*. Claim £20, damages. Mr Gr. N. Brassey appeared for defendant, and said that a minor could not sue by his next friend. ■' The Bench ovei ruled Mr Brassey's objection.. Mr Macdonald for the plaintiff, srid the District"Court Act provided that infant* could sue by the'r next friend or next of kin. Mr Macdonald here stated the case to the Court. The plaintiff, who was a small eri-and boyy.had been severely bitten by a dog belonging to Vercoe while on his business, which had caused considerable medical expense and loss of time. : Thos. Sullivan, sworn, deposed—l am an errand boy employed by Mr O'Buglien. lam nearlyl3. lam in the habit of delivering goods to Mr Vercoe. On the 15th of March I was taking goods to defendant. I was passing through the back yard when the dog attacked me. It tore my breeches, and bit my leg. The dog wa« not chained. Mrs Vercoe put ointment on the wound. The bite got worse and I had to get the doctor. My leg is not quite .well yet. The dog has snapped at me on several occasions. I never did anything to annoy the dog. By Mr Brassey—l was bii en on the 15th of Marcb. I worked for eight or ten days after I was bitten. The dog is generally loose.' I never annoyed the dog. The wound was about 1£ inches long. It never bled. It was about a week after that I went to the doctor. I found the wound getting worse about isvo days after the bite. Dr O'Flahertyi sworn, deposed—l am a duly qualified medical practitioner. I know the fast witness. The wound was such a one as would be caused by a bite." The wound was about 2 inches in length oh the outside of the leg. I was attending the boy for three weeks. The boy could not work during that time. My charge was a guinea and a-half. By Mr Brassey—The wound was not a clean cat; it was rather a tear. The state of the boy's blood was fair. I saw the boy a week after the bite occurred. Alice Sullivan, sworn, deposed—l am the mother of the boy who was bitten. The bite made the boy unable to work. His master did not pay him for the time he was laid u». ■■ \ Mr G. N. Brassey stated that he coald prove that the dog was a quiet one. Ho was, however, prepared to pay 4 weoks* wages and the doctor's account. Judgment for plaintiff £3, and costs £2 15s 6d. . ' HOSNE V. FOTHEKINGHAM. ". ""Claim, £3 7s 6d, dishonored cheque. Mr Dodd appeared for the plaintiff, and Mr Macdonald for the defendant. James Homo, sworn, deposed—Fotheringham is indebted to me for amount claimed. He gave me a cheque which was dishonored. I sold a truck to him for the money. f _ J. Fofcheringham, sworn, deposed— lam the defendant in this action. Mr Home came to me and wanted me to buy a truck. He said he wou*d sell it to me for £3 15s. -By Mr Dodd—l never took possession of the truck. I give him a post dated cheque, and I did not ask him to pay cash for the cheque. . His Worship said that tho whole thing hinged upon the giving of an order to take possession. James Home, deposed™ Fotheringham asked me to pay the cash for the cheque to the company, and ho would pay it a month afterwards. It was not actut My % post-dated cheque, but only held over. [ held it over for a full month. I r.Ji juito sure of it. By Mr Dodd—l paid the cheque over immediately to the company. His Worship said he would withhold bis decision till next Court day. Court adjourned.