CIVIL SIDE.

Thames Star, Volume VIII, Issue 2816, 22 February 1878, Page 2

CIVIL SIDE.

Judgments *oh Plaintiffs. In the following cases judgments were given for the plaintiffs with costs :—R. Turner v. MeCormick—Claim, £14 9s 6d, cash lent, and costs 19s. Me Williams v. Collins—Claim, £6, promissory note, and costs £2 3s. E. J. Brown r. ButlerClaim, £3 6s Id, goods, and costs 19s. Judgment Summonses, dowib y. dawbon. Claim, £5 7s lid. William Dawson, sworn, deposed—l am the person against whom Dower obtained a judgment some time ago. I have not paid any of it, because I have n6t been able. 'ByMrßrasiey—l have been working freighting timber for six months, and have had a third of the profits of the boat. She does not average £6 per month. Order made, that defendant pay 2s 6d per week, failing any one payment to undergo one month's imprisonment at Mount Eden. .

SUSAN CAMPBELL T. WILLETB. Claim, £4 3s Id. William Willets, sworn, deposed—l am the person against whom Mrs Campbell obtained a judgment. I have been unable to pay. lam a carter, and have constant work. I have a family of eight children to support, and have another judgment against me. Ordered to pay 2s 6d per month, fating any payment to undergo one month's imprisonment in Mount lsden. BAITS OF NBW SOUTH WALES T. I. BINNET. Claim, £52 17s 6d. Mr Macdonald appeared for the plain* tiff, and said that Mr Fryer had been subpoenaed in this case, but was not present. J. W. Poulgrain, a clerk in the effice of Messrs Macdonald and Miller, proved the service of the subposha. His Worship said be would order a summons to issue to Mr Fryer to show why he should not be fined for failing to ■attend in answer to the subpoena. Mr Macdonald then applied for an adjournment, which was granted.

WILKINSON V. BlNifEy. Claim, £30 7s 6d. Mr Brassey for the plaintiff. Edwin Binney, sworn, deposed—l recollect the case Gellion y. Wilkinson, and recollect saying that if it was not for the interference of these confounded lawyers I would have paid the judgment. At that time I had some shares. I had some Almas. I had 410ths of the Ural claim, which was sojd for £150 and VBO shares in the Prince Imperial.' They' are Worth 13s now. I sold one-tenth share previous to the sale of the claim to the Prince Imperial, and got #1$ from the remaining 3-lGths. The shares in the Prince Im-, penal were all mortgaged. I will pay Mr j Wilkinson $} per month. Ordered ]to pay 5s pfcjr week, faijing any payment to undergo one month's infr prisonjlnent at Mount Eoety. " " ariJNT y. #A»p6piiT, Claim, £45 G» 6d> acceunt stated. Mr Brassey appeared for the defendant, and Mr Dodd for the plaintiff. Mr Brassey raised the objection that flic particulars were insufficiently stated. His client JemJu !i l! fc « accouut had been rendered at all. Mr Dodd applied for an adjournment, which was granted on the payment of £111s costs. - • < • • •'":-: '

I. TUiNEB V. AUSTIN. Claim, £10 11s lid, work and labor. Mr Brassey for the plaintiff, and Mr Macdonald for (he defendant. John Turner, sworn, deposed—Austin owes me the amount claimed for work and labor. Some weeks ago Aim tin and I bad a conversation about the debt. He gave me an order for £5, which was dishonored. I returned it. Peter Austin, sworn, deposed—l am a settler at Ohinemuri, and recently kept a hotel and store at Preroa. The plain- j tiff traded with me, and became indebted in a considerable sum. In order to work | off the debt I employed Turner. He j paid it off, and I became indebted to him. { On the 12th January last wo had a settle-! ment. It took place at my house. We j went into the question of accounts, and i arrived at a balance. I owed him £2 4s 7|d. I made that memorandum (pro- i duced), and he was quite satisfied that the accounts were correct. I gave him an order for £5, but part of it was to be repaid me. He brought back the order. By Mr Brassey—Our account was kept in two books. I only owe him £2 4s 7&. After the settlement he wrote me an important letter, and I wrote offering him a little more money than wo agreed on. The plaintiff went back on an old account.

His Worship nonsuited the plaintiff, without costs. WALT/US V. BITSOV. Claim, £8, wages. Thomas Wallers, sworn, deposed—l was working for Bryson during the time I claim for. I was working al Coromandel when Bryson engaged me to work for £3 per week. I worked for him for a month and nerer got paid for it, except 10s for a pair of boots. Robert Biyson, sworn, deposed—l met plaintiff at Whangapoa, and he went up to Ohinemuri with me. I did not engage him. He worked for me one week, and I agreed to pay him 30s per week and find him. He said it was too little. He went to work for Qual and Gleeson for two days, and got the sack for being drunk.

William Gardner, sworn, deposed—l recollect the opening of the Ohinemuri goldfield. Walters worked for Bryaon for four or five days, and when he left I heard him say be could do better than work for 30s per week. Judgment for defendant—costs £2 ss. BOBBKTT T. CXICK. In this case Mr Maedonald said that the defendant had come down this morning and paid the amount of the claim, but not having paid it the day before the hearing, he should have paid the lawyer's fee. Mr Bobbett bad come down to attend the case, but he was not present, I snd he asked to prove the defendant confessing the debt through the Clerk of the Court, and get costs. Mr Stoney deposed that defendant had paid in the amount of the claim, but did not pay the costs. : His Worship said he could no»*give judgment unless the plaintiff prored the case, but in future he wished it be kaowu that when the amount of claim was paid' into Court all the tf-es allowed by the rules would have to be paid also. . Court adjourned tilt 2.30 ' :

On resuming at 2 o'clock, th« following business was transacted:— ELLIN KAKM V. H. FJKCX. Claim, £1910?, breach of contract. Mr Brassey for the plaintiff; Mr Maodonald for the defendant

Henry Peck, sworn,-deposed^Oti'the" 17th December I ,w»s proprietor of the liquor booth at Tarara. Imw Mn MeConnell that day, and she asked me if I had anything to sell at Tararo, bat I told her I had nothing to tell. I did not sell Mits Kane the booth near the sea for £10, nor did I tell it to Mrs McConnell on the 26th December. I was not at Turara on the 28th, bbt was on the 27th. I % did not see her out there, but standing at her door in the evening. She blamed Bennett for letting " old Mother MeConnel" hare the booth she had bought. She did not blame me. I sold half of my booth to Miss Kan?, which I had pur* chased from Mr Bennett. I had other interests in the gardens also acquired from Bennett, alt of which I parted with except the liquo* booth. _ I did not know which end of the long building was the long booth. By Mr Brassey—Mr Leydon acted for me in the sale of the booth. Just before the auction I sold the booth to Miss Kane and told Mr Leydon of it. Mr Brassey tendered two receipts in evidence, one being for 10s, and was unstamped, and the other for £9 10s, which was duly stamped. His Worship ruled that the first reeiept was an agreement, and the second a simple receipt. ... Mary McConnell, sworn, deposed—l recollect the"l7th of December, last year. I saw Mr Leydon in the morning with reference to the purchase of > the liquor booth which I bought 1 from him for £8 10s. Leydon said he was selling for Bennett, and I was to hate the end hear the baach, and I had it. I sold tea and coffee in the booth; John Leydon, sworn,* deposed—l saw Mr Peck the day before* the auction of the booths at Taram,.and he asked me to ! sell Mr Bennett's part of the shed. I sold it tQ Mrs McConnell. I cannot say that I told Mrs McConnell that she qoufd { hare the end nearest the sea. Ellen Kane, sworn, deposed—l recollect purchasing a booth from Mr Peck at Tarara on the 19th Dec. last. He told me it was to be the booth next the sea. On the 36th Dee. I 'found Mrs. Mc,pon nell had my booth, and told her I would go and tell Bennett. Going home I saw Peck, and he said it had been arranged between him and Bennett. I hare never got back any of the money I paid to Peck.- . By Mr Macdonald—l am a single woman. I did intend to get permission to sell liquors. Mr'M«odonajd addressed the Court, and Mr Brassey replied; v! ll" Plaintiff non-suited without costs. Court adjourned.