CIVIL SIDE.

Thames Star, Volume VIII, Issue 2959, 9 August 1878, Page 2

CIVIL SIDE.

Judgment Summons, snodgbass t. perenika te koka. Claim, £25 18s. Mr Macdonald for plaintiff; Mr Brassey for defendant. Pereniki Te Koka, sworn, deposed—l am the person against whom Snodgrass obtained a judgment. I have not paid [ him because he had £16 of mine in his possession. Snodgrass never asked me for the balance; he asked me for the whole—£2s 38s. I would pay him if he would allow the £16. By Mr Brassey—l have money to pay the defendant. His Worship made an order that the defendant pay the amount in full before the Bth of the next month, and informed the defendant that if Snodgrass did not pay the £16 he could sue him for it. HAWKES V. SMITH. Claim, £7 10s 9d. Mr Brassey, for plaintiff, said that defendant was willing to pay 4s per month, and was willing that an order be made. His Worship made an order for that amount.

LIPSEY V. H. H. TIZABD. Claim, £19 Os 6d. Mr Macdonald for plaintiff. E. F. Tizard (after geiting his expenses) deposed—That he had received a letter from his brother but Mr Brassey had it. Mr Brassey, on being asked, refused to give up the letter, and said he would recommend defendant neve? to pay a sixpence of the judgra >nt. His Worship made an order that the defendant pay the amount forthwith, failing, one month's imprisonment in Mount Eden.

Defended Cases, eobson v. pebeniki te koka.Claim, £50, promissory note. Mr Macdonald for plaintiff, and Mr Brassey for defendant. J. M. Robson, sworn, deposed—l am a storekeeper at Paeroa. The signature in this promissory note is defendant's. The promissory note is for £50, and I gave him £50 on it. I have not been paid. By Mr Brassey—My first payment to defendant and his brother, was some £7 3s 8d to release a mortgage held by Eihitoto and Nicholls on a piece of land. The money was not paid for land, but T was to get 10 per cent, for the loan of the money. I was recommended i to take the promissory note for security. At the time I took the promissory note for £50 I also took one for £40. I gave some of the money for land. His Worship decided that this was a case that would have to go to the Supreme Court. The Counsel concurred, but, on the application of Mr Brassey, His Worship took some of the evidence of the Natives. Pereniki Te Koka, sworn, deposed— The total amount I have received from Robson is £73- £63 and £10.

His Worship here said that he had no jurisdiction under the 11.M. Court Act, as he had to go into sums beyond his jurisdiction. He recommended the taking of the case to the .Supreme Court, and the suspension of the two other cases against Timotiu te Haita and against Fereniki and Te Hata until the Court delivered judgment. COI.DICUTT V. BEDDY. Claim, £5 Is, board. Mr Brassey for plaintiff, and Mr Macdonald for defendant. This c«se was adjourned from last court day lo procure some evidence concerning

dates, the defendant having pleaded the Statute of Limitations.

John G'oldicuU, sworn, deposed—l am a carer. I stai ted.building my house in the beginning of' 72, and shifted into it in the end of '72. Defendant did not board with me before I moved into the new house. He came to board with us in the beginning of '73.

By Mr Macdonnld—Defendant said he was working at the Nonpareil mine.

William Uo.ddy, sworn, deposed—l am the defendant. I was living with Coldicutt in April '72. His house was in an unfinished state. I recollect taking some jewellery—a pin and two rings--down to Mrs liao's for Mrs Coldicutt. Those are the only things I ever pawned. I did not take them out of pawn, and don't remember her telling me what the money was for. The things were not pawned in '73.

By Mr Macdonald I was working at the fitting- up of the Nonpareil winding engiiv, and left Coldicutt after the engine was fitted up. This newspaper dated '72 gives an account of the christening of the engine.

Martha Coldicutt, sworn, deposed—l am the wife of the plaintiff. I know Ueddy. He was living with us iv Baillie slreet, Shorlland. (Defendant further coroborated her husband's evidence.) Mr Brassey addressed the Court, but His Worship said he was not satisfied with the evidence, and would nonsuit the plaintiff with costs £2 Is. CAMPBELL V. THOENALLY. Claim, £38 11s lOd, professional services. Mr Macdonald for plaintiff, and Mr Dodd for defendant. Henry E. Campbell, sworn, deposed— lam a solicitor, practising at Thames. I know defendant. On the 16th of March last he retained me in an action against Binney, and afterwards against Brassey and several others. The charges are fair and reasonable. I have teeeived £19, and there is £38 11s lOd owing lo me. I retained some documents until the money was paid.

Mr Dodd cross-examined witness as to the particulars of the payments, &c. The Court adjourned till 2.15.