CIVIL SIDE.

Thames Star, Volume IX, Issue 3043, 15 November 1878, Page 2

CIVIL SIDE.

Judgments j?ok Plaintiffs.

In the following cases judgment was given for the plaintiffs with costs:—B. Hethtrington and Co. V. Cartman—Claim, £10-12* IS; goods supplied, costs £2 14s. W. Wilson and Co. v. McKenzie—Claim, £2 7a 6d, goods, and costs 19s. Same v. George Glasgow—Claim, £2 12s 6d, balance of account, and costs 21s.

DxFBNDXD CIBSS.

ODLUM V. MCKINNOK AND BBTHI7NX.

Claim, £50, damage through cattle trespass. Mr Miller for plaintiff, and Mr Brassey for defendant!. All witnesses were ordered oat of Court at the request of Mr Brassey. William Odium, sworn, deposed—l know the defendants. I reside on the Onetai block on tho road to Hikutaia. I hare 100 acres in the Whangamata and 100 acres in the Omaha blocks. The defendants' cattle hare been wandering on my land. Whangamata is leasehold and j Omahu freehold. I have had the land at ; Whangamata for two years, and hare been in possession of it all that time and cultivating it. I hare had the Omahu land for six months. The defendants lire near my Whangamata property, and hart been liring there about two years. They own cattle, which are all branded with "AX." These cattle have been regularly on my land for the past two years. There are 50 acres laid down in grais. For the last month they have been there erery morning. I remember a person named McCleiry about a fortnight ago telling me that some cattle, were on the ground, and I went and drore them off. There were about 20 head belonging to the defendants. Defendants'pigs were there also continually. I do not let my own cattle on the grass, as I wish to keep it for seed. I have often told the defendants about the pigs, but they refused to take them off, and abused me. They said it was Maori land and they had as much right as me to let their cattle run there. Once one of the defendants tried to buy me out, and when he couldn't do that, he said he would " eat" me out with his cattle. Bethune told me i they had fifty pigs. I,think the damage i done is over £50, but that is all I claim. '

By Mr Braasey—The whole of the grass is eaten up, except some here and there. (Plaintiff produced a fine sample of rye grass from the field.) The land is not all fenced in. I nerer spoke to defendants about allowing their cattle to run with mine. I would not allow anyone else's cattle to ran on the (round; . Some of my cattle hare been there sometimes. I have two horses, and they have been there sometimes. When my cattle went there they strayed there. James Bedford, sworn, deposed—l am working for M? Odium. He has a number of acres in grass. I have frequently driven off the defendants' cattle and pigs* They hare eaten the grass off. Sometimes one or two head of Odlum'a.oattfe get on the land, but not often., Qa.ce I went from Mr ! Odium asking the defendants to keep their, cattle off, but they said they had kept them off last year, but they would not do it this time. Once | took, a, letter, wd

Bethune laughed, and laid that Odlam would hare to feed his (Betliune's) cattle. McKinnon said if this case came to law I had better get out of it, at he would not like to see a young fellow-get into trouble. By Mr Brassey—l have been with plaintiff for fife weeks, and when I went there most of the grass was eaten off. (Witness was examined at length as to plaintiff's own cattle being on the land.) George E. Wyatt, sworn, deposed—l know the plaintiff and the defendant McKinnon. I know plaintiff's .greas paddock. About twelve months ago I counted 23 head of defendants' cattle and pigs on the land. Odium "poke to the. defendants about moving the oattls, and they answered him rery unpleasantly. | Plaintiff spoke civilly. John Head, aworn, deposed—l purchased the land in question for Mr Odium, and it is in his possession. I * I never gave the defendants permission to run cattle.on the land. -,■■■. . . Esau Walters, sworn, deposed—l was at Odium's about the end of lasC month. I was at his grass paddock at Omaha, and saw a number of cattle there. I told ' Odium of it, and he sent a boy to drive them off. Bye grass is worth 10s per ' bushel, and it sometimes goes SOfrttfftnls to the acre. Nr r' David McCleary gave corroborative evidence.. Alexander McKinnon, one of the defendants, sworn, deposed—Oar cattle hare frequently trespassed on the plain* tiff's land, but I have seen several other brands besides ours, amongst, them Mr Odium's. I have seen three horses of Odium's there. Some four moitti tfctf' r Odium came to us and made an understanding with us about letting oaroattle. run with his. I consider no damSge was done. Odium is the largest sinner of the lot. By Mr Miller—l received a notioe from plaintiff asking me to remove some settle of ours which he had impounded in his stockyard, but I did not go to remove them. ." . . Alexander. Bethune, sworn, gave corroborative evidence. - Judgment for plaintiff; £10, and eoste £11. W. BOSH V. HOVX HtUTAJU. Claim, £5 ss, board and lodging., ' . [This case had been adjourned from last Court day for the production of farther evidence.] •''' : Mr Dodd for plaintiff. Mr A. Puckey was sworn to ; act as, . interepreter. William Southgate, sworn, 'deposed--In my presence, when Rose asked defendant for some meney he owed him, defendant faid, " Taihoa, you J see Mr Mackay; he pay." This was at Bsjs»Jt« corner at the last Lands* Court. By defendant: I know Bqse was speaking to you. /. Sarah Powell, sworn, deposed—l an the daughter of plaintiff. Defendant owes, my father £6 ss. I have frequently heard defendant promise to pay plaintiff that amount—the but time in the.Coaek and Horses Hotel.

By defendant—l never saw you pay , Bose any money. „. ... Wilfem Koto; •worn, deposed—l never received"the payment of any portion- of the debt. By defendant—You never girt.oe ft oheque. , . . . Defendant »id he had given plaintiff '' Mr Leydon's. cheque. Judgment for plaintiff' for aatowift'elaimed and costs £3 4f. '.^ ,'' h ./_" / Application foe Bi-Hiiuiro. ' ir i . tIT^BH y^BVlloeX AHD AX.UUT. ft--H&r thts-cue, -irnich wn he«rd lael Court day, and in. whioh the defendants obtained a judgment; Mr Dodd, on behalf of the plaintiff, applied for a re T heanaf, He' produced sereral affidaTits to pt&ni that the principal witness, for the defendants had sworn what was not true.

. His Worship said before next Court day he would order defendants to show cause why. a new trial .should not be granted. - - -

Judgment StTMHowsM. : ' w. d. ebbd v. a. p. Down, Claim, £9 16s sd. -• -

Defendant did not appear. The plaintiff said defendant had hot. seen him or written to ium since.last Court, day when the case had beeit adjourned at defendant's request. / .. A V Order of immediate payment made.

: bbassst v. a. v. Down. Claim, £9 19s 6d. Mo appearance of defendant. Mr Brassey said he was oredibly in* formed that a short time ago defendant had sold his two boats for £190; „ -. .. Order made for immediate payment. ; Court adjourned. ■