CIVIL SIDE.

Thames Star, Volume X, Issue 3142, 14 March 1879, Page 2

CIVIL SIDE.

FLEMING 7. EHEENFBIBD. Claim, £2 ss, rates.

His Worship gave judgment in this important case which had been previously heard. Judgment went for the defendant with costs, on the ground that not being owner or occupier his name should not have been inserted in the rate-book, notwithstanding that the same had been confirmed bj the Judge of the Assessment Court. Judgment Summons, thompson v. dix. Claim, £10 12s. James Thompson, sworn, deposed—l know the defendant against whom some time ago I recovered a judgment. During the hearing of the case he said there was £410s due him. He has been working constantly since the judgment, and could easily paid the debt. Order made that the defendant pay plaintiff forthwith, or undergo one month's imprisonment. Judgments fob Plaintiffs. In the following cases judgments were given for plaintiffs with costs :—A. Fleming (Borough Bate Collector) v. J. Maingay—Claim 10s, rates, and costa ss. Forgie v. Steward—Claim £6 4a lid, goods, and costs 18s. Defended Cases, haeeiid v. gash. Claim £9 19s 6d, firewood. £9 9« had been paid into Court. Mr Miller for defendant. Feter Harrild, sworn, deposed—l am master of a cutter in the firewood trade. On the 24th of February Gash came to me and asked me for firewood. I told him I would charge 9s per ton, if he took it to his yard and stacked it in one place. He said be would take it out and deliver it Jin different places, and I told

him it would be 9s 6d per ton. I sold some' of the same wood for 9s 6d to others.

By Mr Miller—We did not make an agreement that it would be 9s if he took the whole load.

William Ashby, a carter, living at Shortland, deposed that Mr Harrild had sold wood to him for 9s 6d.

Henry Gash, sworn, deposed—l purchased some wood from Harrild three weeks ago. He said he had 32 tons, and said I could have it. He subsequently said that 4 tons had been sold to Barty. He said if I took the load I would get it for 9s. I said I would take the load for that, but he sold all but 21 tons, which I got. Afterwards, when the wood was stacked, he said he wanted 9s 6d per ton for it. John Andrews, deposed—That he had bought some wood, and plaintiff came to fetch it away, saying that he had sold it to Gash for 9s 6d, but he would not give more than 9s for it, and he (Harrild) would have to take it away again. Judgment for plaintiff, for amount paid into court, plaintiff to pay the costs. Court adjourned till 2 o'clock.