DISTRICT COURT.—This Day.

Thames Star, Volume XII, Issue 3883, 9 June 1881, Page 3

DISTRICT COURT.—This Day.

. ; .^-r . (BeforeJiKJg* Macdonald.) ,C*- s-: -' "- *SS tStOUAS HBAXY. Mr Miiler, who appeared for Healj, applied for an order annulling the adjndi* oation of his client'a bankraptt. "Mr'Brauey appeared for the opposing , creditors.. , -. -Mr Miller contended that the Registrar ."* |n. Banl^rnptej had no power on the papers Sesented to adjudicate Healy a bankrupt, c quoted - authorities in proof of his oootention. .-, Mr Brattey contended that Mr AHom had power to do what he had done under the Act, and expressed an opinion that - HiaHonorhad-not the power to cancel. th» drier without the consent of both - jstrtfcs. { -' " His ; Hondr made an order annulling the order made by Mr Allom. He refuwdtdgire costs. i t J ; 2UVBT V. EUU. ■ Mr Coil'for defendant applied for a • re»hearinc in this case. Mr MUler for plaintiff agreed on the ibOeVng terms—That all coats op to date > be ftiud, and seonrity given for any fntnre %iißMflit Mid eostt; this to be done before Jooe 28rd. CASIY V. ALLEY. I Claita, £40, value of a horse. ... MrlMiUer for plaintiff, Mr Brassey for . defendant, v v! ,"\, , , - i -. - Mattrice Casey, aiwprn, deposed—l am plaintiff in this case and know defendant I had a mare injured in September last. I .aaw.A3l«/-aad.:iolA]»m I wanted to \ aend it omi. to- hia place for * couple of 'lnonAt. He said, " AHrisht; tend her - ' lOHiiUwtti't plenty of-room." Tasked bis "*■:.tenor; < h»\ said, "Three shillings per week."': 1' sett <mt the mare, and' banded '■. it ow to one of Mr Alley> sons. • About a month afterwards I saw the ware in ' AlhyjrVpttdctoek. 'She was much improved but not WjejH enough to bring her borne. Three: weeks after she was further improved. I rabsecraently beard in a round* abrtit way that the mare iras dead, and on going out to Alley> saw her floating «1> the river. I went round the paddock and saw no water except the rirer. Ihe mlf -itaterine: <- -place war where - the Bare was drowned." The mare was a draught after*.' ' I -examined (be place where *h© di«d. Mr Alley told me the wa* bogged and'died before they , e«iM gather out. He told me that two 1 ot|«r ? fiorl(tß had been bogged there. . ._ I askeii him who, should be at the loss of ' if^ai&satd,' "If yon can show me any .wittering place in the paddoek'*rbere a -i tate.coifjd drink wifrh safety, I will bear . „ th*wnele lot*." ■ The watering place,was : ,i©iifc*j<or nine ieet wide, and there was ecvtanlyridur or five feet of mud. It is BOt a aafir'plaee forjininials Jo drink. It Might be safe at the top of high water, - ■■cause then the mud was covered. I for the mare at Buekland's sale yard. I have refused £40 for her before tfce titot with the accident to her foot. By Mr 3rassey—l paid Mr Alley 5s i;^er week 'for the paddock. Up to a day or two before the accident, the mare was fjarj^aavob improved, and I have no ;&aupicmi that the mare was not looked " John Jenkins, who accompanied Casey, Jo Ailey'Sjpaddook after the drowning of the marc, gave corroborative evidence. He; disV sot consider the watering place a cafe place for a horse. .. W. H. Cra^g, and Bobeit ICelly, also > gun corroborative testimony. The last witeeat had had horses stuck in the creek : mjufc not in the paddock referred to. Bdward JohMt who had taken the mare t? - the paddock» deposed that the mare waa not permanently injured. She only wasiteireat - 'Patrick Nolan, who had seen the horse .. jwtt alter -the accident, gave similar ctideooe. 'The va!ue of the mare a fter the iwjury was about' £90. He had had 30 years experience' in 5 the" management of honct. ' - H. Aller, sworn, deposed—l am defendant itf mis action. I know the borse left in my paddock, by Caßey! I had a " wWerplace made on the bank of the tiver. It was perfectly safe, there being very ,Jittte t mad on the banks.. My son came anl told me that Qasey's mare was stuck, and in the mad. I struck her and she walked fata fja» river, j She. then went up and lav down in a hole, making no subsequent ems* to fill lag under her. I got acme maaaika cut and put it under her. - 2 -the* got assistance* and we started palling her out* She died before we got her onto' TBere was- no water orer her fowqaartcri at all. ~" She could not posaibly have been drowned. I believe the mare had been injured internally. She was three-quarters of an hour in the creek before she died. By Mr Miller—The bottom of the creek it solid. • There is two feet of mud on the bottom. ? •< After hearing the evidence of several ef the men employed in the endeavor to extricate the hone, His Honor adjourned ' the ease for an hoar. On retiming— , „ ■■ Thomas liinchin, schoolmaster at RSkHtaia, deposed—l saw the mare, the cnVject of this action, in Mr AUey's wddock. She was a total wreck, and I piifi aiot have given a £1 note for her. ;;,.T>Smas. Pann. ybo described himself it si inner experienced in horse flesh, said he saw .the mare being taken to Alley's paddock. She looked Jike a horse being ts*m*d <*ut to die. He would give nothing for her. After hearing counsel, His Honor non- , «nitea plaintiff, with costs £9 3s. The n«rt aaae called waa the celebrated Cup case, bat the lateness ef the hour prlvents us reporting the proceedings in . tm issue.