RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 142, 27 October 1870, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before W. L. Simpson, Esq., 8..M.) Thursday, Oct. 20. Police v. Cooper. — Cooper was charged with having, on the afternoon of 18th current, cruelly beat and otherwise maltreat his horse at Wetherstones. The evidence was insufficient to prove the charge. Case dismissed. The Bench warned the accused. Tolcher v. Murray. — Claim, £28 10s., frr work done at Waitahuna bridge near Molyneux. Mr. Gooday for plaintiff; Mr. Copland for defendant. This matter was previously adjudicated upon. It appeared that some time ago the present defendant had summoned the present plaintiff for an amount of some £25, when the amount now sued for was pleaded as a set-off, and as that claim was for work done on behalf of the Waibahuna West Road Board, the Court held that the set-off was irregulars against Murray's private account, and verdict for the amount was given, and the amount was paid. The present action was brought against Murray in his private capacity, and after evidence led, the Court held that as the matter was already adjudicated upon, the present action was irregular. The plaintiff should have applied for a rehearing in the former case. Under the circumstances, the Court could not give a judgment, as it would be giving a second judgment on the same matter, which was irregular. The Bench would grant a non-suit, which was accepted by plaintiff. Costs of Court, expenses, and professional fee allowed. Fraser v. M'Rae.— Claim, £10, being damages occasioned by defendant's cows to the stacks of the plaintiff. Mr Gooday for plaintiff; Mr. M'Coy for defendant. Mr. M'Coy took exception to the bill of particulars. The plaintiff did not set forth what kind of cattle did the damage, nor the kiud of corn destroyed, nor the exact locality where the damage was done. Neither did the plaintiff set forth the day on which the damage was done, and he would, under these circumstances, ask for a non-suit. Mr. Gooday quo L ed some legal authority, shewing that it was not neessary in a matter of this kind to particularise the date. The Bench remarked that it would certainly be better if dates were given. It might materially effect the costs ; but, under the circumstances, the Court would not grant a non-suit. The evidence for the plaintiff went to show that three head of cattle, the property of the defendant, along with a cow, the property of another party, broke into the stjckyard of plaintiff, and drew from the stacks a number of sheaves, and trampled and otherwise destroyed them. That on one of the occasions the cows had entered his barn, and ate and otherwise destroyed a certain portion of thrashed oats which were heaped on the floor. The defence did not deny that the cattle were in the yard. Judgment for plaintiff for £6 and costs, and £1 Is. professional fee. M'Rae v. Fraser.— Claim, £23, for loss of time in driving and keeping away defendant's pigs whilst ploughing ; damages done to plaintiff's ground by said pigs ; and value of sods carried away by plaintiff to mend his fencp. Mr. M'Coy for plaintiff ; Mr. Gooday for defendrnt. The evidence for plaintiff went to showthat whilst his boys were ploughing, it took them one-half their time to keep defendant's pigs off the ploughed ground ; and that a strip of ground left unploughed for the purpose of erecting a fence was rendered useless for the purpose intended, by defendant's pigs, and that sods carried away by defendant were of the value set forth in the plaint. The evidence for the defence went to show that the damage alleged to have been done was so small as scarcely worth charging for, and that the sods said to have been carried away were for the purpose of repairing the dividing fence between the parties. Judgment for £4 and costs of Cburt, and £1 Is. , professional fee. M'Beath v. Ah Sung.— Mr. M'Coy applied for a fresh summons, as they were not able to serve the defendant. Granted. Harris v. M. Lyons. — Claim, £5 Us 6d. The defendant admitted the debt, but

pleaded inability to pay. The Bench suggebt«d that defendant should come to some arrangement with .J T r. Hurris, and pay the amount by weekly instalments. Judgment for amount claimed, with costs. Monday, Oct. 24. (Before the same Magistrate.) Lowe and Sons v. Clark. — Claim, £10 10s. No appearance. Struck out. Michael v. Johnson. — Claim, £5 103. "Withdrawn.