RESIDENT MAGISTRATE'S COURT. HAMILTON, TUESDAY, JUNE 22. (Before W. N. Searancke, Esq., R M.) CIVIL CASES.

Waikato Times, Volume VIII, Issue 483, 24 June 1875, Page 2

RESIDENT MAGISTRATE'S COURT. HAMILTON, TUESDAY, JUNE 22. (Before W. N. Searancke, Esq., R M.) CIVIL CASES.

P. WHITAKRR Y. DR. BEALE. A claim, £4 lls lid for professional costs. The plaintiff had paid the amount claimed into Court, but with insufficient costs, owing to an error. Mr Ha} r appeared tor plaintiff. Judgment for the balance of costs, £1 10a 6d.

M. HAY Y. W. MARSHALL. Claim, £19 19s Bel for professional services rendered. Mr Whitaker for plaintiff; Mr Madden for defendant. Mr Madden objected to the case proceeding on the ground that the summons had been informally issued. The objection was over-ruled. Macgreggor Hay deposed that the defendant owed Mm the amount claimed. On May 21st, defendant came to the office and asked for his account, which the clerk made out. Defendant looked over the account, and struck out £2 for fees previously paid, reducing the amount to £17 19s Bd. He then promised to pay the amount in the following week, but failed to do so. He* (plaintiff) saw that other persons were suficmoning Mr Marshall, and followed thei^e>ftn3K?, M^l^c^h eros^e3lftmt|pliGiie plaintiff on the items oKthe asct>untN T Mr Whitaker objected to the line of cross-exam-ination, and after some argument,' the plaintiff called Thomas Henry Smithe, clerk to Mr Hay, who deposed that on May 21st he made out Mr Marshall's account, and it was li.inded to defendant, who looked through the items, and having made an alteration was perfectly satisfied, and promised to pay the bill in the following week. Mr Hay asked defendant for a post-dated cheque, but he declined to give one, on the ground that he did not know the state of h^s tWik accoup% Thi£wVi&e pKlijnlWWi^. Mr Anuuleh-ftpplißcl Tbr a nflfr-suit on the ground that the summons was illegally issue.d, having been taken out within less than one month of the account being rendered. His Worship reserved his decision until next | sitting. This concluded the business. ,