HAMILTON, R. M. COURT. Tuesday, August 24. (Before R. N Searancke, Esq , R. M ) Civil Side.

Waikato Times, Volume IX, Issue 510, 26 August 1875, Page 2

HAMILTON, R. M. COURT. Tuesday, August 24. (Before R. N Sea rancke, Esq , R. M ) Civil Side.

Burke v Luckman. Claim £3 Is 6d for board, 10-d^inj?, and stabling. Mr Macgregor Hay for plaintiff. No appearance of defendant, und judgment for p'aiulifffor full amount and costs. W. n. Butler v R. W. Hammond, claim £5 4i 3d, for painting &c. Mr Madden for plaintiff, Mi* Haj for defendant. In the course of plaintiff's elimination it transpired that there existed a contract in some way conned ea with the subject matter of the action, of whioh no' notice was taken in the plaintiff's particulars. Mr Hay then applied that the plaintiff be uon •suited, on tin* pround ili*tt a full and explicit statement of the plaintiff's deinund was not before the Court' as required by the 3lst cl'iute of the Resident Magistratu'6 Act, 1867. Mr Madden argued that the account sued for vas separata from the contract. Mr ITay huving rpplied, the Court said there wa3 no doubt whatever that the e?idenco had disclosed not only a contract in Borne way oonnoctf d with the action, but also two payments which had not ben\ mentioned in the particulars, It therefore nppoured that the clause relied on by defendaat's Counsel had uot been complied with, and the case could not proceed. Iv all cases, (lie Court would insist on full particulars. Mr Maddea accepted ft non-suit, but said ho would appeal. Mr Hay said Mr M idden haring elected to takea non-»uit could not appeal. Non-suit with costs, £4 11s. Two other c&sea eet down for hearing we:© •truck off list. The Court then adjourned.