DISTRICT COURT, HAMILTON. Tuesday, May 13. (Before His Honor District Judge Macdonald.)

Waikato Times, Volume XIV, Issue 1231, 20 May 1880, Page 2

DISTRICT COURT, HAMILTON. Tuesday, May 13. (Before His Honor District Judge Macdonald.)

In Bankruptcy. In re Robert Salmon ; application for a final order of discharge. Mr O'JNTeill for bankrupt. Application granted.

Civil Case. Williams v. Swan ; claim £31 for rent clue upon a deed. Mr Hay appeared for the plaintiff, and Mr O'Neill for the defence. The defence entered a plea of never indebted. The plaintiff was put in the box, and deposed that he had rented a piece of land to the defendant (deed produced). No rent had been paid. There were five quarters owing", or £31. By Mr O'Neill : He considered that defendant got possession of the house on the Ist September, 1878, but he actually got into the house about February, 1 871), the previous tenant having left the January before. He and defendant were in partnership as blacksmiths at Hamilton and Piako, and dissolved on the Bth July, 1879. Mr O'Neill ; What were the terms of the dissolution ? Mr Hay objected, that the plaintiff had not received notice of the dissolution. | Mr O'Neill said he wished to show that I the matter had been squared up. Mr Hay said the plea was ' ' never indebted." How could the claim have been squared if the defendant never was indebted. His Honor upheld the objection and advised the counsel for the defence to amend his plea. Mr O'Neill asked for leave to amend the plea. Mr Hay objected on the ground that thfc counsel on the other side had had plenty of time to become acquainted with the whole facts of the case. Mr O'Neill said it was not until after he had entered his plea that he had been fully informed on the subject. It appeared that the amount owing to the plaintiff had been squared when the part- i nership accounts were settled. His Honor said the learned counsel had better amend his plea to that effect. Mr O'Neill said in that case he would apply for an adjournment. Mr Hay objected unless the money was paid into Court with the day's costs, to await the issue of the suit. His Honor granted the adjournment, on condition that the defendant paid the amount of the claim into Court, or found security for the same, and paid the costs of Court. Mr O'Neill agreed to this, and the case accordingly stands adjourned till next Court clay.