RESIDENT MAGISTRATE'S COURT, ALEXANDRA.

Waikato Times, Volume XXV, Issue 2088, 24 November 1885, Page 2

RESIDENT MAGISTRATE'S COURT, ALEXANDRA.

Fninu.— Befoie Mr H. W. Xortbcroft, K.M., and Mr <i. T. Wilkinson, J.P. ]Ji,KtLS v W. Hichfs, debt, £18 12s 7d. Mi T. (Jiesham appealed foi plaintiff, and Mr W. M. Hay for defen lant. The caso had been adjourned and ro-adjomncd for particul irs of account in full. Mr Hay said he h.ul the s.unp objection to the bill of particulars as furnished. Theio wan t-till the item " to account icndcrod " not shewn 01 accounted for. It had been merely stiuclc out or abandoned. The l.iw <>npiessly states tlnit all accounts between parties in a coiutof law should be proved. — Mi (Jresham said the account could not be uioie fully be made out as the books ipfeinng to the ittnis amounting to only 'Is weio lost. He wished the court to take Mr Duffus's evidenco from the couit IxkiUh. The defendant on the first lie<ui»g h.id entirely icpudiated the whole account, absolutely denying he had cvei had any dealings with Mr DufFus, and the case had only been adjourned to obtain further evidence, that of the assistant, to show that the poods had been received. That evidence was now available, and he wished that it illicit bo heard. —Mr Hay objected to the evidence being takoii. Ho had a perfect i it'lt t to demand that every item sued foi should be shown between the parents.— Mi (iiesham contended that a-, no objection had been made until Mi May became conn«el for the defendant that the evidence should be taken. —The couit uphold Mr Hay's objection. It was MccotHaiyth.it proof of eu-iy item should be shewn. The_y would grant a non-suit if Mr (irpsham liked. Non suited acc(>rdingly with defendant, costs for the day £3 Us. [The costs altogether must amount to n large sum, and the result of the case caused no little mil prise heie, as shewing the glorious uncertainty of the law.] Omvkh v. Cob —Debt £2 12s ."Hd. In appenrance of defendant, Mr W. Oliver having pioved the amount due, judgment was giveh for plaintiff with costs 17s. — (Own Correspondent, Nov. 21st.)

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