RESIDENT MAGISTRATE'S COURT, HAMILTON.

Waikato Times, Volume XXX, Issue 2482, 7 June 1888, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON.

Yesterday.—(Before Captain Jackson, KM.) CRIMINAL. Hohaia Ngahiwi v. Houi Toixor.— This was a charge of assault preferred by the complainant against the defendant, who is m*>.rried to the former's granddaughter. All tiie parties live at Hulcauui.—Case adjourned to next Court day. Civil,. EnsKUUMBK v. H. \V. Moohk.—Claim, £0 Bs. Judgment reserved. J. Hill v. A. Johnston.—Claim £3 10s for horse service. Nonsuited, with costs £4 17s lid.

Same v. C. Johnston'.—Claim, £3 10s. Judgment f or plaintiff, with costs £3 -Is Gd. There were several other debt cases disposed of. McNicor, v. K. Whitaker.— This was an actiun brought by the plaintiff against the defendant, Mrs F. A. Whitaker. Claim £71 (is (id.—The plaintiff had issued the summons without legal assistance, and ha-! sued Mrs Whitaker personally instead of in her representative character as executrix. At too last R.M. Court, Mr Hay, who had in the meantime been retained by plaintiff, applied to amend by inserting the words " executrix of the will of F. A. Whitaker after the defendant's name, and quoted several authotities to show that amendments and alterations in the names of parties to a suit could bo made.—Mr A. H. Whitaker contended thai such an amendment as was proposed could not be made, as it was tantamount to substitution of a new defendant.—The R.M. deferred his ruling on the point for further consideration, and to day held that in his opinion the amendment could not be made. Mrs Whitaker was sued in her private character and would have the opportunity of setting off only private debts. Hlio had already given her evidence at Christohurch on tho case as it was, and it would not be proper to make tho amendment now, as she would neither have the opportunity' of setting off any matter available in her representative, or of giving it in evidence. Mr Hay ejected to take a non-suit, with a view to bringing the case properly before the Court on another occasion if his client wished it.