DISTRICT COURT.

Auckland Star, Volume III, Issue 813, 26 August 1872, Page 2

DISTRICT COURT.

THIS DAY

[Before Thomas Beckham, Esq., District Court Judge.} The usual fortnightly sitting of this Court was held to-day. The cause list was unusually long, but the majority of the cases were undefended. The following are those disposed of : — Judgments. The following judgments now delivered had been deferred from a previous sitting : J. S. Macffarlane v "William Meiklejohn, claim £50, services. Plaintiff nonsuited ; Charles Pry v John Donison, claim £26, damages. Judgment given for plaintiff for £13, costs £21 19s. Undefended, chas. moller v jeremiah ca.ey and OTHERS. A case was to be made out as between the plaintiff and defendants, but counsel not being able to agree as to the several bases for argument which should go before the superior court, his Honor said the original judgment must stand, which wont for the plaintiff. LEVI W. EATON V. WM. COLWELL. Claim, £37 16s sd, goods. Mr Thorne for the plaintiff. The defendant admitted the debt, judgment was accordingly given for plaintiff for amount claimed and costs. SAME V. WM. COLVILLE Claim, £33 16s sd, goods. Mr Thorne for plaintiff. Judgment for plaintiff for amount claimed, A HOUSE PACING CASE. " THE " FAWN" V. " SLIM JIM."— -D, WHITE V. T. ROGERS. A claim for £50. This case, briefly explained,. stands thus : —White, the owner of " Slim Jim," agrees to race the " Pawn," belonging to Mr McG-ee for £25* a-side, Pogers, the defendant, being stakeholder. The "Fawn" came in first, but the owner of " Slim Jim" claims the race upon the ground that the jockey of Fawn never went to scale, The defendant Pogers, who was the stakeholder says "I am ready to pay the stakes over if you will only say who is to receive them." Both, claim the money and neither gets it. The

race took place on the 16th May, on the Epsom race-course, the distance being one mile and a quarter. Mr James Russell with Mr Hesketh, for the plaintiff; Mr W. L. Rees and Mr J. B, Russell for the defendant. The following agreement put in shows the nature of the dispute —" Agreement entered into this 13th day of April, 1872, between David White, farmer, of the one part, and Owen McGee of the other part, farmer and sporting gentleman. Whereas this agreement witnesseth that the aforesaid David White does agree to race his bay £eldinS • Slim Jim ' U miles, carrying lOst. lib. versus Mr Fitzpatrick's bay pony 'Fawn, the said ' Fawn' to carry 9st. lib., tor the sum of £25 a-side ; to be run on the Epsom Race-course. £4 deposited, £8 10s on April 16th, and the balance to be paid from one week of the 16th. — (Signed) Owen Cueean McGeee, David White. Witness — Thomas Rogehs, Stakeholder and Judge." The defence was that no agreement was made for the horses to go to scale.