RESIDENT MAGISTRATE'S COURT.— Friday.

Auckland Star, Volume V, Issue 1249, 6 February 1874, Page 2

RESIDENT MAGISTRATE'S COURT.— Friday.

(Before T. Beckham, Esq., R.M.) JUDGMENT FOR PLAINTIFF." " Walsh v. Smith, £1, wages. DEFENDED. Cutler v. Eaton, £1.

Mr Thorne appeared for the defendant, and Mr Joy for the plaintiff. j.

In this case the defendant had impounded a cow belonging to plaintiff, and plaintiff now sued for damages.

Mr Thorne justified the impounding of the animal. ■ ■ ■ . . .

Mr Joy in opening the case said that it appeared, to him the case hinged upon a point of law. The new Zealand code was at variance with the English law on the point he referred to. ! By the latter the owner of land could not recover damages for trespass or impound in a case where the cattle of another broke into crops, &c., which were unfended. In' New Zealand, on thecbhtrary, cattle could be impounded inj all;cases when the land was under cultivation. The position taken by his client in this case was that the ground was not under cultivation, and never had been. [ >'.- . This was accepted ..as. the determining point of the case* and three witnesses having deposed to the,factf of the land being uncultivated^, , , -" Judgment was given for the plaintiff for 2s 6d damages, and costs £4. GILBERT V. MAZZOLENI. £1 10s—Services. - l OJ A ... , Mr Joy appeared for the defendant; plaintiff was not represented' by counsel. This was: an action to recover the sum stajtedydue for professional services by the defenda^t.to the plaintiff, who isa violinist. , It appeared from the statement of the case that the defendant gave a ball at' the C!ity Hall on the 29 th ultimo; The affair .was not a success, since only two persons bought tickets.' Meantime the musicians; of which plaintiff was one, were in 'their places and; played their best from half-past eight till ten o'clocky but with no effect in bringing dancers to their pipirig.' A "pttle after ten "defendant went to theiri and told them he did not think: it was any good keeping the hall open any, longer—they had better, "jack up." Now defendant swore I that •he y had told plaintiff not to go.: Plaintiff on the contrary swore that he went away at defendant's!bidding, and was- not told to- stay.- Two witnesses supported plaintiff's verson of the matter, arid three, one of whom was very foggy in his recollection, supported the story of the defendant.

At. the conclusion'Tof the evidence. Hi» Worship gave judgment for .ht plaintif,

another case.—bowbiko -vCr~"^ Claim £1. MAZzoi I}t , The plaintiff in this case was' Ifis4l : ; at the same ball. *c P*dn j The result was in accordance witK «. lit previous verdict. . ~..:,;,, I CALEY V. MOYLE. £1 ls6d, 1.0. U. The plaintiff was represented CZ \ Thorne, his solicitor, and his case smmL P by Mr Joy,, . ~,- SPwteJ j Defendant conducted his own case The 1.0. U. it seems was given "ag .v. balance of account between' the ', partly* 0 ! the sale of a horse, about which precee_J had already been taken in Court, y:^' 1 Defendant pleaded a set-off of £p in owing to him by plaintiff. .^ Mr Thorne, in giving his evidence ■'<_.•> that he had written to defendant a k^} 1 letter demanding payment of the/Jmr 8 f Defendant came to his office and was v * abusive, so much so in fact that he (witrieS. lost his.temper, and some very hot laiienal passejd between them; Defendant on tit * occasion after promising to pay the I Or. 't' refused to do so unless witness first paid Mm ! £1 10s, due to him by Caley: a -'Defendant in'very excited language tried '■ to substantiate the set off of £1 10s. '■ _■- . His Worship said that the I.O.XF.nj^ be taken as presumptive evidence o{ ft, • state of accounts between defendant aM : plaintiff up to that date. He should return judgment for the plaintiff with costs. This was all the business. * —- ' :,:' :i-?'^ 77 r