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Auckland Star, Volume XXV, Issue 244, 12 October 1894, Page 5

Ab tbe Court House, Helenßville, yesterday, before Mr Bush, S.M., the ia-portanb, case of Coombs v. Stewart was heard/ Mr Jackson Palmer appearing for plaintiff, a-nd Mr Cotter for defendant. Daniel Stewart, a storekeeper, of Helensville, was summonsed for £100, ib being alleged chab defondanb had cub and taken away the timber of plaintiffs land. Mr Cotter submitted that the plaintiff could not recover without being called as a wibnesa, also that, a local title would have to be proved. The bench cailed on Mr Palmer to rep_y. as the Magistrate felt inclined to agree with Mr Cotter. Mr Palmer quoted many authorities to show the views held by tbe bench and Mr Cotter were nob smnd. The Magistrate did nob rule on bhe points, bub asked Mr Palmer bo apply for a nonauit because tho "Court did not think the plaintiff- ca«e was proved. Thia Mr Palmer refused to do, submittine thab if the Courb wished to do so ib could non- • sulfa him, bob that he would nob himself apply for a non-suit as he bad fully proved | hia case, The Court then non-suited, and,! Mr Palmer gave notice of appeal. i