S.M. COURT—THIS DAY.

Auckland Star, Volume XXXII, Issue 45, 22 February 1901, Page 8

S.M. COURT—THIS DAY.

Defended Cases.—Patrick Barry Cahill v. Patrick Comiskey, claim x i^, for trap and harness delivered to defendant. L'laintiff claimed tbat the property was sold to the defendant., whereas Ihe latter contended that the trap sent to him at Whakatane was not the one he had agreed to buy. His Worship after hearing- evidence gave judgment for plain riff for the sum of £9 with costs, £2 S/. On a counter claim for grazing fees defendant was non-suited. Annie Ahrenes v. Walter Kisby and Mrs Kisby, claim £5 8/. J[is Worship gave judgment for plaintiff for 9/ with costs, 1?./. Mr Heed (for Mr Devore) appeared for plaintiff and Mr Banme for the defence. At the Magistrate's Court this afternoon, Mr Brabant, S.M., ordered that the judgment entered yesterday in the case A. E. Clarke v. John JilcPherson, be set aside, on the grorind that the amount had been paid into Court on the 19th inst.

A creditor was refused an 'order on n judgment summons at the Magistrate's Court, to-day, on the ground that the debt was incurred since I ho ■Imprisonment for Debt Limitation Act, 1900, came into fo'ree. This was the first case, of its kind. Under the new Act imprisonment for debt is only ordered when fraud is alleged and proved, or when there is evidence, that defendant has means and refuses to pay.