RESIDENT MAGISTRATE'S COURT, TOKOMAIRIRO.

Bruce Herald, Volume II, Issue 46, 23 February 1865, Page 9

RESIDENT MAGISTRATE'S COURT, TOKOMAIRIRO.

Friday, February 17. (Before John Dewe, Esq., R.M.) Joseph Martin v. Noble and Pearson. —An action to recover L 6, the value of a calf alleged to have been chased and run down by defendants, from which and other injuries it was alleged that it had died. Mr Pirn for plaintiff. Joseph. Martin, examined — I had a black and white cow running towards Akatore. I asked several persons to bring her in. I offered Noble -and Pearson Ll to bring her in. She had calved about January. I never authorised any one to brand or cut the calf. Noble told me he had caught the calf with dogs, cut. it and ear-marked it. The cow has since been brought in without a calf, and dry. It was brought in last Saturday. Cross-examined by Mr Noble— l never asked or applied to you for payment of the L 6 claimed. 1 have not seen the calf since, the cow is dry. 1 only suppose the calf is dead. I have not seen its carcase dead, and I have not made any search. Hugh M'Kechnie examined — I brought in a black and white cow on Saturday last. She was dry. John Noble told me he and Pearson had caught a calf with a dog. cut it, and ear-marked it. 1 found the cow in M Master's Flat. It is a dangerous thing after running a calf to cut it. Henry Pirn, examined — 1 was in John Martin's stockyard on Saturday last, and saw the cow there. Joseph Martin asked me to collect the value of the calf from defendants. I have not sent them a bill or made any application for payment. I issued the summons at once. I consider it was not necessary to ask for payment. John Noble, examined — I am one of the defendants. Piuintiff asked me to bring in a cow and calf, We found her, aud chased her for about three miles. We caught the calf in a gully, tied it and left it for half an hour, then cut and earmarked it. The calf was about six months old. We could not get the cow in. I told Mr Martin what we had done, and he thanked me. John Pearson, examined — Plaintiff asked me to bring in a cow and calf. We found .the cow, and tried to run her in. She was wild and dangerous and rushed us several times. We set dogs on the calf ; they caught it by the ears, it Lad two or three scratches. I don't believe the calf is dead. His Worship remarked that the evidence before him was that several parties had been asked to bring in this cow and calf. The defendants found the cow and chased her for some distance, but were unable to bring her in. They caught the calf in a gully, by setting dogs on it, they tied, cut, and ear-marked the calf, and when they next met the plaintiff, informed him, and he thanked them. The cow is lately brought in without a calf, and dried. There is no evinence ■whatever that the calf is dead through having been driven or otherwise, and there has been no demand for any compensation until the summons is issued. Case therefore dismissed with costs. Carter v. Bawson. — Ll7 Is (Jd, dishonored bill. Settled out of Court. . Ford v. Margrie L 4 10s, money ral and received. Settled out of Court. Deacon v. Lciiior*— Llo, -work done. Judgment by default.:-;.. ' Tomlinson v. Morgan. ->-LlO 15s t goods .sold and delivered. Judgment by default. Dyer aud another v. Barker.— Not served. Tuesday, February 21s l . Tomlinson v. Morgan. — (New t.ial.) — Claim for vaiue of ale deli\ efed; Defendant pleaded "that the ale was sour and unfit for use. Judgment for amount clamed, as ale had not been returned, or. no.i ce of the condition given t > plain-

Margrie v. Morgan. — L 5, money lent. Settled put -o$ Court. Campbell v. London. — Lli Timber cut for plaintiff. Judgment by default.