THE COURTS.

Press, Volume LIV, Issue 16310, 6 September 1918, Page 4

THE COURTS.

SUPREME COURT.

CIVIL SITTINGS.

(Before his Honour Mr Justice Herdman.) The civil sittings were resumed yesterday morning.

CLAIM FOR COMMISSION, Tho hearing was resumed of tho action in which William Allan Hopkins (Mr Hunter) claimed £490 18s 9d, commission, from Jesse James Hills (Mr Alpers, with him Mr Twyneham). At the previous day's hearing his Honour, on Mr Alpers'e motion, graxifeed a non-suit in respect of the portion of the claim arising out of the HillsBatty transaction. On resuming, Mr Hunter said that plaintiff had irstiucted him thit it was his vish not to proceed with tho other cause of action, tho reason given being illness in plaintiff's family, which had caused plaintiff a great deal of anxiety. This course was against counsel's inclination and advice, because he believed that in respect to the HillsHorwell transaction, the document in evidence, signed by Hills, was sufficient in law to constitute the appointment of Hopkins as Hills's agent. In viefr of his client'B instructions there was no other course open for him than to bccept a non suit on tho remaining cause of action. Mr Alpers, whilst sympathising with plaintiff, said that ho was unable to assent to counsel's proposition, and claimed judgment for defendant on the remaining cause of action. Defendant desired to have the opportunity of answering jilaintiff's suggestions and allegations respecting the relationship between himself and Neilsen. His Honour held that, under the rule, plaintiff had the right to discontinue. As the matter might oome before him at some later date, his Honour did not think it advisable for defendant's counsel to go into the matter of defendant's relationship wih Neilsen. His Honour recorded tho following decisions: On the second cause of action, plaintiff is non-suited becauso (a) uncertainty of authority signed by defendant ; and (b) that the contract contained a condition which had not been fulfilled: and for the reasons stated by me oraiiy yesterday. On the first cause of action, plaintiff elects to be nonsuited under rule 272. Non-suit will therefore be entered. Costs as per scale allowed to defendant, witnesses' expenses and disbursements to be settled by Registrar; second day certified for, £10 10s; second counsel certified for —first day £5 ss, second day £3 3s. IN DIVORCE. A sitting in divorce was held. John Carter, Christchurch, gardener (Mr Alners) sued for a dissolution of his marriage with Eliza Ann Carter. Harry Franklin, of Whatawhata, near Waih'i, dairy farmer (Mr Cassidy) was joined as co-respondent. Respondent did not appear, and did not enter any defence. Mr Alpers said that the grounds of the petition were adultery, which had been condoned, but was revived by respondent's subsequent desertion. Petitioner gave evident in support if his petition. Mr Alpers said that with the exception of the evidence of a witness, who was not well enough to attend Court, his case was concluded. It was arranged that the evidence of this witness should bo taken on Monday. Co-respordent gave evidence, in which he denied adultery with respondent, who was, witness stated, old enough to be his mother. The case was adjourned till Monday. MAGISTERIAL. (Before Mr S. E. McCarthy, S.M.) DRUNKENNESS. Edward Thomas Roberts was fined 10s, in default 24 hours' imprisonment, for a second offence. Amelia Jano Black 01 r Gee) was convicted and ordered "to come up for sentenco when called upon, for a breach of her prohibition order. THEFT. Charged with the theft of two pigeons, valued at £2, the property of P. H. "Wood, Edward Maurice Toon wns convicted and ordered to come up j for sentence when called upon. UNREGISTERED MIDWIFE. Janet Pcagram, on a charge of having practised as a midwife without being registered, was convicted and ordered to come up for sentence wlieDi called upon. CIVIL CASES. In each of the following cases judgment for the amount claimed, with costs, was entered for the plaintiff, by default: Christchurch Technical College Board v. William L. Butler, £20; T. Waddell, Sons and Co v Ltd. v. W. H. Edwards, £18 2s '3d; H. Yorke v. J. Burns, £2 t's; H. Pannell and Co. v. Isaiah Webb, £9 12s 9d; William E. Stevens v. Percy William Evans, los; A. H. Webb v. Lucas Bros., £11 13s.