Magistrate's Court

Clutha Leader, Volume XXXI, Issue 1868, 6 December 1904, Page 4

Magistrate's Court

Mr J. McEnnis, S.M., presided at the Court here on Friday, when over a dozen eases were set down for hearing. With three exceptions, however, they were settled out of court, the summonses had not be ; >n served, or an adjournment was granted. C. J. Wood v. C. Hope.—Claim, £7 5/3, goods supplied.—Mr D. Stewart for plaintiff for whom judgment w tt s giv*n by default, with court costs 10/solicitor's fee 15/ C. Eobt. Gray v. A. Bain.—Claim, £24 2/-, on a judgment summons.—Mr Gngor for plaintiff.-Defendanl did not appear—Order made for payment to be made to the Clerk of the Court on or before December !) of £5, and thereafter £5 on the first of every month till the amount now owing (£l7 2/-) be paid; in default If days' imprisonment.

Archibald Farquhar (Purckireki) v. George R. Storey (trading as White and Co., Import and Export Merchants, Dunedin).-Claim, £ll J/3, wages earned and goods supplied—Mr Grigor for plaintiff, and Mr Stewart for defendant.—Mr Stewart raised as a preliminary point that the summons had not been properly served. He was quite willing the case should go on till a point was reached at which he might have to apply' for an adjournment,—The affidavit of the assistant bailiff in Dunedin, who had served the summons, was that he delivered the same personally to J. Monnie at an office in Princes Street,' outside of which was painted the sign "White and Co."—Mr Grigor admitted the service was informal, and suggested Mr Stewart accept service on behalf of his client,—To this Mr Stewart could not ugree, and Mr Grigor objecting to proceeding in the terms suggested, and pointing out that to partly hear the case and adjourn might involve complications through Mr Cruickshank probably being on the bench on the next occasion, the magistrate decided that he had no jurisdiction, and adjourned the case till next court day, January 25th.-

A case in which Annie Taylor (boardinghouse keeper), for whom Mr Steappeared, sued Fitzgerald Bros, for £fi 8/-, was adjourned till the Justices' Court on December 0. The defendants had paid the amount of the claim and costs, total £7 2/-, to the clerk of the court, under protest, and asked for an adjournment to enable them to be present and defend the action.