LAW REPORTS.

Dominion, Volume 4, Issue 1185, 21 July 1911, Page 3

LAW REPORTS.

MAGISTRATE'S COURT. (Before Dr. A. M'Arthur, S.M.) CIVIL BUSINESS. Reserved judgment was delivered in tho case- in which F. J. Shelton, importer, of Wellington, sued Henry Bodley, i-cttler, of Tohui, to recover tho sum of <C3l Gs., alleged to be tine for work done, and goods supplied, in connection with the installation of an acetylene gas producer. In delivering decision, his Worship remarked that defendant's own evidence and correspondence nroduccd on his behalf, were ciuite sufficient to warrant judgment being given for plaintiff for the amount claimed, with the usual costs. Mr. Dix appeared for the plaintiff, and Mt. A. Fair for defendant. AN' ARCHITECT'S CLAIM. James O'Doa, architect. Wellington, sued Martin Kennedy, settler,' Wellington, to recover t ; -o sum of .£3l 35., balance alleged to bo due on an account for work done in pre Daring plans and specifications in connection with a building contract for Kennedy Buildings. Mr. A. Dunn appeared for plaintiff, and Mr. A. Blair for defendant. UNDEFENDED CASES. Judgment bv default was given for plaintiffs in tho . following undefended cases:— Briscoe and Co.. Ltd. v. Wm. Hy. Xinimo, costs 55.; Emily Hill v. Benjamin Benjo. £1 18s. Gd., costs 55.; same v. Thos. M'Millan or M'Marror, -CI 155.. costs 55.; Jno. Norton v. James Stanford, j;2 18s. 7d., costs '175.; H. X. Maddox v. .las. Ferguson. 3s. Gd., costs 55.: Wm. Hy. Nash v. J. A. Lees, £1 10s. 5d.. costs 155.; A. -SI. S. Nnnnestad v. Wm. Fitzpatrick, .£•■( 10s., costs 10s.; Commercial Agency, Ltd. v. Arthur E. Fttrness, £35 11.5. Sd., costs .£2 lis.-; Minister for Railways v. Mrs. M. Smith. £3 Is., costs 55.; H.M. the King v. Tnheka Hetet, ,€5, costs £1 ss. Gd.; Commercial Agency, Ltd., assignee, and Bing, Harris and Co.. Ltd., assignor, v. Mrs. L. Kenney, .£25 lis. 5d., costs £2 15s. ■ - JUDGMENT SUMMONSES. SI. Murphy and T. A. Murphy were ordered to pay'the sum of £3 Is. 9d. to Inglis Bros, on or before August 3, in default seven days'- imprisonment. No order was made in tho case of Inglis Bros. v. T. D. Taylor, a claim for ,£ll 3s. 3d. WILD CATTLE CAUSE TROUBLE. . (Before Mr. W. G. Riddell, S.M.) Frederick Neil M'Vicar, boilermaker, of Pap'arangi, Johnsonvillo, sued Ryder Bros., butchers, of Petone, to recover the sum of .£3O as 'damages Alleged to be due to plaintiff by defendants in connection with the destruction of plaintiff's horse after it had been gored by'one of a mob of wild cattle owned by defendant. Sir. C:" H. Treadwell appeared for plaintiff, and Mr. P. W. Jackson for defendant. Plaintiff alleged that, on or about' May i .last a mob of wild cattlo. was negligently driven along the Ngahauranga Gorge by defendant's servant. Plaintiff's horse was being ridden on the same road at'the time, and was gored by one of tho cattle. The services of a. veterinary surgeon were called in for the. horse, but it subsequently had to be destroyed and buried, "and plaintiff was put to considerable expense in'connection therewith. It was contended that defendants had broken a County Council ruin, by taking the mob of. cattle along this road with only one drover instead of two. ' For the defence it was contended that defendants, were not, liable for tho damages; as-the drover was not a servant of defendants, but a contractor for the work. ! Hearing was not concluded yesterday, and ah adjournment,was granted until Tuesday' next. POLICE CASES. Kathleen, Stanley,-. charged..with drunkenness, was scntencedto onornonth'sumprisonment, and made the subject of a prohibition order. On a charge of being an idle and disorderly person with insufficient lawful means of support, the same accused was sentenced .to three months' imprisonment. William Stevens had' to answer' the double charge.of drunkenness, and with procuring liquor during tho currency of «i prohibition order. On the charge of drunkenness ho was convicted and discharged, but, as this was the fourth breach of his prohibition order, he was remanded until this morning, so that inquiries might be made as to whether or not there Was a vacancy at tho Inebriates' Home at Roto Roa. Hoary Richard Balding, who pleaded guilty to a charge of'drunkenness, was declared a habitual inebriate, and sentenced to one month's imprisonment. For breach of a prohibition order the same accused was convicted aud discharged. Alexander Johnston, for, drunkenness, was lined 10s., in default 4S hours' imprisonment' A first-offending inebriate, who did not appear, was ordered to forfeit his bail of 105.,. or to undergo 24 hours' imprisonment. Another first offender.was fined 55., with the usual alternative. Mabel Edith. Miller was granted remission of arrears due under a maintenance | order, but the order is to stand, in all other respects. j