DISTRICT COURT.— Monday. [Before T. Beckham, Esq., Judge.] WILLIAMSON Y. OLARKSON.
WILLIAMHUH Y. vii.fl-n.aow. Me. -.Gillies for plaintiff j Mr. Wyon for defendant. In this case, hia Honor the Superintendent proceeded against Mr. Clarksbn for damages of £100, for detention of certain materials that had been used in the construction of the Mangawai breakwater, which Clarkson had bought from the contractor, the Superintendent having cancelled the contract. The case was heard last Court-day, and yesterday his Worship said that the Court was of opinion that judgment mutt pass for the plaintiff for £35. Mr. Wynn said that of course the defendant would °have the alternative of returning the goods, when the damages would be reduced to Is. His Worship said that was the usual course in such cases. Notice of appeal has been given. HARROP (SKQtTBSTEATOB VARTI'S ISTATB),V. VIAIXTO. Mr. Gillies and Mr. W. J. Hill for plaintiff; Mr, Wynn for defendant. [ Claim, £81 4s. 6d. ; evidence heard last Court-dajy. His Worship yesterday care judgment for plaintiff for £12 6s. 6d. PITGATI! Y. SMITH. Mr. Wynn for plaintiff; Mr. Brookfleld for defendant. Claim, £88 9s. 7d. This was a oase arising out of an interpleader prooeeding. Defendant, Smith, obtained a judgment in the District Court against a man named Mills, but, on the bailiff taking possession of the furniture of Mills, notice was given by Fugate that he had a bill of sale. The furniture was sold, and Fugate gave notice to the bailiff to get an interpleader summons issued, and henoe the present proceeding. On the first hearing, it was stated that Mr. Connell, Filtrate's solicitor, had given an insufficient notice, whioh Mr. Wynn had cured by giving a proper notice, but not within the time allowed by the rules. At a secSnd hearing, Mr. Brookfield raised a similar objection as to the service of the notice, the error in which, he argued, was Incurable. Hia Worship gave judgment yesterday, on the authority of the oase of Beswick v. Boffey, that the Court had the power to order that the case be proceeded with, or, that it be adjourned and the rules complied with. It was agreed that the case should be tried on its merit*. KELLY Y. HT7BST. Mr. Whitaker for plaintiff; Mr. Gillie 3 for defendant. This case was argued last Court-day. His Worship yesterday eaid that, looking at the intentions and the acts of the parties to this case, the Court had no alternative but to give a verdict for the plaintiff. Mr. Wynn, on behalf of the defendant, gave notice of appeal. MOFJTTV. KEAN. Claim, £97 7s. Bd., for work done. ' It wag stated that Mr. Weston, who had been engaged for .plaintiff, was ill ; and the case was adjourned till next Court-day. This concluded the business.
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Bibliographic details
Daily Southern Cross, Volume XXIII, Issue 3119, 16 July 1867, Page 4
Word Count
462DISTRICT COURT.—Monday. [Before T. Beckham, Esq., Judge.] WILLIAMSON V. OLARKSON. Daily Southern Cross, Volume XXIII, Issue 3119, 16 July 1867, Page 4
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