CIVIL CASES

Evening Post, Volume XC, Issue 78, 30 September 1915, Page 8

CIVIL CASES

♦ — Mr. W. G. Riddell, S.M., entered J judgment for plaintiff by default in the following civil cases which came beforehim to-day : — Vacuum Oil Co. Propy., 1 Ltd., v. N. C. Bassie, 19s 7d, costs 7s;. Commercial Agency, Ltd., assignees J. W. Murray, v. George Haliey, £3 10s Bd, costs 12s; Commercial Agency, Ltd., v. A. Bergerson, £4 10s 6d, costs £1 4s j Dr. H. C. Faulke v. Harold A. Tocker, £17 10s,= costs £2 0s 6d ; W. H. Kinsey v. Alice ' M. Woolcott, £1 15s, costs ss . against separate ■ estate ; Wellington Publishing Company, 1 Limited v. F. Waters.. £3 8s 6d, costs 7s ; L. W. Balkind v. Mrs. Mabel Stewart, £1 7s, costs 8s; L. W Balkind v. H. Pilcher, £13 11s, costs 17s; Dr. H. C. Faulke v. C. H. Dixon, £4 4s, costs 10s ; Commercial Agency Ltd. (assignees H. C. Gibbons and Co., Ltd), v. E. Merrin. £3 13s sd, costs 19s ; same v. J. Taylor, £5 10s 2d, costs £1 10s 4d ; same v. H. Wilde, £2 3s 6d, costs 10s ; same -v. H. W. ' Robinson, £1 Bs, costs ss; Sharlahd and Company, Ltd., v. John Hamilton, £2, costs 16s. Walter Moore, who failed to appear on a judgment summons, was ordered to pay £21 4s to William Branigan on or before ; 14th, October, in default to undergo twenty-one days' imprisonment-. ■ Duncan -K. Cameron was ordered, to pay to Susan Cameron the sum of £28 9s by, instalments of 5s per week, the > first payment to <be < made on Monday next. -. His Excellency the Governor has received information by cable announcing, that, since the last. report, 2719 sick and, wounded have been dealt with on board the Maheno. .. Judgment was delivered by .Mr. W. 1 G. Riddell, S.M., tc-4ay, in the case Frederick Jones v. William Nevill Ward, a claim' for" possession, ]rent,'_ and meene profits in connection with a residence at Island Bay. The question involved was one, as to -tenancy, and according ' to his Worship there did not appear to bo any agreement. Defendant's "counsel had submitted, however, that there was some suggestion as to title, and that being so the -matter wa6 not within tho jurisdictiqn ,of the Magistrate's Court. In his judgment, his Worship agreed with that contention, and dismissed the action. If he had had jurisdiction. Mr. Riddell stated,', he would have decided' in' favour of plaintiff." j A strong complaint against the action of the military authorities in refusing a man stationed at Trentham. leave to attend the Civil- Court asa witness, was made by Mr. D. M. Findlay in the Magistrate's Court to-day. When the , case; Wellington Tailors' Union v. Harry Baker, was called on, Mr. Findlay said he regretted the necessity of having to apply for a further adjournment. - The essential witness had joined the forces*, and since then had not been available. The case was originally set down for 16th September, but as the witness was refused leave . it was adjourned for 14 | days.' • The witnes& was -still unable to get away. He was perfectly willing to attend, and it was a pity that the plaintiff should be penalised by a refusal of the military authorities to allow him to attend Court. Mr. Findlay desired to make a protest at this stage^ because a great hardship would be. done in many cases if the 'practice of refusing ■ leave was continued. 1 Apparently there was ntf power tti compei & military witness to attend a. Civil " Court. ' A' member of the forces was -under military control, and that ended the matter. _ It seemed to' Mr. Findlay rather arbitrary -and quite unnecessarily severe not to grant leave. He intended to apply' personally to the authorities in regard to the matter. Mr. W. G. Riddell. S.M., eranted the adjournment, stating that plaintiffs could not be held to blame for being unable to proceed. Tf the question was placed before the military authorities his Worship was stir? tnat :in agreement could be £t.rivfrd at , Honwaard bound from Wellington, the luiur Tlotorua arrived at Monte Vidoft on Tuesday last, and c-o'.itii lied her voyage yesterday An atriva! at Wattara vcsterdiiy from Sydno,\ was thp Cl.in MacTavi«h io load for Home. Th" voj'pl i« (hie hrr»> for Hi" inmplrtion of lo^dins about .^uodny ncit, lc:i\itiq for 1/jndon, via Cape Horn, probably on Tuesday next_