MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2127, 28 February 1908, Page 4

MAGISTERIAL.

THURSDAY, I'M'. HHUAH V 27. (Ik-fore Air \V. A. Barton, S.AI.) CLAIAt UGH TRESPASS. . Tlie ease Alay Strachan (Mr Stock) v. James ’William Fairlie (Mr T. Alston Coleman) and Charles A. Foote (Air .Blair), a claim for trespass. Air Stock said that last year Air iSlrachan sold his property which was under lease to Air Fairlie until last month. At the expiration of Air Fairlie’s lease notice to quit was served on Mr Foote, who had a lease Irom Air Fairlie, but though many letters were sent he did not leave. The p.-ir-chaser refused to pay the purchase money until the property was handed over. Since the time of the sale plaintiff had lost quite £3O in interest, and was losing lls (id for every day Air Foote remained in possession of the property. Air Blair contended that the measure of damages should bo a reasonaide rent for the property hold. The measure of damages should not he the interest plaintiff was losing—that depended on another contract. Judgment wis given for plaintiff for £2B IPs damages with costs £2 IPs, and possession of the property was ordered to be given within 48 hours. A DOCTOR’S FEES. David A tor r iso n (Air T. Alston Coleman) sued William If. Cooper lor £2 for medical attendance. Plaintiff gave evidence of having visited two of defendant’s children at AVaerenga-a-hika in January 11)01. Defendant gave evidoneo that plaintiff had attended him in July 1908, but lie knew nothing of any consultation with plaintiff. Elizabeth Cooper, wife of defendant’, stated that plaintiff had not been consulted since 1903. Plaintiff never attended children at her house. —By Air Coleman : Her four children were at school in Napier, hut- in January wore at home for tlioir holidays. None of them were ill during their stay at home. . Judgment was given for plaintiff with costs 16s. CI.AIAI FOR A BICYCLE. ' Charles Cat ton (Mr Finn) sued Herbert F. Gusli (Air T. Alston Coleman) for the return of a bicycle, and damages for detention. Air Coleman stated the bicycle had keen covered up lor a long time by other goods in a store, but could bo got out at an early date. judgment was given toy plaintiff for £5, to be reduced to os on the return of the bicycle, with £1 dnmage'S' JUDGMENT SUAIAIONS. Hanlon and Smith (Air Burke) proceeded against John Brooking on a judgment summons. Judgment debtor .gave evidence that since the date of the judgment he had not earned £1 per week. Ho had no money or property. His wife had a house, and ho paid no rout. — By Afr Burke: Received £550 when ho left the’ Government service, but had paid all of the amount- to his creditors. The S.Af. dismissed the summons. JUDGMENT BY DEFAULT. . Judgment by default was given m the following cases: Albert Al. Lewis (Air Blair) v. Bart Batchelor and Peter Graham, £22 Ss 9d, costs £4 7s; Albert AL Lewis (Air Blair) v. Bernard Stuart, £4 16s 6d costs £1 14s; William A. Friar (Air Alaiin) v. Samuel Norris £l3 19s 9d, costs £1 6s 6d; James AVhmray v. Arthur Al. Campbell £4 19s, costs os; AA llliam H. Tucker (Air Blair) v. Alex Moritz Hirscliberge, £l6 10s, with costs £2 '6s, possession of house to bo given within 4S hours.