RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XX, Issue 3827, 20 January 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

Fbiday, Januaby 19. (Before R. Beetham, Esq., "RM.) MABGOLIOUTH V. W. W. WILSON. , , In this case an application had been , made to have the evidence of defendant taken at Gisborne, and the Resident Ma- , gistrate there had fixed the 20th of Fe- ? bruary for hearing the evidence. Mr. Carlile, for plaintiff, said that the time fixed involved a long delay; but as ; he could not prove that it was expressly fixed so as to cause delay, he could not raise an objection. ' ' ! It was ordered that the case should.be set down for hearing on the 2fth Fetiru- , ary, in Napier. L BOWES V., ABIHI TE NAHtT. Claim for £13 3s for goods supplied. The case hrfd been adjourned to afford defendant an opportunity to plead cover--1 ture. . . Mr. Carlile for defendant. _ t _ -. After some discussion, it . * wasr' ultimately arranged that judgment should ; be given for the amount claimed, execui tion being stayed for tbree months. 1 sinks' trustees (by c. b. HOADIEY) v. ' DEWSTEB. This was a claim for £4 2s 3d, but it appeared that there had been a mistake 1 in taking the proceedings, and that "der \ - 1 fendant had paid a portion of the"^ ; amount. A non- suit was therefore taken by ' plaintiff. BLYTHE V. FERGUSON. Claim for £51 3s for goods supplied. Defendant did nofc appear, and judgment _ was given by default for the amount ,- i claimed. j ANDERSON AND BEEET V JOHN ANDEESON. \ This was an interpleader to procure \ the decision of the Magistrate, as to tbe ' ownership of a horse taken in execution 1 by the bailiff of the Court, on a judgment ; obtained by the present defendant, against George Atkinson, commission agent. Mr Lee for Anderson and Berry ; Mr Lascelles for John Anderson. The ease occupied a considerable time in the hearing, some half-dozen witnesses being examined ; the facts were as follows : — John Anderson sold a horse to George Atkinson for £27, expecting to receive cash for it at once. Atkinson, however, though he. immediately sold the horse to Anderson and Berry for £28, took their promissory note for the amount, and pleaded that as an excuse for not paying John Anderson. The latter made a good deal of noise about it, and ultimately Atkiuson or his managing man (Glassen), promised thatthe horse should be restored. This was done by Glassen going down to Anderson and Berry, and getting the horse from Edward Thomas, the foreman of the works. The horse was taken to John Anderson's place, and was subsequently removed again at midnight by Glassen, Atkinson, and a police constable, and was taken to Mr M'Lean's sale yards. Thence it was purchased privately by Mr Grant, of the Wbite-road. Meanwhile John Anderson had sued George Atkinson, and the bailiff took the horse into execution out of the shafts of Mr Grant's cart, and thereupon Anderson and Berry deposited i £28 in the hands of the bailiff to abide the' issue of the interpleader, the horse being ' given up to them. His Worship ordered that the money I deposited by Anderson and Berry be returned to them. . There was no other business before the: Court.