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Resident Magistrate's Court.

[Before S. L. Muller, Esq., R.M., -and H, D. Church, Esq., J.P.) Blenheim, Monday, December 23. stray horses. Henry Dodson was charged with allowing two horses to stray m Grove Road. The defendant's son pleaded guilty to the charge, and the Bench imposed a fine of 2a 6d for each horse and costs amounting to 4s. [Before S.L. Muller, Esq., 8.M.; H. D. Church, Esq. J.P. and Samuel Johnson, Esq., J.P.. CARLTON V. SINCLAIR. This was a claim for £3 19s 4d, and waa a struck out for non-attendance of the parties. Mr Rae handed fo the bench i letter from plain* tiff stating that he was tinable to attend, and asking Mr Rae to act as his agent, and " do the best he could for him. " The Magistrates said except under exceptional circumstances "Agents" could not appear m court, an»d as there was no appearance of either party, the case must be struck out, the plaintiff cbuld then commence proceedings again if he thought proper. GRAINGER V. DIVENS. , Mr Me Nab appeared for the plaintiff, and Mr Rogers for defendant. Mr McNab stated that this was an action m detinue to recover the possession of two dogs, 4 the property of the plaintiff, and which were* being illegally detained by defendant. The doga had been handed to a man named West, to be broken m, but that contract had not been carried out, and plaintiff was entitled to immediate possession. Mr Rogers submitted that there was no cause of aotion. There was no privity between the parties. The action should have been brought against West. Mr M'Nab submitted that all that was necessary for him to prove was the right to immediate possession. The Resident Magistrate said the Bench were of opinion that the action was brought against the wrong party, and they should, therefore, give judgment for defendant with costs.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/MEX18781224.2.14

Bibliographic details

Resident Magistrate's Court., Marlborough Express, Volume XIII, Issue 1091, 24 December 1878

Word Count
315

Resident Magistrate's Court. Marlborough Express, Volume XIII, Issue 1091, 24 December 1878

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