Wellington Supreme Court.

Manawatu Standard, Volume IV, Issue 143, 16 May 1884, Page 2

Wellington Supreme Court.

O'Malley v. Manawatu County Council.

At the adjourned civil sittings of the Supreme Court on Wednesday, his Honor Mr Justice Richmond gaye judgment m the case O'Malley v. Manawatu County Council. The acbioa was brought by the plaintiff to recover damages for the, wrongful detention by defendants of certain property. In giving judgment, his Honor said that he found that ■ the defendant body had converted to its own use the various article* particularised m the plaint, except springs, bolts and sundries, carriage springs, and an iron scoop. He found, therefore, that the plaintiff was entitled to recover the sum of £35, less £6 2s Gd paid into Court, making a verdict- for £28 17s 6d. He had particularised the articles, because the effect of the judgment would be to vest the articles converted m the defendant body, and to leave m the possession of the plaintiff the articles which he found wore not converted. Mr Brown, who, instructed by Mr Hankins, appeared for the defendant*, submitted that no costs could be allowed, except such as would have been recovered if the action had been taken m the inferior Court. The claim was one which ought to have gone beforo the District Court. Mr Sliaw, counsel for the plaintiff, submitted that to have brought the action m the District Court would have entailed a large amount of expense on the plaintiff, who would have had to travel, together with his witnesses, to either Palmers ton or Pox ton. His Honor held that the action might reasonably have been brought iv the District Court, and only sucli costs would be allowed as could bo recovered m the District Court.