MAGISTERIAL.

Manawatu Times, Volume XLII, Issue 1734, 9 February 1921, Page 3

MAGISTERIAL.

CIVIL BUSINESS. Mr J. L. Stout, S.M., presided over the civil session at the Magistrates Court yesterday. UNDEFENDED CASES. Judgment for plaintiff by default was given in the following undefended cases:—W. F. Godfrey v. Andrew McEwen, 10/6, with costs S/-; D. H. Bett v. L. C. Bezzant, £5/5/-, with costs 30/-; L. Lloyd v. J. P. Todd, £ll/15/1, with costs £3/4/-; J. Campbell v. F. Ofsoski, £l3/2/6, with costs £2/14/-. A TENEMENT CASE. Gabriel Sasicn (Mr Hurley) claimed from Daniel Charker (Mr Oram) possession of a tenement and also 17 weeks' rent, amounting to £2l/5/-. Plaintiff claimed that being a married man he required the house for his own use. Defendant stated that he had tried to get another house but could not do so. He also contended that plaintiff did not require the house for his own use. —His Worship made an order for possession by April 30. The matter of rent was left over to enable the parties to come to an agreement regarding the . amount to be charged. OVER THE FENCE.

Peter W. Jensen, farmer, df Umutoi (Mr Abraham), proceeded against William Gillis (Mr J. P. Innes) for specific performance of a clause in an agreement made between plaintiff and defendant when plaintiff purchased defendant's farm and by which defendant was alleged to have agreed to put up a fence round a ravine on the property. Defendant claimed that he had agreed to fence only part of the ravine. «

Defendant counter-claimed for three coils of wire netting, which, he alleged, had been used by plaintiff in the erection of a fence.

His Worship gave judgment for plaintiff on the counter-claim, with costs. With regard to the claim for performance of the agreement, His Worship was of the opinion that the agreement allowed for the fencing of the whole ravine,* but he adjourned the case for a week in order to look into a legal point raised by Mr Innes.