POSSESSION OF PIGS.

New Zealand Herald, Volume LXVII, Issue 20475, 29 January 1930, Page 16

POSSESSION OF PIGS.

CLAIM AT OPOTIKI. JUDGMENT FOR PLAINTIFFS. [BY TELEGRAPH. —OWN CORRESPONDENT.] OPOTIKI, Tuesday. A claim for the return of two sows was heard in the Magistrate's Court at Opotiki to-day before Mr. S. L. Paterson, S.M. Plaintiffs were Shalfoon Brothers (Mr. Hodgson), and defendant was Frank Harris, Waimana (Mr. Arrowsmith). Plaintiffs alleged that the sows had been wrongfully taken possession of by defendant, and claimed alternatively for 15s. It was stated that nine suckers had been produced subsequently.

It was alleged that a share-milker who had been working for plaintiffs contended that the sows were his property and when he left plaintiffs' farm he sold them to defendant.

The question of a non-suit was raised by Mr. Arrowsmith. His point . was whether the demand for the return of the pigs was explicit. He quoted cases to show that articles to be returned must be definitely particularised. The magistrate gave reasons for holding that the demand in this case was sufficient.

Jugdment was given for plaintiffs, defendant to have the option of paying the amount of the judgment, £lO 12s, and retaining th/s pigs, or of returning the pigs to plaintiffs and paying co^ts.