RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 4175, 6 July 1875, Page 3

RESIDENT MAGISTRATE'S COURT.

Monday. sth July. (Before Jolin Bathgate, Esq., R.M.) Eoberfc Wilson and Co. v. Wm. Shanley (Cromwell). —This was a fraud summons for £07 on a bill of exchange. Mr Howorth appeared for the defendant, aud applied that the judgment be rescinded. On the 7th June last, the case was adjudicated upon by His Worship as follows :—" Case struck out; no appearance." Mr Howorth appeared when the case was called on, and afterwards found.that it had not been reinstated during the day. He submitted that the judgment was final, and that the only way the plaintiffs had of bringing the matter before the Court was by issuing a fresh numinous. There was no authority under the Resident Magistrate's Court Act to reinstate the ca.se under the circumstances: he had mentioned. Mr Wilson did not mie as an original creditor of the defendant, but as an endorsee of a bill of exchange. Miller was the drawer of the bill, and the plaintiffs had really no claim against Shanley. His Worship said that, under the 48th section, the time for reinstatement is not limited. Mr Howorth explained that his client resides 125 miles away, and the aflidavit showed that the summons was served at Cromwell. -His Worship pointed out that, under No. 2 of the Gazette Rules, he had even granted a judgment summons for Christchurch. The same rules apply to the District Court as to the R. M. Court. Shanley had recently filed his schedule. The case was continued till Wednesday. J S. Mackerras and Co. v. William Edwiir.ls.—This was a judgment summons for £4!). Mr Stout appeared for the plaintiffs, and applied for an order for payment forthwith. After hearing the evidence His Worship said,: I must send this man to prison for 21 days, as he has not satisfied the debt of his judgment creditor. , .... , . S M Clark v. Joseph Hastie (Clyue).— Claim of £21 7s 7d, board, clothing, boota, and cash advanced. Mr Stout appeared for th< plaintiff, for whom judgment was given, witl Hugh Dennie v. Thomas Kitchingham.This was a judgment summons. Mr Moual appeared for the plaintiff. After heoring th< evidence, His Worship said : This case smell badly. It will be continued till Wednesday n Judgment went by default for the plaintiffs with costs, in the following cases:—Wate Works Company v. Jane Monson, water rateH 183 4d; Meenan v. James King, goods sup nlied £3 10s Ud ; Meenan v. Alexande Cameron (Moa Flat Station); 14s 8d ; J. Seege v R F. Boulton (Queenstown), balance o account rendered, 15s; C. Ziele .y Georg. Woodrow, dishonoured cheque, £39 Ms ud A"nes Walker v. Edward Nunn, goods suii plied. £1 19s 6d; Water Works Company v John France, three years' water rates, i,l Hs._ Reid and Gray v. Frank Tucksford.-Claii] of L 23 7s, goods supplied. Mr Denmston ap peared for the plaintiffs, for whom judgmen was triven, with costs. John Mount v. Sinclair M'Beath (Beaumon Ferry) —Claim of Ll9 as, balance of bill c law costs. Mr F. Chapman appeared for th plaintiff, aud Mr G. B. Barton for the defem ant The defendant's counsel raised the pom that under the Resident Magistrate's Com Act. 18G7,'unless the bill of costs is give within seven days after the transaction, th solicitor cannot recover, :>nd cite<l DunaMxo v M'Bwth. Hin Worship considered the pou of delivery of so much importance to the pn fessiun, that he t<n.k t.iine Lo consider his d< 1 i cisiou, and reserved jiiiljjnient.

John SwanneU v. Edward M'Ewen.-Claam of LSO, damages sustained on the 27th May through the unskilful driving and mismanagement of a horse and cart iv Maclaggan street by the defendant's servant. Mr Stout appeal el for the plaintiff, and.Mr G. E. Barton for the defendant. The evidence went to show that the plaintiff waa driving a. horse and spring-cart containing about-15cwt of butchers' meat, and he "cooed" to John O'Brien, the defendants servant, to pull his horse out of the road. A collision oc«nred, and plaintiff was thrown into the adjoining ditch and suffered severe injury. He lad been removed to the Hospital, and was still unable to work. J. Asher, butcher, deposed that lie gave the plaintiff oo.s a week, with board. His Worship expressed surprise at the high rate, but Mr Barton said it was astonishing how the wages increased when they were-mentioned in Court, and he had no doubt that all the "poverty" of England would flock out here if they only saw ourl^aw Reports. David Mooie corroborated tUe-plain-tifFs evidence. John O'Brien deposed that he was in the defendant's wnploy when the accident occurred, and driving on the right side of the road. When plaintiff shouted to witness, he drew his horses close to the footpath. Ine plaintiff had been driving along the edge of the road, and his horse felt into the ditch. At five o'clock the ease was adjourned for a fortnight. _^____