SUPREME COURT.-IN CHAMBERS.

Otago Daily Times, Issue 7223, 11 April 1885, Page 4

SUPREME COURT.-IN CHAMBERS.

FaiDAr, April 10. (Before hia Houor Mr Justice Williams). BROSNAN V. STEWART AND JI'dUILOCH. Motion for mandamus. Mr W. D, Stewart uppearod for tho plaintiff, to movo for a writ of mandamus, and Mr O'Reilly (of Invercargill) for tha defendants. Tho circumstances sot out in the statement of claim wore as follow:—On tho 11th November 18S4, Bridget Brosnau complnined in the R M. Court at Rivorton, under "The Destitute Persons Act 1577." section G, that William Stewart, draper, Riverton, whom she alleged to bo tho father, had refused to provide for the support of her child. Both parties attended the Court, and tho case was heard, Mr Pinn appearing for tho complainant and Mr O'Reilly for the defendant. Tho complainant's solicitor applied fcr an adjournment of the case until the next Court day, on the ground of the absenca of a witnoss named Newton. Tho defendant's solicitor opposed tho application, and tho magistrate dismissed the summons. After the diomissal the complainant discovered additional and material evidence to corroborate her testimony, and having made fresh application for a eummons, and a frosh summons having been issued, it came on for hearing on December (5, when the solicitor for tho defendant took tho objection that the magistrate ought not to entertain the complaint, on tho ground that the previous application had been hoard and dismissed on the met its. The Magistrate then refused to hear tho complaint, and stated that ho would give his certiiicate that the case had besn dismissed on the merits. The plaintiff now asked—(l) That Henry M'Cullocb, the Resident Magistrate in question, be ordered to hear and dotormine the said complaint; (2) that the said William Stewart be ordered to pay the costs of these proceedings. The answer net up by the defendant was that he had formerly had a witn. b_s who was not now available, and that tho Magistrate had dismissed the case, and had granted a certificate that it was dismissed on its merits. After argument, his Honor intimated that he would take time to consider the case before giving judgment