RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 8557, 27 July 1889, Page 6 (Supplement)

RESIDENT MAGISTRATE'S COURT.

Friday, July 26. (Before Mr E. H. Carew, R.M.) Judgment was given for plaintiffs by default in the following cases:—Findlay and Co. v. J. Eadie, claim £5 10a Bd, for goods supplied; A D.ornwell v. J. Garrow, 15s 6d; same v. R. Telfer, claim £19s 8d; and same v. J. M'Donald, claim £9 12s.—The claims were for meat supplied. A. Domwell v. A. Kinnimont. —Claim £2 7s Bd, on a judgment summons.—An order was made that defendant pay the claim in a month; in default four days in gaol. G. Norton v. P. M'Donald.—Claim £6 Gs, for pigs aud sundry goods.—Mr Milne appeared For plaintiff, and Mr Fraser for defendant. —There was a cross action in this case, and it was decided to let the evidence in the one case stand for both. In the case stated judgment was given for plaintiff for £3 12s and costs; and in the cross action for £113s and costs. Smithson and another (Timaru) v. Wilkie and j Co.—Claim £9, for alleged illegal detention of books. —Mr J. Macgregor appeared for plaintiff!", and Mr W. Macgregor for defendants.—Mr J. Macgregor said this case arDse out of tho bankruptcy of a mnn called Waller. He was employed by the plaintiffs at Timaru to do somp bookbinding, and he employed Wilkie and Co. to do the work. They did the binding, and while the books remained in their possession Waller filed, and Mr Wilkio now naturally wanted to know before giving up the books who was t« pay him for the work done. The question Mr Wilfeio wanted the court to decide was whether !ho had a lien on the true owners.—lt having been agreed that the written statement of plaintiffs should bo received as a statement of facts, Mr Macgregor continued that the question raised was whether Mr Willrie was entitled to retain the books as against the owners till he was paid the actual cost of the binding. He submitted that Wilkie and Co had no right to a lien except as against Waller.—Mr W. Macgregor mentioned that the position was simply that Wilkie and Co. received the books from i Waller without knowing to whom they belonged, and until they received a letter they were not aware that they were Smithson's.—After counsel had argued the case, his Worship intimated that he would give his decision at some future tims.