RESIDENT MAGISTRATES COURT.

Otago Daily Times, Issue 9299, 15 December 1891, Page 2

RESIDENT MAGISTRATES COURT.

♦ JIONDAY, DeCEJIHER 14. (Before Jlr E. H. Carew, R.JI.) Emma Thompson v. Michael Barrett.—Claim ,17 4s, for wages alleged to be due to the ilaiiitiff for domestic service rendered.—Jlr ileatyard appeared for the plaintiff, and Jlr lanlon for the defendant. —After hearing the rvidence, his AVorship said he felt quite satis* ied that the plaintiff had trespassed upon the lefendaiit, and that he had been a charitable nan and had allowed her to remain in his muse. The case was evidently a trumped up me. Judgment would be given for the defenlant, wiih costs (Ll 9s). AVilliam Jleade v. Peter Dey (Jlosgiel).— "'lsiim LG3 12s 6d, for material supplied by plaintiff at defendant's request for the formation of a poition of the Portobello road, near Anderson's Bay.—Jlr GaUaway appeared for the plaintiff, and Jlr D. D. Macdonald for the defendant.—From the evidence for the plaintiff, it appeared that Alexander Bain and the defendant had been partners, and that judgment had been previously recorded against Bain in respect to the contract in question.—The point was raised by Jlr Jlacdonald that if Bain and Dey were in partnership, as the plaintiff had attempted to prove, then judgment recovered against Bain was a bar to an action against Dey.—Jlr GaUaway admitted that to be the law, but contended that in the Resident Magistrate's Court, section 27 of the Kesidont Jlagistrate's Act gave power to bring an action against the other partner.—Jlr Carew upheld Jlr Jlacdonald's contention and gave judgment for defendant, with costs.