MAGISTRATE’S COURT.

Otago Daily Times, Issue 19700, 29 January 1926, Page 2

MAGISTRATE’S COURT.

Thursday, January, 28. {Before Mr J. R. Bartholomew,, S.M.) UNDEFENDED CASES. Judgment by default was given in the following cases : John Edward Butler (Ltd.) v. G. Howard, claim £4 19s 3d, for upholsterers’ materials supplied, w’ith costs (£1 3s 6d) ; Markhams Motors (Ltd.) v. E. M. Laydon (Omararoa), claim £l9 18s 4d, balance of account, .with costs (£5 15s); E. Wolfenden and H. Russell v. T. A. White, claim £1 5s Id, balance of account, with costs (16s); Williamson, Jeffery (Ltd.) v. Mrs M. Baker (Invercargill), claim £1 6s 6d, for goods supplied, with costs (9s) ; O. M. Smith and Co. (Ltd.) v. Ernest D. Peat (Middleroarch) claim £4 14s 6d, amount of dishonoured cheque, with costs (£1 Is 6d). JUDGMENT SUMMONSES Hugh B. Calder, of Tahapoka, for whom Mr C. J. L. White appeared, proceeded against R. J. V. Craigie (Mr T. O’Shea), also of Tahakopa, on a judgment summons to recover from the defendant £SO, tho amount due to plaintiff in pursuance of an agreement made between them. —The magistrate stated that on the evidence plaintiff was not entitled to an order. It had not been shown that there were any concealed assets. The order (was refused. John Richardson claimed from James Samuel Monteci.no £5 18s 6d on a judgment for board and lodging.—Defendant, ■who did not appear, was ordered to pay the amount of the judgment (£s,Bs 6d) with costs (11s) in default six days’ imprisonment. William Hartley Inglis proceeded against K. Arlow claiming £22 2s for balance of rent.—An order was made for the payment of the money forthwith, with costs (£1 ss) in default three weeks’ imprisonment. 7 John Henderson proceeded against Robert Johnston claiming £l6 14 for board and lodging.—An order was made for the payment of the full amount “with costs (£1), in default 18 days ’imprisonment. CLAIM'S FOE RENT. Grace Wilson claimed from James Munro £8 15s for rent of a house in Smith street. —Mr W. L. Moore appeared for plaintiff and Mr C. .J. L. White for defendant.— Andrewina Munro, wife of defendant, said that she and her husband had gone into the house rent free on the understanding that they put it in good condition and showed intending tenants through it. Witness asserted that all she said was true and that plaintiff’s evidence was a “pack of lies from beginning toend.’’—After defendant’s evidence had been tak'en Mr White asked for an adjournment which the magistrate refused unless costs were paid. The case was allowed to stand down for a few minutes. When counsel returned to the room thev asked that the case should be struck out. —The magistrate remarked that counsel were to he congratulated on bringing two such clients to an understanding. Kate Johnston (Mr Aspinall) claimed from Robert Gooding, who conducted his own defence, £4 rent of a house in Littlebourne and £2 in lieu of a week’s notice.— The magistrate, after hearing the evidence, stated that there was evidently some communication between plaintiff and, defendant’s wife which defendant _ took as notice to quit. He would give judgment for the £4 rent and costs (£1 16s). BALCLUTHA COURT. MOTOR CAR CASES. John C. Miller, an employee of the Otago Electric Power Board, was charged at Balcultha on Wednesday with having, on November 28, 1925, driven a motor lorry along the Glenore-Milton road near Crichton and when approaching a railway crossing failing to stop before coming into contact with the railway line; also with failing to keep a vigilant look-out when approaching the railway line. Mr Grigor, for the Railway Department, explained that the lorry was struck in the rear by the express and it was only_ by the prompt action of the engine driver in applying the brakes assisted by the defendant in using his accelerator, that more serious accident was-avoided. Defendant, had paid the the amount of the damage to the lorry (£2 18s) and had been perfectly honest in the matter. Defendant stated that it was a stormy afternoon and he had come suddenly on the crossing before he was aware of it. He had not a clear - view and was unaware a crossing existed there. Defendant was convicted on the first, charge and fined ss, with costs £3 10s, solicitor’s fee £3 3s. On the second charge he was convicted and discharged. Tho police proceeded against James Wright, farmer, of Port Molyneux, on a charge of negligent driving of a motor car at Balclntha on December 18. There was a second charge of having on the same date driven a motor car without being the holder of a license to do so. Mr Walter, for defendant, pleaded guilty to both charges. Constable Pearce and:- counsel stated that defendant had only had the car three months, and in approaching the Finegand crossing hoard a train whistle, and "speeded up in order to get over in front of the tram. There was a team of elephants belonging to Wirth’s circus just past a crossing a little on the wrong side of the road, and defendant in siwerving his car 1 , with his eye on a number of children knocked down one of the elephant drivers, who had ste-ned out suddenly. Defendant stopped the c?> and did all he could for the man and reported to the police. Defendant had settled the claim of the circus man at a cost of £25, and no civil claim was likely to arise from the accident. A license had since been issued to him as a competent driver. Ordinarily he was a most careful ipan but on this occasion be had been “bustled.” The magistrate said defendant would be convicted and ordered to pay costs on the charge of negligent driving and on the second charge (driving without a license) he would be fined 20s, with costs 7s.