MAGISTRATE’S COURT

Otago Daily Times, Issue 26692, 11 February 1948, Page 2

MAGISTRATE’S COURT

CLAIMS FOR POSSESSION Madoline Ishta Johnston (Mr F. W. Guest), a married woman, proceeded against Reginald Walter Busing (Mr A. J. Haub), a labourer, in the Magistrates Court yesterday morning on a claim for possession of a house at 9 Carlyle street, North-East Valley, on the grounds that the defendant had been guilty of conduct which was a nuisance or annoyance to the plaintiff as an adjoining or neighbouring occupier. After hearing evidence for both parties the magistrate, Mr H. W. Bundle, made an order for possession on or before February 24 in favour of the plaintiff. It was clear, he said, that the parties could not live next door to each other, and the plaintiff’s claim was entitled to succeed owing to the fact that the defendant had been convicted of assaulting her. The plaintiff was awarded costs totalling £1 13s 6d. Case Adjourned Mary Ellen King (Mr F. W. Guest) proceeded against Mina Kerr (Mr W. Ward) claiming possession of a room at 24 Heriot row occupied by the defendant, on the grounds that her conduct was a nuisance or annoyance to the plaintiff or neighbouring occupiers of the premises. After hearing lengthy evidence, the magistrate said that matters which normally would seem trivial were inclined to become of greater moment where people lived a fairly restricted life. He was quite satisfied that the sooner the defendant left the premises, a two-storeyed house divided into rooms, the better for herself, but he did not propose to make any order for possession of her room in the meantime. The case would be' adjourned for a month. Much conflicting evidence was heard in the case in which the great majority of the witnesses were elderly persons. Undefended Cases Judgment for the plaintiffs was given in the following undefended cases:—Robina Mary McMaster v. John McMaster (Middlemarch), claim £1 Is for arrears of maintenance, with costs (£2 3s); Napier Motors, Ltd., v. L. J. Williamson (Middlemarch), claim £l4 10s for goods supplied, with costs (£3 9s).