HONOUR SATISFIED

Otago Daily Times, Issue 26776, 20 May 1948, Page 3

HONOUR SATISFIED

Settled Out of Court

During the hearing of a claim of £5 for trespass at the Magistrate's Court yesterday morning Mr J. D. Willis, S.M., commented that the claim seemed " too silly for words.” After hearing counsel for the defence, he said that the circumstances did not give a person the right to trespass. There was no need for it to develop into a blood feud, and perhaps honour could be satisfied by calling the case before a court of justice. Mr Willis stood the case down for a time to allow it to be settled out of court. It was a claim by Walter Gunn Bain, a tenant of a State house in Pembroke street, against Percy John Smith, also a,State tenant in the same street, for £5 for trespass and removal of a strap and spikes from a gate. Mr J. H. Main, who appeared for the plaintiff, said the claim might appear trivial, but a principal was involved. The plaintiff was troubled by cats getting into his back garden and back porch, so he put nails through a strap, reversed it, and tacked it on the top of his gate leading to the garden. That device was successful, and he had no further bother with cats. In December the strap and spikes were missing, and the defendant told the plaintiff that his cat had had its foot torn, and he had taken the strap and spikes away. Evidence was given by the plaintiff, and Mr J. E. Farrell, who appeared for the defendant, stated that his client was quite prepared to settle the matter on terms suggested by Mr Main. If there had been trespass and damages, the defendant relied on justification, as his cat had been severely damaged by the deAfter an adjournment Mr Main told the court thdt honour had been satisfied and the case had been settled,