POSSESSION CLAIM

Otago Daily Times, Issue 27523, 18 October 1950, Page 2

POSSESSION CLAIM

Case Adjourned For Medical

Evidence

He would adjourn the case so that evidence could be heard from a medical referee, said Mr J. D Willis, S.M., in the Magistrate's Court yesterday, after hearing evidence in a civil action in which Frederick Stanley Hitchcox and Marion Helen Hitchcox sought possession of a house at 52 Richardson street from Daniel John McFie. Mr R. J. Gilbert appeared for the plaintiff and Mr F. W. McElrea for the defendant.

The evidence stated that McFie had been offered alternative accommodation in Dalmore but he did not consider the hill situation suitable because of a physical handicap. The case was adjourned sine die. Judgment for Defendant

The case for the plaintiff had not been proved by a preponderance of evidence, said the magistrate entering judgment for the defendant in a case in which Charles Yunge claimed from Albert Heasley £24 Os lOd, allegedly the balance of wages owing to the plaintiff.

Appearing for Yunge, Mr F. W. Guest S3id that the plaintiff, who is 71 years of age. had entered into a verbal agree-

ment with the defendant to be paid £lO a week, with keep, to cook for workmen engaged on the defendant’s contract catering work at Waipori. Mr R. J. Gilbert, for the defendant, said Yunge was an old friend of the. Heasley family and had been staying withthem at Mosgiel. Yunge asked Heasley, jun., the defendant, if he could go to Waipori for “ a break." Heasley agreed to give him £5 a week and free board for working at the camp. Yunge worked irregularly and had time off. Judgment Summons C. G. Hook and R. D. Johnston proceeded against H. Davidson on a judgment summons. Davidson was ordered to pay £lO 13s, in default 10 days in the Dunedin prison. The solicitor’s fee was £1 11s 6d.