S.M. Court.

Opunake Times, Volume III, Issue 110, 23 July 1895, Page 2

S.M. Court.

Friday, July 19th, 1895.

(Before Mr H. W. Brabant, S.M., and Messrs G. W. Gane and A. Morrison, J.P.’s.) Morris and Rogers v. C. Geary. Judgment summons. Mr Bailey for plaintiff. No appearance of defendant. Order made for payment of £9 16s 6d within 14 days. Christie and Co v. W. Frei. Claim £2 3s 6d. Mr Bailey for plaintiff. Judgment by default for amount claimed and costs ss. J. H. Flynn v. J. S. Knobbs. Claim £1 3s. Judgment by default for amount claimed and costs ss. STRAY CATTLE. A. McGill was charged on the information of W. H. Denue with having permitted cattle to stray on a public road at Pihama. Mr Scott-Smith appeared for defendant and pleaded guilty, but stated that some one bad let, them out of defendant’s paddock, and plaintiff had taken this step out of spite, when he might have taken the ordinary course of putting them in the pound, which was quite near at hand. Fined Is and costs 21s. Mr Denue applied for his expenses, which were refused. PIHAMA. CEMETERY. The Trustees of the Pihama Cemetery were charged by W. Pearce with not having enclosed the whole of the Pihama Cemetery, and not having erected a sufficient fence. Mr Bailey, with Mr Bennett, for Mr Pearce, and Mr Weston for the trustees. Mr Weston raised the objection that they could not be proceeded against by information for not carrying out duties, the proper course being to apply to the Supreme Court for a mandamus. After hearing argument the Bench were of opinion that the trustees could not be convicted summarily for having failed and neglected to enclose the whole of the cemetery with a full and sufficient fence, and dismissed the information with costs 21s. JUDGMENT CASES. M. J. Macßeyr.olds v. Pohi. Claim £5 13s 3d. Judgment by default for amount claimed and costs 9s. D. C. Simson v. Campbell. Claim £6 10s. Mr Weston for plaintiff and Mr Harvey for defendant. After very voluminous evidence had been taken, judgment was given for 15s 9d and costs Bs,

W. Harvey v, Pelham. Claim £8 12s 4d. There was a counter claim for £29 4s Id for bread supplied and for carting out goods on commission. Judgment for plaintiff for £1 6s lOd, each party to pay his own costs. D. McGregor v. S. Thomson. Claim £l2 13s, Mr Bailey for plaintiff and Mr Weston for defendant. The defence was that the work done was for T. Robinson, in whose employ defendant was. Judgment for amount claimed and costs 275, and solicitor’s fee 21s. W, Harvey v. J. McCullum. Claim £1 17s sd. Mr Bailey for plaintiff and Mr Weston for defendant. A counter claim was filed for £l6 7s 6d for carriage of goods, and bakehouse utensils and other articles left on premises after sale of store to plaintiff, and alleged to have been bought by him. Judgment was given for the defendant for £3 16s 7d, costs 7s, witness 6s, interpreter 21s, solicitor £l Is.