DUNEDIN S.M. COURT.

Otago Witness, Issue 3098, 30 July 1913, Page 5

DUNEDIN S.M. COURT.

Tuesday, July 15. (Before Air H. Y. Widdowson, S.M.) Judgment by default was given in the following eases:—Laidlaw and Gray (Mr Moore) v. James N. Hutton (Tokarani), claim £l7 -12 s 6d, for goods supplied, with costa (£2 7s 6d); Edward Souness (Mr Irwin) v. Thomas Ryan (Mosgicl), claim 5s costs on a former action, with solicitor’s fee (ss); Nimrao and Blair (Mr Moore) v. Thomas H. Lukins (Nelson), claim £4 9s 5d for goods supplied, with costs (10a); same v. Ihomas Cahill (Waeronga-a-hika), claim £3 13s 4d, for goods supplied, with costs (17s); same v. Frederick Leslie (Auckland), claim 6s costs on a former action, .with solictor's fee (ss) ; Gustavus Davis (Mr Bedford) v. Albert AT Donald (Berwick), claim 17s 9d, rent due, with costs (14s); Peter ATSkimming and Hon (Mr Moore), v. Patrick O Driscoll, claim £6 5s Id, for goods supplied, with costs (£1 3s 6d); William Wills (Mr J. Wilkinson) v. limes Burrow (Whangarei), claim £6 15s for clothing supplied, with costs (£1 15s 6d); Elizabeth C. Drcaver (Air Aloore) v. Margaret Goodlct. claim £2 8 s 7ci, an account stated and agreed upon, with costs (10s); D.I.C. (Air Aloore) v. J. AI. Smart (Invercargill), claim £6 19s for drapery supplied, with costs (£1 3s 6d; Nimnio and Blair (Air Aloore) v. John If. King (Pembroke), claim £1 9s 10d, for goods supplied, with costs (ss). Judgment Summonses. —Irwin and Irwin v. Archibald Aloir. —This was a claim on a judgment summons for £1 9s.—Air Irwin stated that 7s 6d had been paid off the claim, and ho asked for an order for the balance, £1 Is scl. An order was made for payment forthwith, with costs (ss). in default 48 hours’ im prieoninout. Ellen; Fulton (Mr Aloore) v. Albert Brooks, claim 8s 9d. —The debtor did not appear, and an order was made for payment forthwith, with costs (ss), m default 24 hours’ imprisonment. Charles A”. M’Ken/.ie (Air Aloore) v. Abraham Geary, e'aim £l 9s 6d.—The debtor did not appear, and an order was made that tho amount he paid forthwith, with costs (ss), in default 48 hours’ imprisonment. Thursday, July 17. (Before Air H. Y. Widdowson, S.AI.) Judgment, by default, was given for plaintiff in the following cases; C. and W. Hayward (Mr Aloore) v. William Robert Fisher, claim £7 19s 9d, for goods supplied, with costs (£1 8s 6cl); Mollisons, Ltd. (Air Duncan), v. Robert Paislev (Nasoby), claim 11s 6d, for goods supplied, with costs (ss); Isaac Robinson v. J. A. Sinclair (Port Chalmers), claim £3 8s lOd, for goods supplied, with costs (ss); W. A. Scott and Son (Mr Aloore) v. Vernon Critohfield (Invercargill), claim 7s 6d, on account stated, with costs (ss); George Crow (Air Moore) v. Henry Barnett (Stirling), claim £lB 11s 6d, for hyc of furniture and interest, with costs (£1 13s 6d); Pudney and Gordon (Air Aloore) v. James Christie, claim £1 17s 6cl, on account stated, with costs (10s); Tilbury Forwarding Co. (Mr G. S. Sinclair) v. Weir and Craig (Balclutlia'i, claim £lO 11s, for goods supplied, with cost's (£1 10s 6d); Archibald Thompson (Air Moore) v. Thomas Thompson, ciavni £9 19s, for goods sold and delivered, with costs (£1 4s 6di : same v. Ezekiel Johns (Miller’s Flat . claim £29 12s Id, for cycle goods supplied, with costs (£5 4s); A. Alorrison (Air Wilkinson) v. 11. G. Holland (Auckland),, claim £5, money lent, with costs (£1 0s 6d). Tuesday, July 22. (Before Mr H. Y. Widdowson, S.AI.) Judgment by default was "iven in the following cases; —Gaudin and Alarr (Air Moore) v. John Cunningham (Graasmcrc), claim 4s. costs on a previous action; Mutual Stores (Ltd.) v. Robert Wickham (Auckland), claim £6 19s, for goods supplied, with costs (16s) ; Thomas Latta (Air Alooie) v. Donald Nieho! (Tapanui), claim £9 7s 6d; for timber supplied, with costs (£1 8s 6d); John Cook (Air Aloore) v. J. Reed, claim 18s 6d, for boots supplied, with costs (ss); Newbury, Walker, Lid. (Air Aloore) v. J. C. Ross (Waitati), claim £3 16s, for goods supplied, with costs (10s); Stronaeh, Morris, and Uo. (Mr Rutherford) v. Robert Penny (Palmerston), claim ss, costs on a previous action; Walker Bros., Ltd. (Mr Aloore) v. Louis Dillon Kelly (Wellington), claim £ll, for drainage as per an estimate, with costs (£1 10s 6d); Householders’ Annual Directory (Mr Aioon) v. '1 homas If. Oates (Wellington), claim £4, for advertising in the directory, with costs (10s); Gaudin and Alarr (Air Aloore) v. George Laws (Grassiuere), claim £6. for goods supplied. with costs (£1 4s o:l) : David Stewait (Mr Moore) v. .1 lin B,.rry (Ranfurly), claim £1 19s. with costs (ss); P. Dayman and Co. (Air Aloore) v. Richard Edward Owen (Christchurch), e’aim £7 7s. the amount of a dishonoured cheque, with costs (£1 ,3s). A Boundary Fence 1 . —Air Widdowson gave Ids reserved judgment in the l case Philip Douglas Gar-side. 1 (Air E. A. Duncan) v. Kate Alason (Air Irwin) on a claim for £5 ss, half cost of a boundary fence between the property of the plaintiff and that alleged to be owned by tho defendant. At the hearing Air Irwin raised the points: (1) That the notiee to fence was bad. in that it: was purported to have been given by tho owner, whereas under the Act only the occupier could give such a notice; (2) That the defendant was not the occupier of the adjoining property because, although it had boon left to her by will, she had declined to accept it, owing to the existing mortgages upon it; (5) that the plaintiff could not recover, because as a matter precedent to bringing the claim, he should first have had the subject in dispute brought before the i*ourt and settled under tho Justices of the Peace Act.—Air Widdowson, after reviewing the evidence, said that as to tho first point it. was a highly technical one, and he was not called upon to decide it; and. in regard to the second, there was not sufficient evidence to show that tho defendant was an occupier, as was alleged. With respect to the third point, his Worship held that tlie matters in dispute should have been decided under tho Justices of the Peace Act. Plaintiff would therefore he nonsuited, with £1 Is costs for the defendant. Thursday, July 24. (Before Mr IT. Y. Widdowson, S.M.) Undefended Cases.—Judgment was "iven for the plaintiffs by default iu the follow-.

ing cases:—A. and J. Watt (Mr AspiunJl) v. James Williams, claim £l9 12s 4d, balance owing for goods sold and delivered, and costs £1 10s 6dj Thomas Feltham (Mr Irwin) v. Alexander Logan (Auckland), claim £5 10s, for a suit, and costs £1 6a 6d; Reilly, Gill, and Co. v. R. Wicklan (Kaipara), claim £2 11s 6d, for goods, and costs 15s j Alexander Horn (Mr John Wilkinson) v. William Turner (Waiuta, Groymouth), claim £6 18s lid, for goods sold, and costs £1 3s 6d; same William Renv.ick, claim £5 10s 6d, for goods sold, and costs £1 7s 6d; B. Stewart (Mr Wilkinson) v A. M'Guiro, claim 15s, for material and labour, and costs ss.

Judgment Summons.—Anthony D. Minn (Mr Bedford) v. William Fuller, claim £1 6s sd, for broad' supplied.—After hearing the defendant’s evidence as to his means the Magistrate made an order for the payment of the amount by four-weekly instalments of 2s.