Resident magistrate's Court

Southland Times, Issue 9164, 12 March 1886, Page 3

Resident magistrate's Court

«. Thubsday, 11th March. (Before H. McCuHoch, Esq, R.M.) UNDEFENDED. In the following oases judgment was given for plaintiffs by default : — Hall and Jones v. Dennehey, L 27 6* B>J, for professional services ; costp, L 3 3s.— Southland County Council v. Connor, LI 5j ; costs, LI 4:4. — Same v. Flanagan, 18s 9 i ; josts, 6s. — Same v. Boyle, L 2 10a ; costs, 16a.— Same v. Valentine, L 2 10s ; costs, LI Is.— Sane v. Stenniog, L 26s 9J ; costs, 15s.— Taine v. McPhail, L 2 10s; 008t8, 16s.— Same v. Matheson, L 2 13i 3d ; costs, 12s. — Same v, Lucas, L 2 3a 9d ; costß, LI 48. — Same v. Brennan, X4 18d 9<l ; costs, 6i. DEFENDED CASES. Martin Hughes v. Public Trustee. — Mr Macalißter for plaintiff, Mr R'lßsell for defendant. — Claim, Lls 83 balance due for repairing a ctb belonging to Hugh Duddy (deceased) whose estate is.in the hands of the Public Trustee. The* plaintiff produced a jf'missory note signed by the deceased. It was duo in December, 1883, but bad been dishonoured on account of the signature being illegible. After argument judgment was given for plaintiff pro rata with other creditors ; costs, L 2 7s. Denis Tobin v. Robert Spurway. — Mr Finn for plaintiff, Mr Wade for defendant.—Claim, L3O for damage caußai by trespass of defendant's hordes and cattle. — Denis Tobin stated that he wa3 a farmer at* Rikahouka, and owned several sections there, and at Mabel. For saveral weeks eiDCQ the 29th November last the defendant's cat lie had trespassed on his ground arid had destroyed four acres of his growing crops ani a stack ot hay at Rakahouka, A young bull belonging to him (defendant) had also destroyed 20 bags of ohaff and broken four gates, He had seen fourteen horses in his paddock at once. The horses and cattle did not belong to the defendant individually, but to the firm of McPbereon aud Filraer, sawmillerp, of which defendant was a partner. — The defendant, called by plaintiff, stated that he was a member of the firm of McPherson, Filmer and Co., to which the horses belonged. At the time in question they had fourteen horses, and a bull which was unbroken. Ho admitted that the horses had on two 000aaions strayed on to plaintiff's land, bat aa he had seen nothing growing on it he did not think that they could do any damage. Witness had, however, as soon as he knew it sent his man to briog them home. The firm to which witness belonged had a small account against the plaintiff, and it was not until he was pressed for that, that he mentioned anything about the treepass. — — Forde stated that he had seen the horses referred to on plaiat'ff'e property in December last. Before they went on to it the orops were in good condition, but now about four acres of oats, worth about L 4 per acre, were not worth cutting. — John Kilkelly, who was working on the road near plaintiff's property, gave corroborative evidence. He had aeen a stack of hay on plaintiff's land which had been partly destroyed by defendants' horses. It was worth about L 6 Veforo it had been damaged. — Jol.n Cavanagb stated that on the 10th innt. he hid inspected the damaged crop which was not worth cutting, as the heads had been eaten off. — Tootnas Kilkelly deposed that he saw a youag bull belonging to defendant on plaintiff's ground some tim« ago, but did not know of any damage it had done. — Mr Wade said that the defendant bad been singled out from the firm as a piece of epitfl on th 9 part of the plaintiff. He referred to the neglecttd state of the plaintiff's fences and gates, an-1 poiat«d out that the defendant admitted tua' his horses had on two occasions tre*pa*Rc'd, but that there had been no crop for them to damage He called for tha defence, Thomas Hay, who stated that ha was bullock driver for the defendant's firm. He bad never known the horses to bo long on defendant's land, and if they were they were brought back immediately they wore discovered. A youDg steer had strayed away for sometime aaH could not be found. —His Worship said that there was no doubt that tho horses had trespassed and caused *a good deal of derange to the plaintiff's crops and h.ty. He would givo judgment for plaintiff for L2O ; with costs, L 7 7s. Fraser v. Kung Wha. Mr Finn for defendant. Claim, LI 12s 61. — Dafen^ant admitted indebtedness to the amount of 19s, but denied owing any more. — After bearing evidence, judgment was given foi plaintiff for 19s.