The Contractors' Lien Case

Southland Times, Issue 19264, 30 January 1904, Page 4

The Contractors' Lien Case

At the Magistrates* Court yesterday. ! 1 before Mr S. E. McCarthy, S.M.. a final |, point was roached in th© series of cases, j Bmith and others v. John McNab, which j i havo been before tho Court at various times for months past. It had now to bo ; decided what course was to be pursued : whether his Worship should enter up judgment, or Btato a special caso for reference to the Appeal Court, upon, tho opinion of which judgment would bo founded. Messrs Rattray and W. Mfecalistcr stated that their clients would not. agree to tho latter course being taken, and in tho face of this objection his WorBhip entered up judgment, tho ordinary right of appeal being reserved. The judgment was in the form of an order- against John McJTtab*, for whom Mr W. Russell appeared, to pay the plaintiffs tho following sums :— Smith and Co. (Mr Maealister), £33 4s 6d, costs £1 17s ; R. G. Speirs (Mr Rattray), £29 ICs sd, costs £1 10s ; J. S. Willett (Mr Maealister), £14 9s Gd, casts £2 13s ; Timpany Bros- OVIr Maealister), £43 ITs, costs £4 5s ; C. Myers and Sons (Mr Longuet), £38 2s, costs £4 9s ; Southland Sawmilling Co. (Mr Maealister) , £60 13s Sd, costs £0 9s Gd ; Geo. Duth o (Mr A. Macdonald), £11 I7*s sd, costs £2 9s. The costs defendant was ordered to pay personally, not out of tho contract moneys. The time within which appenl must bo lodged was oxtended from 7 to 14 days to suit the convenience of solicitors. !