MAGISTERIAL

Timaru Herald, Volume L, Issue 4868, 13 June 1890, Page 3

MAGISTERIAL

GBRALDIN.K-WBDBBSDAY, JOKU lITII. (Boforo 0. A, Wrny, Esq., R.M. ) Civit, OABKa. B, H. Postlethwoito v. J. M. Shophord. Mr II »y for plaintiff. Judgment by default. Wroathall Bros. v. T. H. Wißley— Clnim £68 10», for pigs alleged to bavo boon destroyed by defendant. A set off had boen (llod for£UOby defendant, for damngos alloyed to have boon sustained through plaintiff's pign trospusbing on his land. Tbo evidence of witnossen for plaintiff occupied tho Court till tho adjournment., iiud on the Court reeuminf;, it won elated by Mr Hay tlmt both parties Imrt sinoo tho rising of the court, settled both cusen, dofandant agreeing to pny £88 10«, toßclhor with witnones' costs amounting to £3 ss, Bolicitor's foe £2 2a, and court ooets £3 13s. (Ucforo tho Resident Magittrato, Mr 11. W. Hooroand Hon. T. H. Wigloy). Miohapf Connolly cued John Albert for £i 13s, being balance of amount etated to bo duo for eet uf harnoss. Mr F. Wilson Smith for plaintiff, and Mr Hay for dofondant, 'i'he latter had died a sot off for 110 hours o^erlimo. Tiio plointis,depoiml t,)iut during iiffi Hrno. defsu'daot workccl (or' him If 1 } purcbuejd a

set of luirnoss from him, but had not paid for it.. Ultimately plaintiff bad to deduct it out of Ilia wnjjo:). When they squared their nocounts between them defendant owed him £2 Ilia. On hi) suininonting defendant tlm tho laltor sent him an account for overtime work which ho had never agreed to. Defendant doponod to his totting overtimes, und plaintiff had paid him certain amounts for overtiino work till tho end of July last. Ab there- evidently was a misunderstanding between them m regard to overtime and value of tho harness tho defendant cnllod Honry Parker, who gave evidence ns to tho value, of the latter, and Albert Wilka atated ho had worked m the shop with defendant at a time when he was working till 0 and 10 o'olock. Tho ,Bonch after hearing considerable evideuco gavo judgment for £1 3s, and did not consider that it had been shown that payment was to hare been given for overtime, Mr F. Wilson-Smith was allowed £1 la solicitor's fee.