CIVIL SIDE.

Thames Star, Volume III, Issue 1692, 5 June 1874, Page 2

CIVIL SIDE.

Lamb Bros. v. A* McMillan—A claim of £7 3s for dishonored cheque. No appearance of defendant. Peter Lamb proved the debt. - Judgment for plaintiffs, with costs £1 4s. ; j Wade r. D.-.Bale. = Adjourned fora month in order that communication may be had with a party to the case residing afcGisbbrne,^Poverty-Bay 1. ; - •'.: t John Leith r. John Mullins—A claim' of £4 4s 5d for goods supplied. No apapearance of defendant. Judgment for plaintiff £4 4s sd, and costs £111s. j

Defended Casb. cha.s. wcdoknbll v. m. c. hanham.

"; A claim of £2 I7s'9di for goods supplied. Mr. Tyler for' defendant, • A set-off of 14s 3d was put in, also 5s paid jnto Court. No appearance of plaintiff, r - James Butler. Stoney, sworn, deposed —I am Clerk of the Court at Shortland. I know the. plaintiff in this action. He came to me yesterday at 4 p.m. and asked me if any money had beenpaid_ into, Court in ms case. He asked me ifhe took the money out if that would debar him from proceeding with the action. I told him it would not, he could have it whenever he liked. He did not in actual words say he would proceed, but implied as much. .

Judgment for the amount paid into Court, without costs.

Mr. Tyler submitted to His Worship that it was a hard case for a defendant to have, to employ, counsel, and, as in similar cases, costs could not be given when there was no-appearance of the plaintiff. His Worship concurred, and thought that a rale should be mad© to meet such cases..... .-.■•'-;' -■■-„ r" .. ' :■• , •

Court adjourned