Untitled

Star (Christchurch), Issue 6380, 27 October 1888, Page 3

MAGISTRATE'S COURT.

CHRISTCHUECH. "r This Dat. (Before E. Beethara, EEq.> E.M.) Civil Case. — Johnston, Wood and Co. v. Baynes Bros., claim £6 8s Bd. Mr Deacon for plaintiffs; MrLonghrey for defendants. MrJDeacon. applied for a rehearing of the case. Mr Loughrey objected. At the previous hearing of the case in the Resident Magistrate's Court, plaintiffs obtained judgment for the amount of the claim and costs. Against this decision the defendants appealed to the Supreme-Court, •where the Magisterial' decision was reversed. Mr Loughrey objected to the application, and stated that the plaintiffs were estopped from further action in the case by the decision of the superior Court, and were barred from an application for a rehearing. He quoted from Smith's Leading Cases, Eighth Edition, Vol. 11., Duchess of Kingston's Case ; and Huffer v. Allen, Vol. 11., Exchequer Eeports, fol. 215, and other authorities. Mr Deacon argued that the fact that the .case was heard under the Magistrates' Act did not preclude him from taking all available remedies. He cited Groome v. Macrae, N.Z. Jurist, fol. 62. The Magistrate ruled that the decision of the Supreme Court decided cases brought from the E.M. Court. It would be a dangerous precedent to allow rehearing of such a case, and once allowed, there would be no finality to such proceedings. Application refused. No order as to costs. Maintenance Case. — M. E. Cliffe v. Mary Margetts. In this case complainant applied to be relieved of a child placed in her hands by defendant, the mother, on the ground that the mother had failed to pay maintenance as agreed upon. Mr Slater appeared for the complainant. The child's mother appeared in Court, and Mrs Cliffe handed the youngster over to its natural parent. Pawnbroker's Licensk.— A pawnbroker's license waß granted to Samuel Cohen.