MAGISTERIAL.

Star (Christchurch), Issue 7009, 13 November 1890, Page 3

MAGISTERIAL.

CHRISTCHURCH. This Day. (Before R. Beetham, Esq., R.M.) Civil Cases. — Judgment was givon for plaintiff by default in the following cases, for th« amount claimed with costs .- — New Zealand Mutual Creditoro' Association, Limited, v. Hendeison, claim £1-1 2s ; Long v. Siapleton, claim £3 ; Beaven v. Halpin, claim £7 10s j Conway v. Ilaynes, claim £1 11s 6d. — Patrick v. Litolf, claim £& 15a 6d, commission on letting a property. Mr Creaswell for defendant. The claim was for damages in consequence of an alleged breach of agreement ; but as there was no agreement in writing, his Worship held that under the Statute of Frauds the action could not be sustained, and nonsuited plaintiff with costs. — Kollitt v. Howison and Abdul Rahman v. Booty Sircar were adjourned till Nov. 20.— 1n Hopkins v. Staniland plaintiff did not appear. The case was struck out ; and Mr Flesher, for defendant, obtained an order for £1 15s costs. Judgment Summons Cases. — Lascelleß and Co. v. Glazebrook, claim £1 18 a Od, and costs 7s. Mr Bruges for judgment creditor. Defendant appeared and was examined. Hiß Worship held the ability to pay not proved. The case was adjourned till Nov. to enable Mr Bruges to produce a witness. — Lyttcl* ton Times Company v. S. D. Nathan, claim £29 17s Id, and costs £1 ; Mr Byrne for plaintiff ; Mr Cresßwell for defendant. When Mr Byrne commenced to examine the debtor, Mr Cres9wcll objected to any evidence as to fraud, on the ground that there was no power to amend the summons as had been done. After hearing argument, his Worship held that he had no power to amend. It was open to the judgment creditor to iesue a fresh summons, but he could make no order upon the case before him.