THE TALE OF A BULL.

Waipa Post, Volume XII, Issue 944, 20 May 1920, Page 5

THE TALE OF A BULL.

HAMERTON V. MONTEFIORE.

JUDGMENT FOR PLAINTIFF.

The long adjourned case of J. H. Hamerton (Mr Lewis) v. J. C. Montefiore (Mr McCarter), which has been occupying the attention of Mr Burton S.M., since December, was brought to finality on Tuesday. The case was for the alleged illegal impou.. ing of a bull, which defendant clan :d had broken into his property ana damaged two prize heifers. The claim against the defendant Monteiiore was for £5 17s special damages, being moneys paid, and £lO general damages.

The k defence put forward by Mr McCarter was res judicata. Evidence was given by Mr J. F. Bieliler, poundkeeper, of Te Awamutu, to the effect that the bull had been impounded. It was further stated in evidence that the case had previously been dismissed, and that evidence had determined the question of jurisdiction. It was stated that the fence between the adjoining properties of Hamerton and Monteiiore had been for some time past in very bad repair, and thus the bull had been able to start the trouble by going among defendant’s heifers, causing defendant to impound the animal. After legal argument on the point res judicata, judgment was given for plaintiff costs to be assessed by both parties.