OWNERSHIP OF BRICKS.

Waikato Times, Volume 112, Issue 18796, 18 November 1932, Page 6

OWNERSHIP OF BRICKS.

CABE AT MORRINBVILLE. AN IMPORTANT JUDGMENT. MORHINSVILLE, Friday. The ownership of a heap of 7000 bricks lying on a section in Canada Street, Morrlnsville, and supplied by J. J. Craig, Ltd., was the question which Mr Wyvern Wilson, S.M., was asked to decide in a complicated lawsuit at the last sitting of the Magistrate’s Court. The magistrate’s written decision was delivered in the Court to-day. When the bricks were unloaded on to the section so that a baker named W. Louden could build a bakehouse, a judgment creditor of Louden’s, named D. S. Wills, secured a warrant of distress Instructing the bailiff, Constable Heeps, to seize the bricks and satisfy the amount of the Judgment, an amount of about £22. On hearing of this J. J. Craig, Ltd., claimed possession of the bricks, contending that as yet the briolts were not Louden’s. The bailiff then Issued what is termed an " Interpleader summons,” In order to have the ownership of the bricks determined by a magistrate. The magistrate’s judgment intimates that the bricks were not seized according to the necessary procedure. Ills Worship concluded: "The bailiff’s summons is dismissed, as there has been no seizure. As to costs I follow the ruling in Searle v. Matthews: ‘ If the sheriff has unnecessarily caused any portion, of the costs he will not be entitled to recover and may be called upon to pay costs.’ The bailiff ig ordered to pay £i Is. I make no order for Craig’s costs, as the claim falls on the merits."