The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-09-25 00:00:00

anb pistritt

COUNTY COURT.

Palmer and Wife v. Minor. —ln this ease,
which was set down for bearing on Wednesday
last, Mr. Godson, the Deputy-Judge, said be
had been enaaged in a ease at the Aseibes for
. .

the plaintiff, and therefore must decline to hear
the Case. If he were to try the case, and give
his judgment, persons might say that he was
interested in the Case. Mr, Young, who ap-

peared for the plaintiff. asked the Judge to fix
a time that the ease might be taken. Mr. God-
son said he would write to Mr. Dinsdale, and ask
bins to fix a time to take it. Mr. Mntterarn, who
_ .

defended, said he quite concurred in what Mr.
Young had done. He thought it very desirable
that a time should be fixed, as it was putting his
client, and also the plaintiff, to a good deal of
expense; and, as a jury was summoned, he
thought if Mr. Dinsdale would fix a time to take
it, and take it at the time fixed, the jury would
not be kept waiting. The Judge said he did not
think it possible to take the case before the next
Court day, but it might be fixed for some day in
October, the date to be fixed. It was ultimately
agreed that a special day should be fixed by the
, dodge to take the case, notice to be given by
I the Judge to the solicitors.

Mr, Prescott rose and naked hia Honour what
about his ease against Mr. King.—His Honour
said he shonld refuse to hear that on the same
grounds. Not only that, but he was informed
that the ease was not on'the list. Mr. Dinsdale
had lidormed him that the cage had been re-
moved by no, tiovtre to a superior cruet; there.
fore, it was out of lifs hands.—Mr. Preseott Raid
it was a very hard ease for bins—The Judge
said he could not help that, as the cage had been
removad to a superior court.
Raort,; V. Peartana.—This was an action to
recover the suns of £l. Mr. Perry appeared for
the plaintiff, and Mr. Prescott for the defend.
ant.
Mr. Perry, in opening, said the plaintiff lived
at Clent, and the defendant was a farmer also
living at Clent. The action was to recover the
sum of £l, money had and received by the de-
fendant, who occupied a field adjoining the
plaintiff's. During the last harvest the defend-
ant applied to the plaintiff to be allowed to take
some wheat through the plaintiffs field. The
plaintiff gave permission. There being no gate,
defendant had to make a gap to take the wheat
through, and the least the defendant could do
was to make it good again. In consequence of
the hedge not being made good, plaintiff's cattle
got into the defendant's field. Defendant dis-
trained them, and demanded £1 the for damage
done by them. Plaintiff paid the money under
protest. According to common law, when a dis-
tress was made, they were bound to take the
cattle to the pound. This was not done. Mr.
Perry then quoted several eases in support of
his argument.
Mr. Prescott said the cage was not maintain-
able, as plaintiff must cept.'rea. They did not
know that Mr. Roberts owned the field.
His Honour Raid it was for Mr. Perry to prove
his case. If he did not, he should nonsilit him.
Thoniaa Cooper said: I am bailiff to Mr. Al-
fred Roberts, who occupies some land at Clent.
Defendant also occupies land at Clent. Just
before harvest I saw the defendant, who asked
him for the key of a gate. I saw some wheat
drawn from defendant's field into plaintiff's field.
Defendant took a portion of a hedge away to
get his wheat through the field. I saw some of
plaintiff't cattle in defendant's field. Was pre-
sent when Mr. Oscar Wilson Roberts went to
fetch them away. Defendant asked for a for
damage done, and Mr. Roberts paid it, but could
not recollect the words used. He did not want
to pay it, and said he should bring bins to the
Court.
Cross-examined: I have been bailiff for plain-
tiff for three or four months. I have 12s per
week, and make it up a pound. Plaintiff did not
refuse to give up the key to the defendant. Mr.
Oscar Roberts has the management of the farm.
Ile is also a lawyer with Mr. Harward.
Mr. Prescott: A lawyer's clerk
Witness: Yes. Mr. Roberts said he thought
Is would be sufficient. Mr. Pearinan said he
had ought to have charged him L.
This witness gave his evidence in such a con-
tradictory manner that he was cautioned by the
Judge not to take ale the next time he gave evi-
dence in Court, as his head would be much
clearer.
John Phippa, ploughman for plaintiff, said the
cows were not in defendant's field more than a
quarter of an hour. There had been a gate pre.
viously where the gap was made.
John Taylor, a youth, said he saw the cows go
int., the defendant's field. They went through
the gap mad.. by Mr. P,:truian in taking hit
wheat through. Mr. Roberts paid Li under
protest, as he said it was too much.
Oscar Wilson Roberts said he was brother to
the plaintiff, and gave the defendant fl under
protest, I. Cause defendant refused to let him
have the cattle that was in his field.