Co Londonderry
Quarter Sessions 2nd day Thursday. Dr. ELRINGTON, Q.C., Recorder, resumed the business of these Sessions Thursday, at 10:30 o’clock. The cases heard during the day were chiefly of an uninteresting nature. At the sitting Court Recorder took up the - Ejectments of George TOMPKINS, Samuel HANNA, Alex. M'NEILL, John CRAIGG, Edward WILSON, Thos. WHITE, Joseph BOYCE, and Ann CRAIG. The ejectments in these cases were brought to recover possession of the lands held by the defendants, at Kilnappy and Mobuoy. The lands were formerly held under lease, and the lease having expired a short time ago, increased rents were demanded. The tenants refused to pay the increased rents applied for, stating that they would willingly submit to an increase 20 %, or refer the matter to 2 surveyors- one to be named by the tenants, and other to be selected by the landlord. This proposal was not concurred in by the landlord, who now sought to recover possession of the lands. Mr. HENRY (who appeared for the defendants) stated that he would be glad if his Worship would grant a stay of execution, to give his clients time to file land claims. The Recorder said he would grant decrees for possession, subject to the stay of execution applied for by Mr. HENRY. Dr. M'CAY, solicitor, appeared for the landlord. civil bills Q. J. BROWNRIGG, C. I., vs. Samuel OSBORNE The process in this case was brought to recover damages on the ground that a mare, the property of the plaintiff, had been kicked and injured by a horse belonging to the defendant. It appeared, during the progress the case, that the plaintiff’s mare had been at grass on defendant’s lands, and that it was while she was under the defendant’s care the injuries complained of were inflicted. The Recorder granted a decree for £6, Mr. D. R. BABINGTON appeared for plaintiff. Mr. Michael HENRY was for defendant. Samuel OSBORNE v. Q. J. BROWNRIGG Brownrigg, C.I. This was a cross-process at the suit of the defendant in the last case to recover £8, the amount claimed by him for grazing the defendant’s mare. After hearing the facts, the Recorder granted a decree for £2 2s. Mr. Michael HENRY appeared for plaintiff, and Mr. D. R. BABINGTON for defendant. Thomas ANDERSON and James ANDERSON v. Patrick CANNING The process was brought to recover 3£ 3s 5d. for goods sold and delivered by the plaintiff to the defendant. The defendant stated that his daughter had received a portion of the goods, for which, he contended, he was in no way liable, and with regard to the other portion, which, he said, had been delivered to his wife, he also denied his liability, pleading as his defence, that he had noticed the public, through the Press, to give no goods on credit to his wife. The Recorder, after hearing this s. tatement deposed to, said he would dismiss the process on the merits. Attorney for plaintiffs - Mr. A. MUNNFor defendant - Mr. J. W. HANRAHAN David BRADLEY and Patrick BRADLEY v. Charles BLANEY This was process to recover 5£ 10s for goods sold and delivered. Mr. HANRAHAN elicited during the hearing of the case that the plaintiffs had given a bill of sale on their premises, &c., to Edward LYNCH and the Recorder adjourned the case for the production of the bill of sale. 3rd day- Friday Mary CUTHBERT v. James MULLAN This was a process for £l0 damages for trespass, by defendant placing a quantity of stones on plaintiff's ground at Workhouse road Waterside. The question turned on the measurement of ground contained in plaintiff's and defendant’s leases respectively. The Recorder stated could not try the question in a process for damages, and that an ejectment was the proper form. The case was dismissed without prejudice. Mr. BABINGTON appeared for the plaintiff Mr. HENRY for defendant. James BOYLE v. James DOHERTY Plaintiff processed defendant for commission for collection of accounts, which he stated he collected from a party in Raphoe. It appeared plaintiff had previously taken a sum of 10s. in full satisfaction of the amount due, and the case was dismissed. Mr. HANRAHAN appeared for plaintiff, and Mr. M’CAFFERTY for defendant. John DOLLAR v. William GARVAN This was process was for 4£ 10s. for grazing. Plaintiff alleged that defendant put 3 head of cattle to graze on his land, at various times, till the end of the season on 1st November, at 15s per month; that when the good grass was over, on the 6th September, he took them off, and refused to pay for the 2 months of September and October. Defendant alleged that the agreement was so that he could take the cattle off at the end month, and that plaintiff said, when he paid him, he was agreeable to the sum then paid, and gave him a receipt for it in full. On cross-examination, defendant produced the receipt, which was for a "moiety" of the sum due. The Recorder said, after seeing the receipt, he would not believe a word the defendant had sworn, and gave a decree for the amount claimed. Mr. BABINGTON appeared for plaintiff, and Mr. HANRAHAN for defendant. transcribed by Teena from the 24 January 1880 edition of the Londonderry Sentinel -- www.cotyrone.com http://lists.cotyrone.com/mailman/listinfo/ulsterancestry https://www.facebook.com/groups/CoTyroneIrelandGenealogy/ _______________________________________________ UlsterAncestry@cotyrone.com UlsterAncestry Mailing List Searchable Archives: https://www.mail-archive.com/ulsterancestry@cotyrone.com/ http://lists.cotyrone.com/mailman/listinfo/ulsterancestry Website: https://cotyrone.com Facebook: https://www.facebook.com/groups/CoTyroneIrelandGenealogy/
