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Show Action by a Southern Draper. On Tuesday In the king's bench division, di-vision, before Mr. Justice Gibson, Mr. Justice Barton and Mr. Justice Wright, the case of Twomey v. Massy was listed on a motion on behalf of the plaintiff for final judgment, and a cross-motion by the defendant to remit re-mit the action for, trial , to the county court judge at Macroom. The plaintiff is a draper, residing at Macroom, and the defendant is Hugh Hutchinson Massy. The action is brought to recover re-cover 48, the amount of two promissory prom-issory notes, passed by the plaintiff for goods sold and cash lent. Mr. Justice Gibson What is the nature na-ture of the defense? Mr. Fleming (instructed by Mr. M. Purcell) for the plaintiff He suggests that at the time he was getting the goods he was under the influence of drink (laughter). He urges that class of defense to every process brought against him. Mr. Justice Gibson It may be a true defense all the same. Mr. Fleming There are sheafs of de- i crees against him and the sheriff cannot can-not levy anything against him. Mr. Justice Gibson The defense of intemperance is lamentable; but it maybe may-be a true defense. Mr. James Sheehan (instructed by-Mr. by-Mr. Ashe, solicitor, Macroom) moved the cross-motion. The court directed tlat the action be tried at the next Cork assizes, without pleadings, before a judge, without a jury. |