DISTRICT COURT.

Ashburton Guardian, Volume V, Issue 1278, 12 June 1884, Page 2

DISTRICT COURT.

ASH b 0 iITON. —To-day. [Before His Honor Judge Ward.] in bankritmcy— public examtna* lO'»si. 'j he following debtors c?.m§ ud for i heir public examination, but no creditors appeared, viz:—Lee Goon, N. Welsh, H. Knight, and P. Husband. In the case of W. Godso, h's Honor pointed out that the 43rd section of the Bankruptcy Act required that the debtor should die in a Court within the disirict where he had carried on business for the treater part of the six months immediately preceding the time whan the petition is filed. This did not appear to have been done in the present case, and his Honor determined that the Court had no jurisdiction. ADJUDICATION. Pobert Anderson was adjudicated a bankrupt. solicitor’s costs. Mr Parnell applied for an order for payment of costs to the Deputy-Official Assignee’s solicitor. The order was granted. APPLICATION FOR DISCHARGE. Mr Oaygill asked to hare the application for the discharge of Thomas Mutter adjourned until next Court day. CIVIL CASE. Dooley, Coulter and Plinth v Dunn and Saunders, claim Ll9l 8s 8d. —Mr McConneU appeared for the plaintiff. Messrs Joynt and Adams had "filed the defence for t-be defendant, but did not appear. Mr Caygill as amicus cnrice said that he understood that the {conduct of this case had been committed to Messrs Joyut and Perceval by the defendant Dunn and the other defendant, Saunders, was absent in Southland, doubtless under the impression that his interests were bemg watched. After some consultation his Honor said that he would be compelled to go on with the c.-sa. William Smith said that he was one of the plaintiff's in this action. About Feb. last ho arranged with the defendant Dunn in writing to cut and tie about 300 acres of wheat at Longboach at 8s 6d per acre. Dunn instructed the witness and bis partners to go to Longbeach on 2nd Feb. They went on the 4th but found »o grain ready to cut. Grigg’s manager at Longbeach ordered the plain riffs to start cutting on tbs 7th, This was countermanded by Gcigg, and they eventually started on the.lo,h. On -he 11 h Grigg ordered the plaintiffs with their three machines off the land. They left and reached Ashbu ton about 9 o’clock in the evening, when they met the defendants, who wished them to return to Longbeach, and the following day it was arranged that the plaintiffs should return tb Longbeach, finish cutting there, and later on. have some cutting from the plaintiffs on the plains. They cut 218 acres at Longbeach, and then took their machines out of the paddock. Witness then told Duan that he was going to cut some crops on the plains, but Dunn asked him to remain and do more at Longbeach and he would give him 300 acres to cut at Chertsey. The plaintiffs consented. On the 27th Feb. Dunn engaged three machines from the plaintiffs to assist in cutting at Longbeuch, and the witness agreed to do ab ut a charge of L2 10s for each machine. Plaintiffs then cut 47£ acres at Dundas for the defendants, Plaindffs did not i cut 300 acres at Ghertsoy for defendants by which they (the plaintiffs) sustained • a loss of L4O. • A claitfl for the different amounts had been sent in to defon dants. The cutting at Chertsey was let to Perhatn at 7s 6d per acre. On the s„h March, Dunn had asked witness to cut the headlands left by Perhatn uncut. The first agreement with Dunn had been broken and set aside, and when plaintiffs returned to Longbeach it was under a distinctly fresh arrangement. Witness could have had catling at Ddndas if not engaged at Bbngboach. judgment for the amount claimed with costs.

Mr McConnell applied for immediate execut on, stating that Dunn had realised upon his properly and left the district. Smith was re-called and corroborated the statement made counsel, but his Honor said that nothing appeared in the evidence to justify the granting of the application Execution might be issued on the expiration of ten days.