DISTRICT COURT, CROMWELL.

Dunstan Times, Issue 799, 10 August 1877, Page 3

DISTRICT COURT, CROMWELL.

—o— Thursday, August 9th, 1877. '(Before Ilia Honor Judge Haivcy, District Judge.) Colclnngh (Trustee in the Estate of David ■Jones) v. Corse. Mr P. J. Wilson for plaintiff; Mr H. J. Finn for defendant. This ’was a case adjourned from the last sitting of the Court, to permit of proof beung shown When the filing of a petition in Bankruptcy in the insolvent estate of Dsvid Jones was effected. Tno declaration was sworn to have been filed on Wednesday, the 10th January. Plaintiff alleged that it had been sworn on the 10th, and filed on the 11th. The suit was to recover possession of a, piano, value LSO, alleged to have been removed from bankrupt’s premises after the declaration was filed. Arthur D. Harvey, Clerk to'the District Court, at Clyde, proved that the entry of filing of the declaration in the Cromwell Court book was in his hand-writing. The record showed the filing of the document to have been effected cm the 10th January, t Was not in Cromwell on the lOtb or 11th, but was on the 12th and 13th, when I must have made the entry. I suppose from the fact of my making the entry at that date that the documents Were then handed to me. I was acting for Mr Dalgliesh, the Clerk of the Cromwell Court, who was unwell at the time. Believe the papers were handed to me by the bailiff. Frcdk. Jeffries, Bailiff to District Court, Cromwell, deposed that on Wednesday, the loth January last Mr F. J. Wilson handed to him some papers in the estate. of David Jones, asking witness to get them signed by Mr Dalgliesh. I sent the necessary advertisement to the Dunstan Times the same evening. Mr Dalgliesh was unwell, and did not come to the office until the following 'day, and desired mo to ask Mr Harvey to feiako a minute in the Court Book that the

declaration was tiled on tho 10th January. Mr Dalgliesh signed tho papers that! prosanlod to him at his room at tho Cromwell Hotel. It was in tho evening, directly after ho arrived from Clyde by tho coach, I think I put the seals on tho papers, but 1 will not be positive. S. M. Dalgliesb, Clerk to tho District Court deposed, that tin KPh January he returned to Cromwell by conch. Was unwell. The bailiff came to him with tho papers in Jones’ estate. Cattle to tho office on the 11th, and directed the Bailiff to ask Mr Harvey to attend to them. David Jones, tho bankrupt, deposed— Delivered the piano to defendant at 4 o’clock in tho afternoon of the 10th. It was on the same day that I filed. I did not put the piano in my assets, as it was sold long before. His Honor was Of opinion that the leaving of tho documents on the Court table was not a filing, and thought he must find for defendant. At this juncture Mr Wilson, at the request of plaintiff, applied for a fttn-suit, as he would prove that the statement of bankrupt was incorrect.—Granted, With costs, LS 14s. In Bankruptcy. George Burrows obtained certificate of discharge. The Judge complimented the Trustee upon the satisfactory nature of the report. The'Ootot'then adjourned. CLYDE. Monday, August G, 1877. J. Launy v. J. Hally. Claim L 172. Mr E, J. Wilson for'plaintiff. This was an adjourned case from tho last sitting of the Court to enable the defendant to amend his set-off, which was L2OS. Evidence on items of set-off was taken, and a verdict recorded for the plaintiff for L 65 25., Costs of Court, L2 45,, aud professional fee LC 6s.