RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 2896, 31 May 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

Tins Day. (Before A. C. Strode, Esq., R.M.) Civil Cases. Godso v. Cornelius.—This was an answer to a fraud summons, in which the defendant was required to state upon oath the reason why he had nob satisfied a judgment of the Court. Mr Stewart, for the complainant, explained that the debt was partly contracted before he filed a petition in bankruptcy, and the remainder prior to his obtaining an order of discharge. The question was whether the discharge in bankruptcy acted as an estoppal to proceedings in the Magistrate s Court commenced after its date. He considered not, inasmuch as the discharge in bankruptcy had not been pleaded when the case came before the Court. Defendant could not avail himself of that plea as a justification for not complying with the order of the Court. The defendant, on being examined, said he was employed to deliver meat for a butcher at a weekly wage of 30s and his meat, out of which ha had to maintain a wife and one child. He did not pay L 7 14s, as it was in his schedule. He had paid LI out of LI 7s of a debt contracted during his bankruptcy, and was willing to pay the 7s. It cost him more money to go through the Court than would have paid his debts. His Worship took time to consider the point raised. Reany v. Reid—Ls for damages to garden crops through the trespass of defendant’s cattle. Mr Stewart for plaintiff; Mr Edward Cook for the defendant. Judgment for the defendant without costs. Hickey v. Muir—Ls for cattle trespass on plaintiff's land at Mornington. Mr Stewart for the plaintiff; Mr Edward Cook for the defendant. (Left sitting.)