Falmerston District Court

Feilding Star, Volume xv, Issue 335, 9 June 1894, Page 2

Falmerston District Court

♦ -. FRIDAY, June «th. (Before His Honor District Judge Kettle). v? Ut BAKKKUPTCY. Bo T. M. Jackson, of Birmingham, motion to annual bankruptcy* Mr HaggitU instructed by Mr Fitxhwrbert) appeared in support of the application, and Mr Cooke appeared for thjr petitioning creditors. Mr Baggittr based hi* application on the following grounds)— (l) That the debt for which Jackson bad been adjudicated a bankrupt was paid prior to the adjudication. (2) That the act of bankruptcy was not properly proved at the hearing ; and (3) that Jackson was and ie in a solvent position and able to pay his debts. After considerable evidence had been taken and counsel had addressed the Court, Mr QpoW offered to withdraw opposition to the bankruptcy being annulled if debtor would consent to pay the cost of the petition, &o This was accepted, and the bankruptcy was then declared annulled by His Honor, the costs to be taxed by the Clerk of the Court. His Honor further stated that it seemed perfectly clear to him that where'a debtor dijs not give notice, of his intgnjtion tp depute the facts jn the petition, the petition practically went by default, and the Court was justified in making the adjudication. . Re Chas. Grubb, application to vary an order of discharge made bj the Court. Mr Guy appeared for debtor* The application was agreed to. Be Walter A. Evensen, application for discharge — Mr Innes appeared for the debtor, and Mr Haggitt for Mr Lyon, one of the editors—Debtor ia reply to Mr Haggitt, said he had bees compelled to file through Mr £. Lyons suing him on a bill for £25. He was ' a married man with a family^and was at present workingfor small wsges at Cheltenham. The order of discharge was granted on condition that debtor/ paid as in tbg £ on all proved claims, in addition to what the estate, yielded .* Re F. rank Gay, application for discharge. — Struck out at the request of the D.O.A. " ' i Be Richard Geange t application for discharge —Struck out at the request of the D.Q.A.