SUPREME COURT.

Globe, Volume XXI, Issue 1737, 13 September 1879, Page 3

SUPREME COURT.

SITTINGS IN CHAMBERS. Friday, Sept. 12. [Before His Honor Mr Justice Johnston,] His Honor sat in the Court Chambers at 11 n.m. BE WALTER CLEMENT BtTBD, Mr Edwards applied for an order for the discharge of the debtor. His Honor made the order. BE SOUrHBEIDGE BACON-CUBING COMPANY. Mr Thomas applied for an order appointing L. V. Desborough official liquidator of the said Company. His Honor made the order. COULTER V PEIBDLANDHK AND OTHEBS, Mr O’Reilly appeared in this case, which was an interpleader action. It appeared that the respondents obtained judgment against Hanna and Company, and issued a distress warrant, which was executed upon the goods of the appellant, who had nothing whatever to do with the execution debtors. The warrant was quashed by Mr Guinness, R.M , and Mr O’Reilly now applied for payment of the proceeds out of Court. His Honor pointed out that Mr O’Reilly bad not taken the right course. Ho should have objected to the warrant as being bad. It was not a question for interpleader. The bailiff had a warrant against the goods of one George Coulter, and it was not his business that the George Coulter whose property had been distrained upon was not a party to the suit.

Mr O’Reilly submitted that Coulter had not been served with process, as the affidavit on the back of the summons showed that it had been served on Hanna only. [Cited sections R.M. Act to show that persons must be served with process before warrant could be issued.] The money, the proceeds of the sale of Coulter’s property, was in Court, and now they asked that it should be handed over to the appellant. Mr Joynt contra, submitted that the question was whether Mr Guinness should proceed in an interpleader at the suit of Coulter when he was a party to the proceedings. As to the money in Court, it was tho property of the execution creditor, and it was for the other side to show that it was not. He contended that there was no power, either in the Court below or the Supremo Court, to impound the money in Court. His Honor pointed out that there could be no cause for prohibiting the Magistrate, the execution had issued, and the whole proceedings, so far as the Magistrate was concerned, closed. Mr Joynt was prepared to admit, if the facts stated by Mr O’Reilly were correct, that a great injustice had been done, but then Coulter had his remedy, but it was one entirely different to an interpleader suit. His Honor said that he held that the Magistrate had no jurisdiction under the Interpleader Act to deal with the matter. Rule for prohibiting Mr Guinness to go further in interpleader suit to issue.

BE WILL OF CHARLES PEAGBAM, DECEASED. Mr Thomas applied for the appointment of a new trustee herein, the trustee appointed being about to remove to parts beyond seas. Mr Slater appeared to consent on behalf of the residuary legatee. His Honor made the order appointing Mr J, Biron as trustee.