SUPREME COURT.

Globe, Volume XXII, Issue 2026, 21 August 1880, Page 3

SUPREME COURT.

SITTINGS IN OHAMBEES. Fbiday, August 20. [Before His Honor Mr Justice Johnston.] His Honor sat in the Court Chambers at 11 a.m. EK JOHN MCMEIXON. In this case a rule nisi had been granted calling upon the debtor to show cause why he should not be attached for contempt of Court. The rule was returnable at the present ohamber sittings, but there was no appearance of the debtor. Mr Salter now moved to make the rule absolute. His Honor made the rule absolute for attachment of the debtor bb prayed. At a later stage of the proceedings, Mr Spackman attended and Btated that the debtor was an ignorant man, and no hour was mentioned in the order which was served on him.

His Honor said that as the debtor was in attendance, the question might be re-opened. Mr Spackman eaid the cause the debtor had to show was that he had received a telegram from the trustees instructing him to hold possession of the goods. A man the next morning waited on the debtor, and without showing him any authority required possession of the goods. The debtor, believing the man not to be entitled to the goods, turned him off the ground. Mr Salter read the affidavit from the trustee, in which he stated that application had been made by him to the debtor for possession of the'property, but he refused to give it up. The bankrupt said that the property sought to be recovered by the trustee was on land belonging to his wife, which land had been settled on her by his brother. His wife stuck to tho timber, nails, &c, because the creditors had left him nothing to provide for his wife and family. His Honor—That means that your wife and yourself agreed to swindle your creditors. The present of land made to your wife does not enable you to take this timber, nails, &c, which the trustee wants, The property is that of your creditors. Mr Spackman said that the debtor was willing to give up tho goods required by the trustee.

His Honor said that perhaps it would be as well if the trustee were examined.

Frederick Charles Richardson, trustee in the estate, gave evidence that he had applied three times for the goods, and had been refused.

His Honor asked the debtor whether he was prepared to give up the goods. The debtor said he was willing to give up the goods if his wife would allow him.

His Honor said that if the man allowed his wife to come between his creditors and himself, he must be prepared to take the consequences. The order would be that the debtor would bo attached unless the goods mentioned in the bailiff's list were given up before the 23rd instant. BE W. H. 1. HOE. In this case, on the petition of John T. Ford and C. H. Newton, creditors of the dobtor, an order was made calling upon the dobtor to show cause why he should not be adjudged as a bankrupt. Mr George Harper applied now on behalf of the creditors for an order declaring the debtor a bankrupt. The debtor did not appear, and his Honor made an order declaring him bankrupt, to surrender on the 27th instant, SOIIBBVILLB T TANOBED AMD OTHEB9. Mr George Harper applied for an order appointing George Fhipps Williams, as next friend of Bertha Evelina Somerville, to defend the action herein, and for the appointment of George Fhipps Williams as guardian ad litem of W. T. Somerville. His Honor made the order as prayed. BE C. "P. EAKKEB. Mr George Harper applied herein for an order declaring a deed of arrangement duly executed, by whioh the debtor offered a composition of Is in the £, together with the costs. His Honor pointed out that there must be an affidavit filed snowing the execution of the deed in conformity with the resolution passed at the meeting of creditors, or he could not havo judicial notice of the deed. The case stood over for filing of an affidavit as suggested. YOUNG V. HILL AND OTHEBS. Mr JoyDt applied for an order issuing interrogatories to John Tucker Ford and Charles Newton, defendants herein, to be answered within ten days. Mr Harper appeared for the defendants, and stated that there was no objection on their part to answer the first six interrogatories. The seventh and other interrogatories were objected to. Eis Honor took time to consider. WILSON V DANN. Mr Joynt applied herein for settlement of issues, and fixing of time and place of trial. Mr Bruges appeared for the defendant, and consented to the proposed issues. The issues were settled, and the trial fixed for next sittings at Christchurch at nisi prius, by special jury. BE THOMAS AND MACNAMABA. The debtors in person applied for their order of discharge. His Honor made the order as prayed. WEIGHT V WILSON. Mr Joynt applied herein that the minutes of decree in this case be settled. Mr Oowlishaw, for defendant, objected to the minute as to coots, as ihe time had not yet arrived under rule 239. After argument, His Honor ruled against Mr Cowlishaw, and made an order approving of the decree. BE JOB HOEEELL. Mr Turnbull applied heroin for the discharge of the debtor. His Honor made tho order as prayed. BE WILLIAM MALTBY. Mr Holmes applied herein for the discharge of tho debtor. Hia Honor made tho order. BE BBBIAH EOBINSON. On tho application of Mr Holmes, His Honor made a similar order herein. The Court then rose.