DISTRICT COURT.

Grey River Argus, Volume XII, Issue 1418, 15 February 1873, Page 2

DISTRICT COURT.

(Before His Honor Judge Harvey.) Friday, February" 14. Montgomery v. Ashtori. — This was a claim of L4O for trespass by the defendant's horses and men on the plaintiff's ' tramway, and also damages for anassault. Messrs Newton and Gninness appeared for the plaintiff, and Messrs South and. - Perkins for the defence. A preliminary objection was taken to the particulars of demand as put in, as not being sufficiently / explicit to enable the defendant to plead. The Judge said the particulars of demand placed before him were prepared in a most slovenly manner and were not intelligible. It was not respectful to the Court that such a document should come out of the office of a professional man. Mr Guinness explained that the particulars were drawn up by the plaintiff himself, with the exception of two lines which he he had interpolated, and the reason why it had been sent in in that form Was, that there was no time to draw up fresh particulars before the sitting of the Court. No disrespect was meant to the Court, as it was all along understood that Ihe defendant could not deny the trespass, and that he was well aware of having committed the assault. If any of the particulars were not sufficient, he asked that they might be struck out. Mr Perkins replied that he had been compelled to plead in the dark as he could not find from the particulars on whose land these trespasses were committed, when committed, and by whom. It was probable they were committed by travellers on Ashton's horses. The Judge said the particulars were not sufficient, and the case would be ad- ; journed for fresh particulars stating fully the places where these trespasses were committed, the time, the persons, or by whose orders. Adjourned to the 28th February, the costs of the adjournment to be costs in the cause. ' In Bankruptcy. Re James BERGiN.-^-This was an adjourned application for final discharge. The bankrupt appeared, and Mr Guinness for him. Mr Newton appeared for some the creditors. The property in dispute T in the estate is a house which it appeared had. not been given up to the trustee. The bankrupt said he had never been asked to give it up, but the Judge informed him it was his duty to give his property up to the trustee, not for the trustee to be running over the country after him. The Court ordered .that the house be given up, and when that waa done the bankrupt could apply for bis discharge. The bankrupt said he was willing to give up the house, but it was' not his. The Judge said he did not believe the statement. The house was bought by bankrupt's wife, and of course was his property. This was a mere attempt to hoodwink the Court, and as he would not allow the Court to be trifled with in that fashion, bankrupt's certificate would be suspended for three years. Final orders of discharge were granted to Edward Hankins, Robert Card, Peter M'Mahon, and W. S. Crawford. The applications of John Taggart and Patrick Crawford were struck off the list, there being no appearance of these bank^ rupts. , ■ ' Re Mms Magennis D,ixon.— Mr. Guinness applied for the bankrupts final order of discharge,. Mr Perkins appeared for J, . Hamilton" and Cfo., ihe opposujg creditors. The bankrupt had been a con. tractor with one Pollack, at Marsden, aud afterwards .with one M'Connon for building a bridge on the Arnold road, and also a house for Mr Garven. Between the two partnership accounts and the defendant's own private account, the transactions were gone into at considerable length, but yras not completed in consequence of the absence of Mr Hamilton. We withhold the evidence until it can be published at length. The case was adjourned to the 28th inst. for an amended statement of accounts to be filed. The Court then adjourned to the 28th inst.