SUPREME COURT, GREY.

Hokitika Guardian, 24 March 1917, Page 3

SUPREME COURT, GREY.

CREDITORS PETITION

At tlxt Supremo Court, Greymoutli, yesterday, a petition "as presented by fitprot Jeffries and Co., Hokitika to have Ivan Olson adjudged a bankrupt. Mr. F. D. Sargent, for defendant, raised preliminary objections, submitting that the tiling of the petition and tho issue of the summons should have been contemporaneous so far as the date was concerned; also that tho summons had boon unlawfully issued in that it had been signed by Mr. Mclndoe as Registrar. Mr M Hannan, for plantiff stated that in tho absence of the Registrar of tho Supreme Court the Deputy Registrar had signed tho document, and tho only semblance of irregularity was the ommission of the word “deputy,” although tho signatory was* really at the time the Registrar. In regard to divergent dates, of tiling and issuing documents, if Mr. Sargent’s contention were upheld a registrar would have to bo an ambidexterous creature who could receive n' petition with one. hand and simultaneously issue a sommons with tho other. Counsel also pointed out that the plaintiff resided at Hokitika, and tho defendant at Grevmouth, and submitted that overytlmg in connection with the petition had been filed in court before tho issuo of the summons. Evidonco was given by William Jeffries, principal of the firm of Sprot, Jeffries' and Co., to the effect that tho defendant had confessed judgment to a. claim by tho firm for £ll4 at Hokitika. Two distress Warrants had since been issued, the debt was instenved and the judgment had not been satisfied. Evidence was also, given by. Mr. .T. N. Nalder. Clerk of the Magistrate’s Court in Holfitika, and Staeo Oxcnham, bailiff at Greymoutli, auent court Accords and distress warrants. Possession wa.u taken of defenaant’s butcher’s shop and £1 17s 6d obtained, £1 of which went in levy fees and for man in possession.

His Honour (Mr. Justice Sim),'after further legal argument, said tho onlypoint in question before him was tho preliminary objection and that he would take tiimo to consider his ion thereon. The Supreme Court Greymoutli, was occupied yesterday afternoon in the hearing of an. appeal case, Lake Hochstettor Co. v. Donnellan. Bros. Tbe appeal concerned a pbint in law as to whether the Warden’s judgment, in imposing a flue in lieu of cancellation of a mining privilege could be upheld. Messrs F. A. Kitchinghnm and Patterson appeared on behalf of tho appelaiits, and Messrs M. and J. W. Hannan for the defendants.