RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1141, 28 August 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

Tbmuka—Monday, August 27, 1883. [Before D. Inwood and F. H. Barker, E^q's-.J.Fs.] CIVIL CASES. Gumming and Hayes v. H. EagleClaim £3 19s. Judgement nummons, Mr Afpinall appeared for tho plaintiffs and Mr White for defendant. W R Upri chard stated that he was agent for the plaintiffs, that the defen dant had the means to pay, anil that judgment was' given notwithstanding the pleas of bankruptcy being put in. Samuel Cain gave evidence to the effect that the defendant had not worked for him for a long time. Mr White, who appeared for defendant, put in an order of discharge from bankruptcy. He pointed out that the judgment was given in February 1881, and that the defendant filed at that time. He quoted ■everal authorities to show that now, since the order of discharge had been granted, their Worships could not make an order in the case.

Mr Aspinall submitted they could not take the bankruptcy into consideration at all. The judgment had been given notwithstanding the plea of bankruptcy having been put in, and now Ihe Court had no power to go into the question further than to ascertain whether the defendant has had the means to paj' since the date of the judgment. Their Worships si>id they felt thej had no power to give judgment in the case, so it was dismissed. Adam Mundell v. Mrs Johnson—Claim £3.

Adam Mundell, livery stable-keeper Winchester, stated the defendant owed him the amount, and judgment was given for plaintiff for the amount claimed «nd costs.

John Craig v Ellen Break well—Claim* £1 6s 6d. Judgment by default for amount .claimed and costs. John Criag v T. Turner-Claim £lO 9s. ,Judgment by default lor amount claimed and costs.