ASHBURTON— Thursday, April 15. [Before His Honor Judge Ward.] E. Sarnighauson v. W. H. Zouch, Claim L6O. Mr. O’Reilly, for plaintiff; My. Branson, for defendant. This was a claim for the value of a horse and cart seized by the defendant out of the bankrupt estate of Sando and Bowling. Mr. O’Reilly said that the objection had been raised by the defendant that notice had not been given in accordance with the Act to the defendant who is trustee in the estate of Sando and Co. Counsel argued that the notice was not required, on the ground that the defendant was not sued as trustee in the estate, but merely as a case of trespass, and the trustee had not obtained an order under Section 57. Ultimately Mr, O’Reilly accepted a nonsuit. On the question of costs being discussed, counsel’s coats only were granted. Re James Stephens, a bankrupt. Mr. O’Reilly made application for payment of costs in this case, which, was granted. This concluded the business, and the Court adjourned.
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