SUPREME COURT.

Auckland Star, Volume XX, Issue 286, 2 December 1889, Page 4

SUPREME COURT.

IN BANKRUPTCY.

(Ed is His Honor Mr Justice Conolly.) Bankkuptcy Closed.—On the motion of Mr Cave, the bankruptcy of Thomas Hedley was declared closed. _ ■ . Fixinu .Costs. —On the motion of Mr Cotter costs wore fixed in the case of Isaac Chambers. Obdkks of Discharge.—An order of discharge was, on the motion of Mr Campbell, granted to Thomas Morrin (a bankrupt). To Asnux Bankruptcy. —Mr Burton moved to have the bankruptoy of Hannah Asher annulled. Mr Cotter appeared for the petitioning creditors. After reciting affidavits to show that Mrs Asher did not carry on business apart from her husband, Mr Burton said he thought he could show that a married woman, under the present Married Woman's Property Act, 1884. laboured under the same disabilities as under the old Acts if she did not carry on a separate business. The petitioness should have tiled an affidavit that she was carrying on a separate business. He cited cases to show that through iault of law a married woman, not carrying on separate businets, could not be made a bankrupt in —this way, even if sho had a separate estate. His Honor asked Mr Bfirton did he question the judgment of the Supreme Courton which the petition for bankruptcy was founded ?- Mr Burton replied that he should show that he could go behind that judgment, even if judgment hud been consented to by the debtor. He should admit the judgment in rem nob in peranum But lie record did not.show consent, though he admitted the affidavit declaring certain fwte in regard to consent. The whole proceeding were a nullity, and Jhirefore no waiver could make it good.