IN BANCO.

Dominion, Volume 2, Issue 595, 25 August 1909, Page 11

IN BANCO.

JURISDICTION OF A. DISTRICT,"COURT. His , Honour .Mr Justice Chapman heard on August 5 an application for a writ of picnibition: to be issued "to, tho District Court of Wcstland for the stay of proceedings undor ah order of adjudication made on April 5 last. The/plaintiff was Robert Johnson, masUr manner, df Wellington, and the do- * fondants. William Recvo r Haseld«n, Judge of the, District Court of Wcstland. Ernest Bowling Clerk of, that Court, Wilfred Ihomas Sleo, Deputy Official Assignee at oM\«st rV AVf>iter M ' latyro ' blacks f»t«, „n J S fr M I, -Tp;,? alzi ? ll ' a PP eared for plaintiff, and Mr Fell for defendants The statement filed by'plaintiff was that, on February' 3 last, Walter M'lntyro petitioned ,tho District Court td adjudicate plam- ' «VL M^ to * n a n,pt ™^ e Peftwn.was served upon plaintiff in Wellington on' February ~',' i HI / solicitors communicated with the Werk of the District Court and M'lutyro's solicitors, stating that plamtift could not Jo' P«sent at the Court sitting, and also that, as he had been resident in Wellington for two years, steps would bo taken to set aside the petition. A month later, M'lntyres solicitors wioto that, as plaintiff had no. mado any offer to settle the claim, they gonld.drqceed with the bankruptcy petition fe^ D i'*k& Co ' ,rt - washeard and plaints adjudicated bankrupt by thft Clerk.of, the District Couit. PlaW had been. resident m Wellington for two 6 ? n . d . B P wai ;da immediately prior to the date of- the petition. Ho theieroic applied for a. writ to prohibit defendants froiS administering his estate, or taking other proceedings qnder the order of adjudication J,l ? es l crda y' hls Honour held that tho Clerk of the Court had properly proceeded with the inquiry His decision was final if it was .supported by evidence and' not appealed from > Hi? Honour could not say that it was not suppoited bv it had been stated tnat plain* h,f 7*2 ■i* 3 * l ? ""fN" ln 'VVollington, that his faring aorVstdl m Westland, and that his absence was a tempoiary one for tho Pin pose of raising capital in connection with his riming mteicsts. Proceedings for prolusion would not lie, and judgment would be or ho defandanta. Ten guineas cos s »wt allowed to M'lntyre, with disburse-'