SUPREME COURT

Otago Daily Times, Issue 18549, 9 May 1922, Page 11

SUPREME COURT

Monday, Mat 8. (Before His Honor Mr Justice Siin.) In Bankbuftcy , Mr Moore on behalf of F. E. Jones, bankrupt, applied for an order for immediate discharge. He said, that the creditors, recommended bankrupt for nis discharge . dt was a case of pure hardship. His Honor said the Assignee!s report was favourable and there seemed no reason why Jones should not get his discharge. An order .was made accordingly^ Victor Bernard Portman claimed from the official assignee in bankruptcy of Harry Knewell damages etc., for false’ representation. Mr O’Shea, acting for Messrs Scott and Mellish, appeared for the claimant and Mr Moore for the assignee. Mr O’Shea asked for an adjournment to enable him to file an affidavit in reply. His Honor: You sue the Official Assignee for ,a claim against a bankrupt. Have you ever heard of such an action, Mr OShea. Mr O’Shea admitted he had not, but pointed out that he _ was simply acting by instruction of his principals. His Honor said it was absurd that anybody should think of bringing an- action as the present. The only thing to do was to make an order staying all further proceedings in the action. _ The plaintiff was ordered to pay three guineas disbursements and costs. In Divobce. ' Elizabeth Jane" Thomson v. James Mahon Thomson. This was a motion for a decree absolute. Mr Hanlon appeared for the wife and Mr Irwin for the, husband. -Mr .Hanlon said he had given the statutory 21 days notice and respondent had done nothing. The decree nisi was made absolute. Miscellaneous. Sarah Cecilia Ayers v. James • Joseph Ayers. Petition for permanent maintenance. Mr Hanlon appeared for the petitioner and Mr Irwin for the respondent. Mr Hanlon said that before divorce proceedings..' were taken, the. respondent was paying his wife 25s a week. Mr Irwin and he agreed that there was no reason why. that should not still be paid. If .His Honor were agreeable to make an order for that amount that would be acceptable to both • parties. • ■ t His Hopor said it was usual to make such an order at'>'the, same : time as the' decree nisi was made absolute or immediately-after Mr Hanlon’s said,’aplication had been made to the registrar to make ‘ the ’ decree absolute. His Honor said he would make the order as soon as ‘he knew the decree nisi had been, made absolute Fixtuebb. ‘ The following cases were set down for' hearing on Friday next:—John .Jelly Holliday v. Ellen Mary Gibson and other's (an appeal from Warden’s Court, Cromwell); George Partridge ‘ v. Rising Sun Gold Dredging Go. (claim for possession of land); William Sproule v. William James Sproule (claim for £323 7s 9d for money advanced). Undefended divorce cases were tired for Tuesday, the 16th inst., and the case Andrew Pringle v. Murdoch M‘Kay (claim for £SOO and interest, deposit on sale of property) , was set down for Friday, the 19th inst.