UNUSUAL JUDGMENT

Sun (Auckland), Volume II, Issue 410, 19 July 1928, Page 13

UNUSUAL JUDGMENT

LAWYER CLAIMS A FLAW COURT CASE ADJOURNED By the omission of certain words in a judgment against an estate the hearing of a bankruptcy petition in the Supreme Court \*esterday came to an unexpected deadlock. As drafted, the judgment enabled the party in whose favour it was given to claim upon the estate of a wife only, whereas counsel for a creditor contended it should also have included the assets of the husband. The case arose over the petition of Messrs. Bond and Bond to have George Green, grocer, of Ponsonby, declared a bankrupt. Mr. A. H. Johnstone and Mr. Mackay appeared for the petitioner and Mr. Ziman and Mr. Webster for Green and a creditor. The sherriff’s return showed that no assets in Green’s estate could be found. That, it was alleged, constituted the act of bankruptcy. Mr. Ziman said that Green and his wife were partners in the same property, over which a first mortgage had been given to a Miss S. H. Winder, and a second mortgage to the petitioning creditor. Counsel pointed out that by the context of the judgment it was perfectly m it ii * 1111 1if|it 11 1| 111 1 * ■ | jl lll * 1 11 f|j 111 11 * 111 «. ■

clear that the writ of execution gave j the right to sell only the property of • Green's wife. Mr. Johnstone argued that the plain-

tiff, Miss Winder, intended to get execution of judgment against both husband and wife. If a mistake had been made in the context of the judgment it would assuredly be remedied. Both defendants were jointly and severally liable for the amount of £992 shown in the judgment in favour of Miss Winder. Counsel submitted that the form of judgment was the kind used only in cases in which a married woman was jointly liable with her husband. Mr. Justice MacGregor said that the judgment seemed to him to be perfectly clear as worded. He would adjourn the hearing, however, and give judgment on the point to-morrow* morning.