The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-05-02 00:00:00

COUNTY COURT.

SINOCLAR Coon—At the County Court held on Wed.
nesday last, before F. Hinsdale, Beg., Judge, Mr. Mot-
term said he was instructed to make an application that
tbe High Bitiliff might withdraw from possession of pre. '
mixes of a person named He. The facts are as follows.
On the 29th of February, FAA, a plaint was entered in
the County Court by a person named Billing, against He.
On the 27tli of March judgment was signed, and on the
same day. execution was issued, cud PI.) on the same
date an interpleader summons wan 4,114, and money
paid into Conti In that action defendant cited tO have
pleaded his deed of assignment for the benefit of his
creditors, but by an inadvertence on the part of the soli.
eitor's clerk, the usual notice was not served. His
Honour, under these circumstances, held that the deed
could not be pleaded, and judgment went by default.
The application he would make now ass under the 199th
section of the Bankruptcy Act. He would not ask to set
the jUdgatent aside, neither to set the execution aside,
bat simply to make it ineffectual till the proper Court,
on due application being made, gave an order to enforce
it. Mr. Motteram then called his Honour', attention to
the care of Hartley e. Mayer," 31'h vol. /are: Joacmusf,
I page 107, . Whiton r. Harvey," and several other cases
b awing upon the g iestion, and quoted the opinions of
Jastice Byles, Justice Keating, and other judges. If
his Honour's opinion was egaiait him, then lie shouid
ripply for a new trial. If still a-4ainst hint, he should 30
ar a came of interpluider ; but he should like hia Honour
to give his opieiou on the tirmit point. The taets were
very simple. lie was SIVA by Umlhm.u. He did not plead
his decd. Judgment Rai given in Collirildellee of not
plea Hag the deed. Judgment was signed and execution
was levied by virtue of that writ.

M. G. Pieseutt opposed the application, awl con.
toiled that the deed was nut valid. _ .

The Judge said that point ,f AS not under discussion
at present.
Mr. Prescott contended that such an 0:11lotion could
not ha complied with. Uoder see. 108, of 9 and 10 Vie.,
his Honour hod not p-over to reverse the judgment.
Assuming what Mr. Motteram hal leild his Houottr W"
askod to 0vtr.f.,1,, an Act of Parliament.

Mia Honour it,Cd- Mr. iliilt-i:r.a—m--w-I;ther, if hi; ap-
plication u.a3 complied witli, it would not have the effLel
of netting aiide the judgment and the execution.
Mr. Motteram said it would not, but would simply make
the execution ineffectual till an order of the Court was
given to enforce it.
_

Mr. Prescott ~,,,,,,,,, and his Honour asked for a case.
The application WWI ultimately adjourned for his Honour
to consoler it.

Moroi,' v. .traitY.e.—At the County Court, on Thurs-
day last, before F. Hinsdale, Esq., Judge, this was on
action to recover £.3 Zis 31 for the use of a stable.
_

Mr. Pouton (successor to Mr. Burbury) appeared for
plaintiff, and Mr. Maltby for the defendant.
Morris, who lives at Hagley, bald that the amount due
from the defendant was for the use of a stable, which he
had been in the habit of using for his horse and cart.
Defendant refused either to give it up or pay for it.
The defence wan that the stable was taken in connec-
tion with his house.

Ilk Honour gave a verdict for plaintiff for £2 2a and
coats.