The Sun.
London, England, 1828-01-11 00:00:00

LAW INTELLIGNCE.-(THIS DAY.)

COURT OF CHANCERY.

LOPEZ T. DE TASTET.

Mr. WAKEFIELD stated, that an application had been
made to the Vice Chancellor to allow an attachment to
-issue against Mr. Hurtley, the plaintiff's solicitor, for not
putting in an answer to a second supplemental bill. Mr.
Hurtley had given notice to discharge an order to that
effect which his Honour had made, and which motion
Mr. Horne was to make, but that Learned Gentleman
not being able to attend, the attachment would issue, un-
less stayed by his Lordship, for which the Learned Counsel
now applied.

His LORDSHIP inquired when it was expected Mr.
Horne would be able to attend.
Mr. SUGDEN said Monday.
His LORDSHIP directed the issuing of the attachment to
be stared till then.

EX-PARTE HAWKINS IN TOE MATTER OF HOWARD AND

GIBBS.

Mr. BICKERSTETII said, Mr. Treslove, on the other
side, had intimated to him, that they preferred an issue
to an action, consequently he had to ask that the matter
might stand over till Monday, that the terms of the issue
might be considered.

Mr. TRESLOVE could not consent to an action, inas-
much as the bankrupts would then have to be the de-
fendants, and would be witnesses against the plaintiffs, the
assignees.

His LORDSHIP intimated that the plaintiffs would have
to make out a case of fraud.

Mr. TRESLOVE was aware of this, and he apprehended
the issue would have to be, whether any thing was due, and
what, to the claimant, at the date and suing forth of the
commission.
His LORDSHIP ordered it to stand over.

VICE-CHANCELLOR'S COURT.
JUDGMENT.

EX-PARTE ACTON IN THE MATTER OF ACTON.-EX-PARTY

HALLWAY IN THE MATTER OF ACTON.

His Hotior a at the
,sitting of the Court gave judgment
upon these petitions.
The main facts are shortly these:—Acton,
and a Mrs. Studds having
,been engaged in partnership
buSiriess, a bill was filed by the two latter praying a disso-
lution of the partnership and an account. A receiver was
appointed by the Court, but before he could succeed in
winding up the partnership accounts, Acton, the
bankrupt, proceeded over to Calais, for the purpose,
as he in his petition alleged, of going on to Paris to see
his (laughter, who was then at school there. Shortly
after this Halliday, his partner, sued out a commission of
bankruptcy against him, and the object of the bankrupt's
present petition was that that commission might be super-
seded. This was prayed on two grounds, namely, that
there had been no sufficient act of bankruptcy, and that
there was not a good petitioning creditor's debt. With
respect to the first ground, it was alleged that the object
of the bankrupt's visit to France was not that of delaying
or defeating his creditors, and that his continued stay in
that country was caused by illness, and partly by certain
proceedings instituted against him in the police-courts of
France, for the recovery of the partnership books which
he had. taken with him. It was argued, that even
if the object of the bankrupt in leaving this
country had bee❑ to carry off the books from the
receiver, and thus to withdraw himself from the
jurisdiction of. the Court, still that such a with-
drawing Was not an act done "to defeat or delay"
creditors within the meaning of the Bankrupt Laws. It
was also urged, that Acton li.td in effect ceased to be a
trader upon the appointment of the receiver. Then as to
the next objection, that there was no good petitioning cre.
(liter's debt to support the Commission, it was argued,
that no debt could be sufficient for that purpose but a
strictly legal one, such a debt as could be enforced at
law. Now in the present instance, the debt was said
to arise out of the partnership dealings. Had Hal-
liday commenced an action at law for the recovery
of such a debt, the Court would have enjoined him
from proceeding ; and if he would not be allowed to pro-
ceed in that, the ordinary course, it was contended that
a fortiori he ought not to be permitted, by suing out a
commission of bankruptcy, to jump at once both to verdict
and execution. This principle must apply still stronger in
a case like the present, where there was a suit pending, the
main object of which was to have an account taken, and
the interests of the several partners thus ascertained. It
was further urged, that the commission ought to be super-
seded, inasmuch as it had not been sued out for the general
benefit of the bankrupt's creditors, but for the sole pur-
pose of forwarding the interests of Halliday, the petitioning
creditor.

In support of this last position, it was stated that al-
though two meetings had been advertised, not a single
creditor had attended to prove his debt under the com-
mission.

Messrs. ROSE and KNIGHT appeared for the bankrupt,
and Messrs SUcOEN and ROLFE were heard for Halliday.
The VICE-Cirawcitu.on, in giving judgment, said,
that from an examination of the affidavits on both sides, he
was convinced that Acton had continued in France for
the purpose of delaying his creditors, and that he thereby
committed an act of bankruptcy. It appeared that before
he went there lie sold off all his furniture and effects; he
gave up his residence in this country, and, if he merely
went to see his daughter, it could hardly be sup-
posed, that he would have acted in such a manner
besides, it did not appear from his affidavits, that he had
proceeded to Paris, where his daughter was staying. The
next question was, whether there was a good petition-
ing creditor's debt. It was admitted that Acton had passed
a bond to Halliday, and the only question for the Court
to consider was, whether it appeared from all the circum-
stances, that the bond was so much confounded with the
partnership dealings, as that Halliday could not have brought
lan action at law on it. In his Honour's opinion he might
have so proceeded, and indeed the bankrupt did not deny that
he was indebted to Halliday. The second objection must
therefore fall to the ground. The last question was as to
the object of the commission. Halliday distinctly swore
that it had been sued out for the general benefit of the
bankrupt's creditors, and for no other purpose than that of
securing the payment of their debts. Under all the cir-
cumstances of the case, his Honour was of opinion that the
bankrupt's petition must be dismissed.
His Hosioun granted the prayer of the second petition,
which merely required that Halliday might be allowed to
go before the Commissioners and prove the amount of his
claim of 2,0001. against the bankrupt's estate, for the
purpose of voting at the choice of assignees.
Mrs. Studd claimed 1,000/. and was alloived a similar
permission.

COURT OF RING'S BENCH.
There were several cases disposed of this morning, none
of which contained any thing of the slightest public interest.

FASHIONABLE ARRIVALS...—Captain Ken-
nedy, in Green-street, Park-lane, from Paris ; Major Ro-
binson, in Park-street, from Dublin; Mrti. and Miss Vale,
in Montaguesoquare, from Brightonr;• Mrs. and Miss Mor-
ton, in Albemarle-street, from Paris; Madame and Ma-
damoiselle De Broglie, in Pall-mall, from Paris; Cap-
tain Munro, in Regent-street, from Portsea Barracks ;
Mrs. and Miss Proctor, in Somerset-street, from St. Law-
rence, in the Isle of Thanet; J. Welby, Esq. at the Ber-
ners Hotel, Berners-street, from his seat, Arlington House,
Grantham, Lincolnshire ; the Marquis of Bath, at his
house in Grosvenor-square, front the Continent ; Captain
and Mrs. Milman, in Grosvenor. street, from Norfolk;
`Mr. and Mr.. Eames, at the Royat Hotel, St. James's-
street, from their seat in Herta ; G. Rankes, Esq. at ditto,
from Surrey; Captain Edwards, at ditto, from a tour;
G. Thomson, Esq. at ditto, from Norfolk; General
Conyer, at the Spring-gardens Hotel, from Paris; J.
Wilmot, Esq. at the British Hotel, Jerrayn-street, from
Ireland; Captain Ogilvie, at ditto, from a tour; Mr.
and Mrs. Daniells and family, at the St. George's Hotel,
from India.

DEPARTURES.—Major Gaspar Vaughan, for
Corfu ; Mrs. and Miss Deykes, for Foots Cray, in Kent ;
Mrs. and Miss Vernon, for Bath ; Captain Deering, for
Portsmouth ; Mrs. and Miss Kenyon, for Bath ; Mrs.
Aleyrick, for Wimbledon ; Lady Malcolm, from Scaife's
Hotel, Lower Brook-street; Mrs. N. Smyth and family,
from ditto ; J. Sparks, Esq. and Mrs. Sparks, from ditto ;
Algernon Greville, Esq. and Master Greville, from ditto ;
Viscount Ashbrook, from ditto, for Beaumont Lodge; the
Hon- Henry Flower Walker, from ditto, for Beaumont
Lodge ; the ReY. J. Ballard and Master Ballard, frog,
ditto; Miss de Laneey, from ditto ; the Misses Merrick-s,
from ditto ; Mrs. D. L. Barclay and family, from ditto, for
Layton; the Mist,"
Burn, from ditto, for Brighton ; the
Countess of Aboyne, froM ditto, for Oak Bank; the Hon.
F. Gordon, from ditto, for Oak Bank; E. A. Kirkpa-
trick, Esq. Mrs. and Miss Kirkpatrick, from the Beri!ers
Hotel, for Isleworth;• the Rev. Henry and Mrs. Smith,
from ditto, for Hastings; the Earl of Onslow, from the
fit. George's Hotel, for his seat in Surrey; Lady Warbur-
ton and Miss Dixon, from the London Hotel, Albemarle-
Street, for their seat in Cheshire; the Hon. Mr. De Roos,
from his house in Park-place, for his seat, Meldon Hall,
Suffolk; the Hon. Colonel Anson, for Me/don Hall; tin
Rev. Mr. Price and Mrs. Price, from Harley-street, fo,
their seat in Northamptonshirt.