The sole duty of the British Court} is to attach to the goods or property, in their jurisdiction the sum of money d: manded ty the foreign Court, It is not for the British Courts to go into circumstances! [which have arisen since the for judgment was promulgated, or represented the judgment creditors and Mz, M, Reader Harris appeared for the defendant.
opposing the petition, Mr. Harris read an affidavit by the defendant, stating that he had filed Jan appeal raising substantial questions for consideration and, if he jshou'd be successful, the judgment would cease, Tt would be a monstrous thing for a business man to [be made bankrupt and then possibly win lis appeal and find that, though the had been made bankrupt over judgment, there was no judgment to most. Io did not ask for a dismissal, but he suggested an adjourn. ment, the petitioners to have liberty to apply. The other party could not prejudiced at all, even should: the Jappeal fail. The present position that notice of motion had been ed, but it was not known when the Fall Court would sit. The defendant was ready to put up the necessary security that day or at Mr. ment for which was dated N.
3928, Mr, Harris—That is on! on the many inaccuracies in tis vite i's affidavit, which is why 7 objected to it, The agre.: dated April 20.
Mr, Badeley said that the not er only took place in ber and th bankruptey not dated January 10, 1927. 4 Jou went now would make a great difference to the plaintiffs, under the law they would b cluded from setting—asid.
The Judge—Have you any suggestion lo moke by which the debtor would mot be prejudiced in his Inw. Badeley nid that at the debtor's examination there would be Toller evidence before the Judgs and it would be more convenient then to consider whether the matter should stend over pending decision joo. the appeal.
Mr, Morris said that the p'a'st'% coul not be prejudiced, becasrt, if there had been a fraudulent for, which the defendant denied, arising, bat merely to deal with! the direct instructions of the foreign Court, thut is, to ive power to levy Bankruptey Act made proper pro+ vision to meet the contingency. In this ense it was probable there never execution on property within the [jurisdiction of the British Courts sufficient to satisfy a sum certain, final and cone'usive which has been found dae to the plaintiff by the, defendant is the foreign Court. 1 fear that I have Usown aside some}
Jof the arguments placed before me, not because 1 considered them worthless, but because, the more studied the cases cited to me, the more it became apparent to me that the real point at issue was the question of the "sum ce defined amount due set the for the sum of Ts, 509, 692.15, heinz the equivalent of US. 4.10, the Jamount s: t forth in the New York Judgment, and the costs in these) would bern bankruptey.
The Jtago—Suppose the new com-puny takes it into its head to have tary winding-up.—The assets still will be here. T suggest the other side jchall have liberty to apply at any time, Tia is not a frivolous appeal. The jodgmert is for an enormous sum, such as fow firms in Shanghai at the present time could pay, After farther discussion, Mr.
Harris seid that the memorandum and articles of association for the new company actually were pro-pared by himself in 1924, but for sone reason there had been a delay completing the transfer. To sitisty the plaintiffs, he would be prepared to give an undertaking that, pending the appeal, the busi ness would be carried on as usual and notice of any proposed change actually ascertained sum of money." Cutt Westlake ("Private International) roy the defendants so far as téey} Mr. Holborow applied for costs Law," 8rd Ed, sec. 313 and 218) coneened the question of interest. Sir|cites, as the origin of Es The argument on this point, he said, giving judgments on was very involved and had taken ments, the words of Jot of time and trouble.
Jenkins in 1667:—""Tis a ruled The Judge said that he would ad-tease that one judge must not re-Jjourn the matter of costs. He wou'd fuse, upon letters of request, to amend his judgment and not give the judgment comes. If interest islexecute the sentence of another Jong costs at present.
Judge when the goods tenced Mr, Holborow said there was against are within his ju further point. The defendants and sec. 318 states:—"The foreign appeal now had been heard in the
Text read from the printed page and cleaned; old type leaves the occasional error.