D. S. QUARCOOPOME v. E. B. THOMPSON

Michelin, J.

A garnishee Order "Nisi" dated the 18th December, 1929, which was issued with the leave of the Court, upon the application of the judgment-creditor under the provisions of Order XLV rule 12 was served upon the Acting Chief Registrar (Mr. R. J. Manning) in his capacity as Administrator of the estate of the late E. B. Thompson, deceased, requiring him to attend the Court on Monday the 23rd day of December, 1929, to show cause why he should not pay over to the judgment-creditor a sum of 10s. 0d. or some other sum, alleged to be due or accruing due by him to the judgment-debtor, in satisfaction of a judgment recorded in this Court by the judgment-creditor against the judgment-debtor.

Upon the summons coming on for hearing before me on the return day, the garnishee appeared in person and disputed liability. The Court thereupon ordered that an issue should be tried, as to whether or not on the day when the Garnishee Order Nisi was served upon the garnishee, the garnishee was indebted to the judgment. debtor in any amount,

The Court then proceeded to hear this issue, opening statements being taken and evidence led on each side. The garnishee admitted that he was administrator of the estate of the late E. B. Thompson, deceased, and that the judgment-debtor was one of the beneficiaries entitled to a share in the distribution of this estate, and he further admitted that he has funds in his custody as such administrator for distribution, but he stated that there was still one claim against the estate, amounting to the sum of , which had not yet been settled, and although the Court had given a ruling limiting the time within which the particulars in regard to this claim might be filed, after which date if not so filed, the estate should be distributed without having regard to this claim, and although these particulars had not been filed, within such specified time, yet in view of the possibility of an appeal being taken from such ruling, the time for the taking of such an appeal not having yet expired, he did not feel justified in now distributing the whole of the funds in his custody, among the beneficiaries. There were thirteen of these beneficiaries including the present judgment-debtor, and although in the event of the claim against the estate not being taken into consideration, the sum in his hands which was payable to the judgment-debtor would probably be in excess of the sum of 10s. 0d., he was unable to state definitely what sum, if any, was no