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Colonial Cases

You Hi v. ORourke, 1894

[garnishee]

You Hi v. O'Rourke

Supreme Court for China and Japan
Hannen CJ, 2 April 1894
Source: North China Herald, 6 April, 1894

LAW REPORTS.
H.B.M.'S SUPREME COURT.
Shanghai, 2nd April.
Before N. J. Hannen, Esq., Chief Justice.
YOU HI v. O'ROURKE.
  This was an action for a garnishee order, attaching any debts due from H. Knox, of Tientsin, to Daniel O'Rourke, in order that judgment given against O'Rourke in the suit brought by You Hi might be satisfied.
  The motion was made in the following terms:
  Hiram Parker Wilkinson, counsel for the above named plaintiff and appellant, moves for an Order that all debts  owing or accruing from H. Knox, carrying on business as H. Blow & Co., at No. 66, Victoria Road, Tientsin, to the above named defendant and respondent, Daniel O'Rourke, may be attached, to answer the sum of Eight hundred and ninety-eight dollars and eighty-one cents which by a decree of the 18th of May, 1893, and an order of the 9th day of September, 1893, of this Court, the said You Hi recovered against the said Daniel O'Rourke, and also interest at the rate of [     ] per cent per annum on the said sum of Eight Hundred and ninety-eight dollars from the said 9th day of September, 1893. And that the said H. Knox, and also the said Daniel O'Rourke, may be ordered to attend this Court at Shanghai on the [          ] day of [         ]. 1894, at [      ] o'clock in the forenoon, to show cause why the said H. Knox should not pay to the said You Hi the debt due from him to the said Daniel O'Rourke, or so much thereof as may be sufficient to satisfy the said sum of Eight Hundred and ninety-eight dollars and interest as aforesaid.
  The affidavit in support was as follows:
By a decree of this Court in this suit, dated the 18th day of May, 1893, and by an order of this Court in this suit dated the 9th day of September, 1893, it was ordered that the above named plaintiff and appellant You HI should recover against the above named defendant and respondent Daniel O'Rourke the sum of Eight Hundred and ninety-eighty dollars and eighty-one cents taxed costs.
The said decree and order still remains unsatisfied to the extent of the said sum of Eight Hundred and ninety-eight dollars and eighty-one cents and of interest on the said sum of [    ]  per cent per annum from the 9th day of September, 1893.
I am informed and verily believe that H. Knox of Tientsin, carrying on business there as H. Blow & Co, is indebted to the said Daniel O'Rourke in the sum of three thousand seven hundred and fifty-six dollars and forty cents, or thereabouts.
The said H. Knox is within the jurisdiction of the Court.
  Mr. H. R. Parkes, who appeared in support of the application explained that he did so in the unavoidable absence of Mr. JH. P. Wilkinson. He understood that neither the garnishee nor the defendant appeared.  Until the 31st March Mr. W. V. Drummond had been acting for the defendant but he had retired from the case.
  His Lordship remarked that there had been a good many interlocutory injunctions in this case, and it would perhaps be advisable to have a short adjournment, to see how matters stood, having regard to the fact that some of the parties did not appear. The case would be adjourned until tomorrow (Tuesday) morning at half-past ten.
.  .  .  
3rd April.
YOU HI v. O'ROURKE.
  This was an adjourned motion in a garnishee order, attaching any debt die from H. Knox of Tientsin, to Daniel O'Rourke, in order that the costs in this suit by You Hi against O'Rourke might be settled.
  Mr. H. P. Wilkinson, who appeared in support of the motion, explained that on the 9th of September, 1893, an order was made against the judgment debtor that he should pay the taxed costs, and that if he did not do so execution would issue against him. Proceedings were afterwards taken for a garnishee order against H. Knox, of Tientsin, and an order was made thereon for Knox to attend and show cause why he should not be ordered to pay the amount of the debt owing from him to O'Rourke, in satisfaction of the costs of You Hi, the judgment creditor. Neither Knox nor O'Rourke appeared on the present occasion, and he (the learned counsel) asked for an order for execution to issue against the garnishee, H. Knox.
  His Lordship granted the application, the terms of the order to be drawn up and settled  on a later occasion.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School