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on a judgment in matter No. 3610, the other on the judgment in Matter No. 3611. It is not disputed that the former was duly served on the son Anthony George Jeffrey at 617 King Street, St. Peters on 18 September 1975. It was not complied with and on 24 November 1975 Claude Neon Limited filed a creditor's petition against "Tony Jeffrey who resides at unknown (and carries on business at 617 King Street, St. Peters) and whose occupation is Shop Proprietor". The petition alleged a debt of $6,270.18, being the total of the amounts due under the two judgments mentioned above, with interest added. It is not disputed that this petition was duly served on the son Anthony George Jeffrey at 617 King Street, St. Peters on a 27 November 1975.
As I have said, a sequestration order was made against the estate of Tony Jeffrey on 25 February 1976.
To the foregoing recital of events I should add a few other facts of which the applicant gave evidence. He retired from active business life as a florist in July 1973, and therefore ceased to occupy the shops in which the business had been conducted. When the petition was filed in November 1975 he was not a shop proprietor and was not carrying on any business from premises at 617 King Street, St. Peters. He never instructed solicitors to act for him in any District Court proceedings taken by Claude Neon Limited.
From the whole of the evidence I think the only possible conclusion is that the sequestration order was made against the applicant's son Anthony George Jeffrey and not against the applicant. I accordingly dismiss the application and order the applicant to pay the costs of the respondent Claude Neon Limited.
