Digest of the Law of Evidence on the Trial of Actions at Nisi Prius Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 Excerpt: ...Form, No. 6, and its service is regulated by rr. 140, 141. This notice replaces the debtor summons, introduced by tho Bky. Act, 1869, s. 6, but the act of bankruptcy thereby created was available to the creditor only, who issued the summons, whereas the act of bankruptcy arising under the present enactment is available to all creditors; Ex pte. Dearte, 14 Q. B. D. 185, C. A. It is doubtful therefore whether the decisions under the Bky Act, 1869, s. 6 (6), that the act of bankruptcy was conditional only, on the debtor not paying the judgment debt, on which the notice issued, and that when he had so done, there was, under an adjudication founded on a subsequent act of bankruptcy, no relation back to such conditional act of bankruptcy (see Ex pte. Weir, infra; Ex pte. Bouchard, 12 Ch. D. 26, C. A.), apply to the present section. See further as to condonation of the act of bankruptcy, Ex pte. Love, L. E., 17 Eq. 454. By E. 142, where the Court sets aside a bankruptcy notice, it may declare that no act of bankruptcy has been committed by the debtor thereunder. There has been much controversy as to what orders for the payment of money amount to final judgments. "A ' final judgment' is a final adjudication of the matters in contest in the action between the parties to the action;" Ex pte. Strathmore, Earl of, 20 Q. B. D. 518, per Lopes, L. J.; other definitions are given, S. C., Id. 516, per Ld. Esher, M. B., and in Ex pte. Moore, 14 Q. B. D. 627, 632, per Ld. Selborne.L. C, which are to much the same effect. Thus, a judgment dissolving a partnership with costs is a final judgment; S. C. But an order dismissing an action with costs for want of prosecution is not a final judgment. Ex pte. Strathmore, Earl of, 20 Q. B. D. 318, 512, C. A. So a garnishee ord...