Reports of Cases Argued and Determined in the English Courts of Common Law, [1845-1856] (Volume 17); Heretofore Condensed by Thomas Sergeant and Thomas M'Kean Pettit, Now Reprinted in Full (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. 1856. Excerpt: ... "George Roio Innos, "Judgment-creditor. "William Archer Shee, "Judgment-debtor. "East India Company, "Garnishees. "In the Queen's Bench. - "Upon hearing the attorpy8 or agents for the judgment-creditor and for the garnishees, and upon reading the affidavit of Henry Smith Lawford, I do order that the plaintiff may, if he think proper, proceed against the garnishees by writ of summons; a special case to be stated, without pleadings, for the opinion of the court in which the writ issues, to be delivered upon appearance being entered, and returned in a week, and set down for argument in next term at latest; and the question to be argued shall be, whether the debt is attachable. If plaintiff does not sue out the writ in four pggy days, or make default in proceeding as above, then I order that the attachment shall be dissolved. Dated the 6th of October, 1855." The said quarter's superannuation allowance is still unpaid. In conformity with the said last-mentioned order, a writ of summons was on the 9th of October, 1855, issued by the plaintiff against the defendants; and the above special case has been stated, in pursuance of the said order of Mr. Justice Williams, of the 23d of October, 1855. The question for the opinion of the court, is, whether the said quarter's superannuation allowance is attachable for the balance of the said judgment-debt so remaining unsatisfied as aforesaid, under the provisions of the 61st section of the Common Law Procedure Act, 1854, 17 & 18 Vict. c. 125. Shee, Scrjt., for the plaintiff.--The question for the opinion of the court upon this special case, is, whether the superannuation allowance awarded to the judgment-debtor by the resolution of the court of directors of the East India Company, of the 2d of April, 1851, was a deb...