Reports of Cases Argued and Determined in the Court of King's Bench and Court of Error (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. 1825 Excerpt: ...Court, mid after stating the pleadings, said: The single question that has been made on the argument is, whether the bond, which has been taken by the sheriff in this case, is assignable, so that the Plaintiff' may declare upon it in his own name, or whether it is a chose in action not capable of a legal assignment. On the part of the Defendants, it has been contended, that the action cannot be sustained under the provisions of the Irish Statute 8 Geo. I., c. 6, by the 5th section of which it is is required that all seneschals, stewards, judge or judges, officer or officers of inferior Courts, having lawful power to grant or issue out replevins, shall take in his or their names from the Plaintiff or Plaintiffs in replevin, a bond with sufficient sureties for prosecuting the suit, and also for returning the goods and chattels so replevied, if a return be awarded, before he or they make deliverance of the distress. The 6th section enacts, that the seneschals, stewards, judge or judges, officer or officers of such inferior Courts, at the request or costs of the Avowant or Defendant, in such action or suit, shall assign to the Avowant or Defendant in such action or suit, such bond taken from the Plaintiff' in (a) 6 Reports, 19 4. (6) H Reports, Gl--2. (c) 7 Mod. 381.--This point has been expressly decided in the case of Caithness v. Murphy, K. Bi Michaelmas, 1824, not yet reported. I" Morgan v, Griffiths the action was by the sheriff. 1824. Harding v. Lyhane. replevin, by endorsing the same in the manner therein men-1824. tioned, and provides, that if such bond be forfeited, the v--"y Avowant or Defendant, after such assignment made, may Hahdij bring an action in his own name, and proceed to judgment Ljjjawj and execution thereon. It is admitted that ...