The Reports (Volume 7) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1895. Excerpt: ... fact the same claim as was disallowed by the chief clerk. This is a claim founded on a judgment which is a new cause of action. We are bound by the statute to give the judgment the same force and effect as if it had been obtained in an English Court. No attempt has been made, or, so far as I can see, can be made, to set aside the registration, and, while the certificate exists, effect ought to be given to it, and I can see no equity that the administratrix has to deprive the appellant of his legal rights. This is not a case in which there is any competition between creditors, or in which the appellant is seeking to obtain any priority by reason of his judgment over other creditors or to interfere with the equal distribution of the estate between creditors, and the question is exclusively between him and the administratrix, and, but for the administration action, there could be no question of his right to have his registered judgment satisfied out of the assets. In the course of the argument, a case of Phosphate Sewage Co. v. Molleson (1), reported at various stages, was referred to. The facts in that case have a superficial resemblance to the present case, but when closely examined are, in my opinion, substantially different. In that case the House of Lords held that the Scotch Court, exercising an exclusive statutory jurisdiction in bankruptcy, had a discretion whether they would adjudicate on a claim against the bankrupt's estate at once or would wait to inform themselves by the result of an English suit in which the claim against the bankrupt's estate was mixed up with that against several other defendants, and that the Scotch Court had rightly exercised such discretion in investigating and deciding the claim for themselves on its merits. This judgment of the Scotch Court on the ...