Irish Law Reports Annotated Reprint; Containing [1894] I and 2 I. R. - [1912 I and 2 I. R.] Volume 3 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...to postpone the sale. The learned Judge reports that he told the jury that as he understood the law a judgment creditor who had given an execution to the sheriff had no right to interfere with the sale by adjourning it or otherwise. If this were to be taken literally I would be unable to agree with it; as, in my opinion, the judgment creditor or his solicitor in charge of the execution has power to require the sheriff to postpone the sale. In the case of Levi v. Abbott (4 Exch. 588) it was held that the attorney in the action had the power to direct and manage the execution against the goods, and might order the sheriff to withdraw after the seizure, and give up the goods, and circumstances might arise which would make the adjournment of the sale a reasonable and proper proceeding; but, m my opinion, the adjournment should be required to be made in such a way as in effect to amount to a withdrawal of the writ. This effect it would have in almost every case, for this reason, that where the sheriff is authoritatively 245 required to adjourn the sale the writ ceases to be in his hands to be executed. On this I may refer to the case of Hunt v. Hooper (12 M. & W. 664) in which a notice to the sheriff who had seized, not to execute the writ until further order, was held equivalent to a withrawal of the writ. From the sentence in the learned Judge's report, which follows that portion of his charge which I have referred to, I think what he really meant was that the sheriff, when required to adjourn the sale, must be put in the position he would be in if the writ were withdrawn, a position in which, I think, almost every authorised adjournment would place him. But what the learned Judge really decided as the basis of his direction for the...