Irish Equity Reports Volume 12 by Ireland High Court of Chancery
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Author: Ireland High Court of Chancery
Number of Pages: 262 pages
Published Date: 06 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130135923
Download Link: Irish Equity Reports Volume 12
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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. 1850 Excerpt: ...Semple did not instigate him, which is a negative pregnant. I do not however rely on that. The question is, whether I should at the instance of Rounds, who is a judgment creditor for 62. 15s. only, supersede now, in January 1849, a commission issued three years since, on such a point as this. I said on the hearing of Semple's petition that this transaction could not receive any countenance from the Court. That is the doctrine of Ex parte Wilson (a), before the Vice-Chancellor, where the question however was not on the commission, but whether a claim for costs could be maintained, the commission being superseded on other grounds. Such an arrangement is no doubt an abuse and infringement of the provisions of the statute, which directs the creditor to bear all the costs up to a certain point and risk getting them back out of the estate, and so far throws a protection round the debtor. But the complaint here is three years old; many creditors might lose their demands altogether by the Statute of Limitations. There have been various proceedings under the commission, and as far as I can see they have been as much for the benefit of creditors as it was possible they could be, though the funds are, from the circumstances of the case, hard to be got at. It would thus be difficult to yield to this application unless the Court be coerced to do so. No doubt the Court must be very cautious in holding out to any one that such proceedings as this will not be vigilantly scrutinized; but the consequences of yielding to this application are to be also regarded, and the motives of the parties. If the commission is originally issued improperly for such a ground as this, but then bona fide conducted, the Court will not interfere. That was the basis of (a) 1 Buck. 306. 184...
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