Basterfield against Sprye
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1856 |
| Date | 05 May 1856 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 905
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 25 L. J. Q. B. 334; 2 Jur. N. S. 589.
[376] babterfikld against sphye. Monday, May 5th, 1856. Defendant was outlawed on final process at the suit of the plaintiff. Defendant then petitioned the county court, under the Insolvent Debtors' Act, for hia discharge, inserting the judgment debt in his schedule; and that court ordered him to be discharged forthwith. Defendant then moved this Court to set aside the outlawry.-This Court set aside the outlawry on the terms of the defendant assigning to the provisional assignee, if required by the Court for relief of Insolvent Debtors, all goods belonging to him, if any, up to his final discharge, which did not vest in the provisional assignee by the vesting order, and paying the costs of the outlawry, if any, not included in the schedule, the costs of the application to this Court, and the costs of ati attendance on the same matter before a Judge at Chambers. [S. C. 25 L. J. Q. B. 334; 2 Jur. N. S. 589.] Judgment of outlawry, on final process, was signed in this cause in November, 1853, for 1461. 14s. 7d. On 19th December, 1853, the defendant filed his petition K. B. xlviii.-29* 906 BASTERFJBLD V, SPKYE 8 EL. & BL 877. for relief under the Insolvent Debtors' Act, at the County Court for Lancashire, held at Lancaster; and ho filed his schedule on 3d January, 1854. The schedule contained the name of the plaintiff as creditor for 1461. 14s. 7d. On 20th January, 1854, the judge of the county court ordered that the defendant should b& discharged from the debts contained in his schedule forthwith. Notice of the insolvency had been forwarded to the plaintiff on 4th January, 1854, which the plaintiff received. On affidavit of the above facts, Lush, in this terra, obtained a rule calling on the plaintiff to shew cause why the judgment of outlawry herein should not be set aside. It appeared that the case had been before Crompton J., at Chambers, who referred the parties to the full Court. Honyman now shewed cause. A party discharged by the Insolvent Debtors'Court is not therefore entitled to reverse an outlawry on civil process in respect of a [377] debt included in his schedule ; Dicksm v. Baker (1 A. & E. 853). It is true that in that ease the insolvent was ordered to remain in custody for eight calendar months, which bad not expired when the application to reverse the outlawry was made; and in the...
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