Baynes against Harrison

JurisdictionEngland & Wales
Judgment Date23 January 1856
Date23 January 1856
CourtPrerogative Court

English Reports Citation: 164 E.R. 487

PREROGATIVE COURT

Baynes against Harrison

S. C. 2 Jur. (N. S.) 72. Referred to, Depit v. Delevieleuse, 1861, 2 Sw. & Tr. 131. Applied, In the Goods of Coles, 1863, 3 Sw. & Tr. 181; In the Goods of Gallraith, 1879, 3 L. R. 169.

baynes against harrison. Prerogative Court, Jan. 23rd, 1856.-Creditor Administration After the death of an intestate, A. procured from B. an assignment of a debt due to B by the intestate. Motion for administration to such assignee rejected. 468 IN RE D. MACKENZIE DEANE,. [S. C. 2 Jur. (N. S.) 72. Referred to, Depit v. Delewekuse, 1861, 2 Sw. & Tr. 131. Applied, In the Goods of Coles, 1863, 3 Sw. & Tr. 181 ; In the Goods of Gattraith, 179, 3 L. R. Ir. 169.] On Motion. J. H., late of Glasgow, died in the month of August, 1853, a widower, and intestate, leaving R. H., an only son. At the time of the death of the deceased he was indebted to B in the sum of £23, 4s After the death of the deceased that debt was assigned to A. A decree issued at A 's instance, citing the son of the deceased, to accept or refuse letters of administration of the effects of the deceased, or shew-cause why the same should not be granted to A. on his giving the usual security. This decree was personally served on [16] R. H., who was a minor, on board the ship in which he was serving an an apprentice, in the presence of the mate of the said vessei. It appeared that all the parties were Scotch, and that a grant had been obtained in Scotland. The property in England consisted of the proceeds of a policy of...

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2 cases
  • R (O'Mahony) v Ellis
    • Ireland
    • Queen's Bench Division (Ireland)
    • 5 November 1897
    ...said several sums to be due by them respectively—Mr. A. Heskin, £4 17s. 6d.; Patrick O'Mahony, £9 13s. 6d.; John Magnier, £4 4s.; Col. C. Deane, 15s. “Dated this 9th December, 1896. “William E. Ellis, Auditor.” In the affidavits filed by the prosecutor, or in support of his case, it was sta......
  • Karam v Fairfax New Zealand Limited
    • New Zealand
    • High Court
    • 10 May 2012
    ...advice to them that the article was defamatory. Morland J considered the judgment of Green LJ in the Golf Club Noticeboard case, Byrne v Deane15 in which the Court of Appeal recognised that a person who refrains from removing or obliterating defamatory matter may in some circumstances not c......
1 books & journal articles
  • Legal and Reputed
    • United Kingdom
    • Wildy Simmonds & Hill The Law of the Manor - 2nd Edition Part II. Lands
    • 29 August 2012
    ...manor being divided, including the demesnes, wastes, tenants, services and courts. In this way new manors came into existence. 14 In Heath v Deane 15 there was a suggestion that ‘In modern times (in fact, since the year 10 [1901] 1 Ch 842. 11 (1819) 2 Stark 463, 171 ER 706. 12 See also Walk......

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