Dance, Provisional Assigne of Shepherd, an Insolvent, v Wyatt
| Jurisdiction | England & Wales |
| Judgment Date | 29 April 1830 |
| Date | 29 April 1830 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 1368
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
[486] dance, Provisional Assignee of Shepherd, an Insolvent, v. wyatt. April 29, 1830. The sixteenth section of the 7 G. 4, c. 57, which declares that it shall be lawful for the provisional assignee of the insolvent debtor's court to sue in his own name for the effects of insolvents, if the court shall so order, is only affirmative of the provisional assignee's right, and he may sue with or without such order. By the insolvent debtors' act, 7 G. 4, c. 57, s. 16, it is declared, that it shall be lawful for the provisional assignee to sue in his own name, if the court appointed by the act shall ao order, for the recovery, obtaining, and enforcing of any estate, debts, effects, or rights of any prisoner, &c. The Plaintiff being provisional assignee of the Insolvent Debtors' Court, this action of trover was brought in his name, under the following order of the Court, to try the validity of a commission of bankrupt which had been issued against Shepherd previously to his petitioning the Insolvent Debtors' Court. "Pursuant to the act for Eelief of Insolvent Debtors in England :- "The Court for Eelief of Insolvent Debtors, on the 9th day of December 1828 :- " In the matter of the petition of Thomas Shepherd, an insolvent debtor, lately a prisoner in the King's Bench prison :- " Upon application of the said insolvent debtor, and on reading his affidavit, and also on reading the consent of Henry Dance, gentleman, provisional assignee, it is ordered, that the said provisional assignee, upon receiving a satisfactory indemnity, be at liberty to permit an action to he brought in his name against Andrew John Nash and Thomas Wyatt, mentioned in the said affidavit." The declaration commenced as follows:-"Thomas Wyatt the Defendant, and Andrew John Nash were at-[487]-tached to answer Henry Dance, the Plaintiff in this suit, and. provisional assignee of the court for the relief of insolvent debtors, and of the estate and effects of Thomas Shepherd, late of Claremont Row, Pentonville, in the county of Middlesex, heretofore an insolvent debtor, and discharged from imprisonment in pursuance of an act of parliament made in the seventh year of the reign of his present majesty, entitled, 'An act to amend and consolidate the laws for the relief of insolvent debtors in England,' by order of the same Court in that behalf duly...
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