Ex parte Lord

JurisdictionEngland & Wales
CourtExchequer
Judgment Date01 February 1847
Date01 February 1847

English Reports Citation: 153 E.R. 1271

IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER

Ex parte Lord

S. C. 4 D. & L. 405; 16 L. J. Ex. 118; 11 Jur. 186.

MM. &W.46J. EX PARTE LORD 1271 Ex parte lord. Feb. 1, 1847.-The Court will not discharge from custody a bankrupt committed under the 6 Creo. 4, c. 1C, s. 36, for not answering questions to the satisfaction of the commissioner, where they ave of opinion that the story contained in his answers is not such aa to satisfy a reasonable person of its truth.-The warrant of commitment of a bankrupt, under 6 Geo. 4, c. 16, s. 36, set out the whole of the bankrupt's examination respecting a sum of money which was not forthcoming, and which the bankrupt alleged to have been stolen from him by house-breakers; it then proceeded -"which answers are not, nor are any of them, satisfactory to me the said commissioner:"-Held sufficient, although some of the answers might, on the face of them, be satisfactory; for that the bankrupt was committed on account of answers which, taken as a whole, were unsatisfactory.--The warrant directed the committal of the bankrupt until he should full answer make, &c. " to the questions so put to him. by me as aforesaid : "-Held good, although the words of the statute are -" until he shall full answer make to their satisfaction, to such questions as shall be put to him."-The warrant was directed " to the messenger of the said Court, and to his assistants, and to the governor or keeper of her Majesty's gaol of the Castle of York : "-Held sufficient, without naming the messenger. [S. C. 4 D. & L. 405 ; 16 L. J. Ex. 118; 11 Jur. 186.] Bramwell moved for a habeas corpus, to be directed to the governor of York Castle, commanding him to bring up the body of Joseph Lord, a bankrupt, who had been committed to that prison by the warrant of the Commissioner in Bankruptcy for the .Leeds district, for not answering satisfactorily certain questions put to him by [463] the Commissioner. The warrant of commitment was as follows :- : " In the Court of Bankruptcy for the Leeds District. "At the Town Hall, in Sheffield, in the county of York, this 7th day of August, 1846. n a " Whereas a fiat in bankruptcy, bearing date the 27th day of June, 184G, and directed to her Majesty's Court of Bankruptcy for the Leeds district, was duly awarded and issued against Joseph Lord, of Sheffield, in the county of York, tanner and leather currier, and boot and shoe maker, dealer1 and chapman ; and the said Joseph Lord had been duly adjudged bankrupt thereunder : And whereas the said Joseph Lord did, on the 7th day of August, 1846, in obedience to a summons issued by me, Martin John West, one of the commissioners of the said court, authorised to act in the prosecution of the said fiat, directed to the said Joseph Lord, appear before me, Martin John ^jVest, the said commissioner, at the Town Hall in...

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4 cases
  • Re Bartholomew Courtney, a Bankrupt
    • Ireland
    • Court of Bankruptcy and Insolvency (Ireland)
    • 14 February 1861
    ...Ct. Rep. 33. Ex parte HickieUNK 10 Ir. Eq. Rep. 432. Ex parte Downing 8 Ir. Law Rep. 492. Ex parte BradburyUNK 18 Jur. 189. In re LordENR 16 M. & W. 462. In re NolanENR 6 T. R. 119. Langhorne's case 2 W. Bl. 918. Ex parte CassidyUNK 2 Rose, 217. Ex parte Leggge 1 Low. & M., B. C., 163. Ex p......
  • Re Patrick M'Loughlin, A Bankrupt
    • Ireland
    • Court of Appeal (Ireland)
    • 2 December 1915
    ...Before O'BRIEN L.C., and RONAN and MOLONY L.JJ. IN RE PATRICK M'LOUGHLIN, A BANKRUPT Ex parte Lee 2 Mont. & Ay. 15. Ex parte LordENR 16 M. & W. 462. Ex parte NowlanENR 6 T. R. 118. In re ConwayDLTR 46 I. L. T. R. 243, at p. 244. In re ConwayDLTR 46 I. L. T. R. 243. In re Felix M'Cann 9 Ir. ......
  • Ex parte Bradbury
    • United Kingdom
    • Court of Common Pleas
    • 14 November 1853
    ...answer; and we must not compel men to impossibilities." That doctrine, however, is not now recognised. Parke, B., says, in Ex parte Lord, 16 M. & W. 462, 465,- "The rule of law is clear: it is laid down by Lord Kenyon, in Ex parte, Nowlan, 6 T. E. 118, that the question in each particu-[24]......
  • Hollinshead and Another, Appellants; M'Loughlin and Another, Respondents
    • Ireland
    • House of Lords (Ireland)
    • 20 November 1916
    ...OF DUNFERMLINE. HOLLINSHEAD AND ANOTHER, APPELLANTS; M'LOUGHLIN AND ANOTHER, RESPONDENTS Cox v. Hakes 15 A. C., p. 506. Ex parte LordENR 16 M. & W. 462. Bankruptcy — Examination of Witnessess — Unsatisfactory Answering — Committal ——— Competency of Appeal. 28 THE IRISH REPORTS. [1917. H. L.......

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