Fluester v McClelland and Another
| Jurisdiction | England & Wales |
| Judgment Date | 07 May 1860 |
| Date | 07 May 1860 |
| Court | Court of Common Pleas |
English Reports Citation: 141 E.R. 1204
IN THE COURT OF COMMON PLEAS AND THE EXCHEQUER CHAMBER
S. C. 29 L. J. C. P. 237; 2 L. T. 243' 6 Jur. N. S. 1375; 8 W. R. 497.
[357] fluester v. m'clelland and another. May 7th, 18(10. [S. C. 29 L. J. C. P. 237 ; 2 L. T. 24:3; 6 Jur. N. S. 1:575; 8 W. R, 497.] The 211th section of the Bankrupt Law Consolidation Act, 1849, 12 & 13 Viet. c. 106, provides that the person and property of a trader petitioning under the private arrangement clauses shall be protected from " all process : "-Semble, that this means process by way of execution against his person or his goods, and docs not extend to prohibit a judgment-creditor from registering his judgment under the 1 & 2 Viet, c. 110, s. 13.-At all events, the court will not, on summary application, interfere to strike out such an entry, inasmuch as the creditor would thereby be precluded from taking the opinion of a court of error. The defendants, being traders, and unable to meet their engagements, on the 19th of Dacember, 1859, petitioned the court of bankruptcy under the 211th section of the Bankrupt Law Consolidation Act, 1849, 12 & 13 Viet. c. 106, and on the same clay an order was made for protecting the persons and property of the defendants from all process until the 2nd of January, which protection was subsequently renewed until the 24th, and thence until the 15th of July. The petition was duly supported by an affidavit in the form given in the schedule to s. 21 2, and a private sitting was, pursuant to s. 213, appointed for the 24th of January for the proof of debts, and the proper steps were taken for the purpose of obtaining the consent of the required number of creditors (as. 214, 215) to an arrangement. The proposal being accepted,-to pay a composition of 6s. in the pound, by certain instalments,-an order of confirmation was duly made by the commissioner pursuant to s. 216. According to the resolution come to at the last meeting, the defendants were to retain possession of their1 property and effects to enable them to realize the same for payment of the composition. Part of the property consisted of leaseholds, which it was necessary to sell for the purpose of paying the last two instalments of the composition. A sale having been effected, the pnrcbaser declined to complete the purchase, in consequence of the plaintiff having on the 2nd of January, 1860, obtained a judgment in this action against the defendants for 671...
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