Gawler v Chaplin and Two Others

JurisdictionEngland & Wales
Judgment Date08 June 1848
Date08 June 1848

English Reports Citation: 154 E.R. 590


Chaplin and Two Others

S. C. 18 L. J. Ex. 42.

ga\\lkr v chaplcn and Two othfe.s June 8, 1848-In an action on the case against the shetift, the declaration, after reciting that two writs of h fa hod been deli vet ed to him to be executed, stated, the defendant, as such sheriff, under colour of the writs, wrongfully and injuriously seized goods of the plaintiff, of much greater value than sufficient to pay and satisfy the sum of money, mteiest, poundage, &c , indorsed on the wilts, although the defendants well knew that the money ansing from a patt of the goods so seized would be sufficient to satisfy the indorsement on the writs, yet the defendant, contriving Ac, afterwards, under colour of the said writs, wrongfully &c did sell and dispose of more goods than necessary to satisfy the indorsement on the wnts, and the defendant, further disregarding his duty &c , then sold the said goods for a much less sum of money than he could, might, arid ought to have sold the same -Held sufficient, on motion in arrest of judgment [SO 18 L J Ex. 42 ] Case The declaration stated, that two seveial writs of hen facias had issued out of tbe Couit of Queen's Bench, directed to the sheriff of Middlesex, upon two several judgments recovered by one James Lees against the now plaintiff, which said writs were indorsed &c , and weie afterwards, and before the respective returns theieof, to wit, on &c., delivered to the defendants W J Chaplin and J L , \vho then, and from thence until arid at and [504] aftei the return of the said wrrts, were sheiitf of the said county of Middlesex, and the defendant M, H , as then bailitt, aftet \vaids and MX-MS- OAWLER 1'. CHATLTN 591 before the return of either of the said writs, txi wit, on &c., within the bailiwick of the said W. J. Chaplin and J. L., as such sheriff as aforesaid, under colour of the writs, wrongfully and injuriously seized and took in execution divers goods and chattels, that is to say, (specifying them), of the now plaintiff1, of much greater value than sufficient to pay and satisfy the suras of money, interest, poundage, and expenses, iso indorsed on the said several writs, and thereby directed to he levied as aforesaid, 'to wit, of the value of &c., although the now defendants then well knew, that the money arising from the sale of part of the said goods and chattels so seized and taken in execution as aforesaid...

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4 cases
  • Moore v Lambeth County Court Registrar
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 13 November 1968
  • Antonio Impedovo(First Enforcement Creditor) v Jonathon Peter Nolan (First Enforcement Debtor)
    • Australia
    • Supreme Court of ACT
    • 18 August 2017
    ...Cubitt v Gamble (1919) 35 TLR 223 De Medina v Grove (1847) 10 QB 172 at 176–7; 116 ER 67 Gawler v Chaplin (1848) 2 Exch 503 at 506–7; 154 ER 590 Gregory v Cotterell (1855) 25 LJQB 33 ; 119 ER 593 Impedovo v Nolan [2016] ACTSC 386 Impedovo v Nolan (No 2) [2017] ACTSC 146 Moore v Lambeth ......
  • South East Enterprises (Singapore) Pte Ltd v Hean Nerng Holdings Pte Ltd
    • Singapore
    • Court of Appeal (Singapore)
    • 15 March 2013
    ...42 (folld) Debtor (No 2 of 1977) , Re A [1979] 1 WLR 956 (refd) Field v Mitchell (1806) 6 Esp 71; 170 ER 833 (folld) Gawler v Chaplin (1848) 2 Exch 503; 154 ER 590 (folld) Ginsin Holdings Pte Ltd v Tan Mui Khoon [1996] 3 SLR (R) 500; [1997] 1 SLR 553 (folld) Heng Chyu Kee v Far East Square ......
  • Buck, Re, (1997) 127 F.T.R. 9 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 13 January 1997
    ...value than the amount owed, with the balance being held for the judgment debtor. Cases Noticed: Gawler v. Chaplin (1848), 2 Ex. ch. 503; 154 E.R. 590, refd to. [para. Moore v. Lambeth County Court Registrar (No. 2), [1970] 1 Q.B. 560 (C.A.), refd to. [para. 6]. Wooddye v. Coles Baily of Sou......

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