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Gordon v Jesson

Nominate Series English Reports Cited authorities 2 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date31 January 1853
Date31 January 1853
CourtHigh Court of Chancery

English Reports Citation: 51 E.R. 848

ROLLS COURT

Gordon
and
Jesson

[440] gordon ò. jesson. Jan. 31, 1853. On the death of an official assignee (a Defendant) a supplemental order, substituting his successor, must be obtained as of course, and on a simple allegation unsupported by affidavit. The Defendant Richard Valpy, who was the official assignee of a bankrupt, died pending the suit, and Thomas Bittleston was appointed in his place. A motion was now made, under the 15 & 16 Viet. c. 86, s. 52, for an order to the effect of the usual supplemental order. No affidavit was made in support of the application. Mr. Beavan, in support of the application, stated that it might be a question whether the new assignee ought to be substituted under the Bankrupt Act (12 & 13 Viet, a 106, s. 157), but that this clause had been held only to apply to the assignees of a Plaintiff; Mend-ham v. Robinson (1 Myl. & K. 217); Bainbriyge v. Blair (Younge, 386); Man v. Ricketts (7 Beav. 484). He observed than an affidavit was unnecessary, as the 52d section provided...

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1 cases
  • Heath v Lewis
    • United Kingdom
    • High Court of Chancery
    • 11 May 1854
    ...208 BARROW V. BARROW 18BEAV.8M. Hayman, 9 Hare, App. 88; Forster v. Menzies, 16 Beav. 568; Gross v. Thomas, 16 Beav. 592 Gordon v. Jesson, 16 Beav. 440; and note to 10 Hare, App. 72 : and see Ordines Can. 472, 473. English Reports Citation: 52 E.R. 207 ROLLS COURT. Heath and Lewis [527] he......

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