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Heath v Lewis

Nominate Series English Reports Cited authorities 7 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date11 May 1854
Date11 May 1854
CourtHigh Court of Chancery

English Reports Citation: 52 E.R. 207

ROLLS COURT.

Heath
and
Lewis

[527] heath v. lewis. May 11, 1854. Before decree, a Plaintiff cannot, by means of a supplemental statement under the 15 & 16 Viet. c. 86, obtain the statutory supplemental decree under the 52d section of the same Act. On the 3d of May 1854, and before decree, the Defendant Lewis became insolvent, and his property became vested in his assignees. Mr. Bristowe now moved, under the 15 & 16 Viet. c. 86, s. 53, for liberty to file a supplemental statement, to enable the Plaintiff to obtain the statutory supplemental decree, under the 52d section; Atkins v. [528] Parker (2 De G. Macn. & G. 221). He stated that Vice-Chancellor Kindersley had held that the supplemental order could only be obtained after decree, as by the 52d section the order was to be " to the effect " of "the usual supplemental decree." the master of the rolls [Sir John Romilly]. I must follow the decision of Vice-Chancellor Kindersley. You must file a supplemental bill. note.-Whether the assignees might not have been brought before the Court by amendment of the bill, queers. The cases on this section are Atkinson v. Parker, 2 De G. Macn. & G, 221; Futterton v. Martin, 1 Drew. 238; Commerell v. Hall, 2 Drew. 194; Heath v. Chapman, 17 Jur. 570; Tate...

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