Lane and Another v Bennett
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1836 |
| Date | 01 January 1836 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 350
EXCHEQUER OF PLEAS.
S. C. 1 Tyr. & G. 441; 1 Gale, 368.
lane and another v. bennett. Exch. of Pleas. 1836.-Ireland is still a place beyond the seas, within 4 Anne, c. 16, s. 19, notwithstanding the Act of Union, and the 3 & 4 Will. 4, c. 42, s. 7.(a) [S. C. 1 Tyr. & G. 441 ; 1 Gale, 368.] Debt for goods sold, money lent, &c. Pleas, nil debet, and the Statute of Limitations. Replication to the second plea, that the defendant, before and at the time when the said several debts and causes of action in the declaration mentioned accrued to the plaintiff, was in parts beyond the seas, to wit, in Ireland, arid that the defendant afterwards, [71] to wit, on the 1st of January, 1831, returned from the said parts beyond the seas into this kingdom ; which said return of the defendant was his first return into this kingdom from the said parts beyond the seas after the accruing of the said several debts and causes of action ; and the plaintiffs further say, that they commenced their suit thereupon in this action against the defendant within six years after the defendant's said first return into the kingdom after the accruing of the said several debts and causes of action. Verification. Rejoinder-that at the time when the said several supposed debts and causes of (a) See Battersby v. Kirk, 2 Bing. N. C. 584 ò S. C. 2 Scott. lM.i&W.72. LANE V.BENNETT 351 action in the declaration mentioned accrued to the plaintiffs, he the said defendant was not in parts beyond the seas, &c., and issue thereupon. The cause was tried at the Sheriff's Court, in London, before Mr. Serjeant Arabin, on the 29th of April last, when, the plaintiff having recovered a verdict, Steer, in faster Term last, obtained a rule for a nonsuit, or for judgment non obstante veredicto, on the ground that Ireland was not now a place beyond the seas, within 4 Anne, c. 16, s. 19. Erie shewed cause, and Steer was heard in support of the rule; but the arguments are so fully stated in the judgment of the Court, that it is thought unnecessary to report them here. The Court took time to consider, and the judgment of the Court was now delivered by lord abcnger, C. B. In this case, to a plea of the Statute of Limitations to an action for goods sold, the plaintiff replied that the defendant was, when the cause of action accrued, in parts beyond the seas, to wit, in [72] Ireland ; and it appeared on the trial before my Brother Arabin, that the defendant was in Dublin at that time : and the question is, whether Ireland be now a place "beyond the seas," within the meaning of the...
To continue reading
Request your trial
-
Rover International Ltd v Cannon Film Sales Ltd
... ... 4 Thirdly, Proper appeal against another part of the judgment holding that they are liable to pay a sum of $900,000 to Cannon pursuant to a ... ...
-
Freeman v Birch
...plea. The Act of Union, 39 & 40 6. 3, c. 67, article 5, merely recognizes the Church as by law established in Ireland. In Lane v. Bennett (1 M. & W. 70. Tyrwh. & Gr. 441), it was held that Ireland was still a place "beyond the seas," under stat. 4 Anne c. 16, s. 19, An Irish record is not m......
-
Chandler v Vilett
...a place beyond the seas so as to entitle the plaintiff to bring his action within six years after the defendants return thence to England. 1 M. & W. 70, Lane v. Bennett. See also 2 Bing. N. C. 584, 603, Battersly v. Kirk. 3 Scott, 11, S. C. An instance of the protection of married women und......
-
The Queen (Corporation of Dublin) v Dublin Metropolitan Police Magistrates
...596. (5) L. R. 1 C. C. R. 266. (1) 1 New Sessions Cases, 162. (2) 5 Ad. & E. 563. (1) 1 C. P. D. 596. (2) 5 & 6 Wm. 4, c. 76, s. 142. (1) 1 M. & W. 70. (2) 6 Exch. (1) 1 New Sess. Cases, 162. ...