Moon and Another, Assignees of Fisher, a Bankrupt, v Raphael, Esq., and Another
| Jurisdiction | England & Wales |
| Judgment Date | 18 June 1835 |
| Date | 18 June 1835 |
| Court | High Court |
English Reports Citation: 173 E.R. 51
IN THE COURTS OF KING'S BENCH, COMMON PLEAS, AND EXCHEQUER.
Adjourned Sittings at Westminster, after Trinity Term, 1835, before Mr. Justice Gaselee June 18th, 1835 moon and another, assignees of fisher, a bankrupt, v. raphael, esq., and another (In am action of trover against a sheriff, if it appear that the officer's warrant is lost, parol evidence may be given of its contents, with a view of connecting the sheriff with the officer, although it appear that a book is kept at the sheriff's office in which an entry is made of all warrants granted by the sheriff, and this book is neither produced nor called for on the part of the plaintiff In an actaon by the assignees of a bankrupt, the defendant, if he means to dispute the petitioning creditor's debt, act of bankruptcy, &c , must give the notice required by the 90th section of the Bankrupt Act, 6 Geo IV. c 16, and a plea " that F. was not duly declared a bankrupt " does not operate as such notice.) [Subsequent proceedings with annotations, 2 Bmg N. C 310 ] Trover against the defendants, as sheriff of Middlesex, for goods Pleas-first, not guilty ; second, that the plaintiffs; were not possessed of or entitled to the goods ; third, that Fisher was not duly declared a bankrupt. To connect the defendants as sheriff with the taking of the goods, the officer was called, who stated that he had had a warrant, which was lost. It also appeared that a book is kept at the sheriff's office in which an entry is [116] made of the contents of every warrant that is granted by the sheriff to any officer. R. Alexander, for the defendants -Ought not the plaintiffs to prove the contents ef tke lost warrant by calling for the entry in the book at the sheriff's office ? Gaselee, J -As the original warrant ib lost, parol evidence of its contents is receivable. The evidemce was received (a). It was proposed, on the part of the...
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Neilson and Others v Harford and Others
...the case of a notice to dispute bankruptcy, and of notice of action to magistrates : Trimlei/ v. Umm/i (6;B. & C. 537), Moan v. Raphael (7 C. & P. 115). Secondly, the plaintiffs are entitled, upon the finding of the jury on the issue as ta;the sufficiency of the specification, to have the v......
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Moon and Another, Assignees of Fisher, a Bankrupt, v Raphael and Another
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