Nunn v Lomer
| Jurisdiction | England & Wales |
| Judgment Date | 16 February 1849 |
| Date | 16 February 1849 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 930
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 18 L J Ex 247, 342, 13 Jur 236
NuNN v lomer Feb 16, 1849 -It is not a good plea in abatement to a declaration in sciro facias against a member of a JointVstock Banking Company, on a Judgment obtained against the public officer of such Company, under the 7 Gao 4, c 46, that a concurrent writ of scue facias has been sued out on the same judgment against another member of the Company [S C 18 L J Ex 247, 342 , 13 Jui 23G ] Scrre facias The declaiation set focth the wrrt, which alleged that W H Nunn (the plaintiff), under and by vntue of the statute &c , recovered against Benjamin Mew, one of the public offrcers foi the time being of and for certain persons, united in Co-paitiiership for the purpose of canying on the trade and business of bankers, in England, according to the statute &c , under the name, style, and hrm of the Isle Of Wrght Joint-stock Banking Company, a debt of 28,0001, and 81 15s costs, and prayed execution against the defendant, as a member of the said co pat trier ship Plea in abatement, that, on the same day and yeai in which the wnt issued, the plaintiff elected to sue out execution, on the judgment in the writ and declaration mentioned, against one Thomas Cooke, a member of the said co-partnership, and did accordingly, on. the same day and year, m pursuance of such election, prosecute and sue out anothei writ of sci fa against the said Thomas Cooke, as and then being such a member The plea then set out the writ against Cooke, and aveued that he 3 EX.472. NUNN V. LOMER 931 was still living, and that the said writ against him was still depending. Verification, and prayer of judgment of the writ and [472] declaration of the plaintiff', and that the same might be quashed. Special demurrer, and joinder. The points stated for argument on the part of the plaintiff were, that the tendency of a writ of sci. fa. against another party, as pleaded, was no reason for quashing the sci. fa. against the defendant in this action ; that the plea gave no other or better writ; that the plea was a plea in bar, and not iti abatement; that it did tiot shew that Thomas Cooke was within the jurisdiction of the Court, or within the realm, or that he could be proceeded against under the writ ; that by statute 7 Geo. 4, c. 40, execution may be sued out against any member or members of such company as the one in the pleadings mentioned. The paints stated...
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Nixon v Brownlow
...writs of scire facias The point has been decided under stat. 7 Geo. 4, c 46, s. 13 , Btumesfci v. Giopton (3 Exch 397), Nunn v. Lomei (3 Exch 471) J. G. Malcolm, for the defendant The declaration is insufficient The Company may have had funds elsewhere than in the city of London. This is a ......