Reynolds v Welsh
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1834 |
| Date | 01 January 1834 |
| Court | Exchequer |
English Reports Citation: 149 E.R. 1211
EXCH. OF PLEAS.
S. C. 5 Tyr. 202; 3 Dowl. P. C. 441; 4 L. J. Ex. 40.
[680] reynolds v. welsh. Exch. of Pleas. 18:!4.-The plaintiff declared in the commencement of his declaration as assignee of the sheriff', and then set forth a bond to himself:-Held no ground of demurrer. [S. C. 5 Tyr. 202; 3 Dowl. P. C. 441 ; 4 L. J. Ex. 40.] The declaration commenced as follows:-" S. It., assignee of S. W., Esq., and .1. H., Esq., sheriff of the county of Middlesex, &c., complains of the defendant, who has been summoned to answer the said S. R., assignee, &c., as aforesaid," &c., and it then proceeded to set forth a bond made to the plaintiff himself. Demurrer, assigning for cause that the plaintiff had declared as assignee of the sheriff, upon a bond afterwards alleged to be executed to himself, without shewing any assignment by the sheriff. Joinder in demurrer. Channell, in support of the demurrer. The description of the party cannot be treated as surplusage, for here the plaintiff could only sue in his representative capacity. pahke, B. It was not necessary to insert the...
To continue reading
Request your trial
-
Darcy v Burke
...N. S. 839. May v. Hodges 5 Ir. Law Rep. 584. Fletcher v. CrosbieENR 9 M. & W. 252. Corner v. ShewENR 3 M. & W. 350. Reynolds v. WalshENR 1 C. M. & R. 580. French v. WiltshireENR Andrews, p. 67, Flu. 11. 28 CASES AT LAW. H. T. 1850, operates only as a suspension of the remedy, and not an ext......
-
John Thompson v Charles Kelly
...Christie v. PeartENR 7 M. & W. 491. Edwards v. BuchananENR 3 B. & Ad. 791. Fletcher v. CrosbieENR 9 M. & W. 252. Reynolds v. WalshENR 1 C. M. & R. 580. WiltshireENR Andrews, 67. Mees. and Wels. Fletcher v. Crosbie, p. 252. Keily v. Whittaker 1 Ir. Law Rep. 28; S. C. Jones & Car. 7. 32 CASES......