The King against John Gibson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1743 |
| Date | 01 January 1743 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 706
IN THE COURT OF EXCHEQUER
[35] hilary term, 17 geo. 2, 174:5. the king against john gibson. Friday, 3d of February.-A second extent tested after an assignment under a commission of bankruptcy, and all proceedings thereon, were quashed and set aside, but liberty given to move for a new extent of the same teste as the first, which was antecedent to the assignment, upon notice of motion. The defendant being indebted to the King in a large sum of money on several bonds for the di(ty on coals,an extentissued against him on the 17th of June, 1742, whereon some of the defendant's effects were seized, but a considerable part thereof being secreted, could not be discovered before the return ; another extent was sued out, tested the 7th of July following, and by an inquisition it was found that several of the defendant's goods came to the hands of William Cross, which he had sold for seventy pounds ; and a scire facias was sued out against Cross ; hut a commission of bankruptcy having issued against the defendant, and the commissioners having made an assignment of his goods, chattels, debts, &c., to Cross, after issuing the first, and before issuing the last, extent, the proceedings thereon were become of no effect. [36] Mr. Attorney General therefore moved, that the last extent, tested the 7th of July, and all proceedings thereon, might be quashed and set aside, and that a new extent, tested the 17th of June, 1742, might be awarded against the defendant, that being the time when the fiat for it was obtained. The court ordered the last extent, tested the 7th of July, and all proceedings thereon, to be quashed and set aside; and Mr. Attorney was at liberty to move for a ò new extent, tested the 17th of June, 1742, upou notice of motion. Saturday, llth of...
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