ANONYMOUS. [Queen's Bench.]

• Jurisdiction: Ireland
• Judgment Date: 24 November 1841
• Date: 24 November 1841
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

ANONYMOUS.

CASES AT LAW. 103 material. The administration not being granted to the plaintiff, but to M. T. 1841. the person through whom he derived, he is not required to make profert Queen'sBench. of the letters of administration ; and in the case of a derivative admi BARRY nistration it is not necessary to set out the particulars, as a denial of the V. party's being administrator at the time of assignment would have put HOARE. all these matters in issue. The whole of that proposition is expressed in Barnes' Notes, 167, that it is not necessary in the case of a derivative administration to set out these particulars. The remaining causes of demurrer are objections as to the statement of the assignment ; the assignÂÂment is in these words :-" the said, &c., by his 'deed duly executed the " judgment-debt and damages aforesaid, according to the form of the " statute in such case made and provided, to Michael Barry, transferred " and assigned, as by memorial and record remaining in our Court, &c., " appeared." The defects alleged by the demurrer to lie to this statement are as follows : here his Lordship repeated the several causes of demurrer assigned to this part of the scire facias, and said-as to the objection that there is no profert of the assignment, or averment that it was lost, that is answered by the case of Maguire v. Armstrong, in which it was held that the memorial was the assignment ; and with respect to, the statement of the time of entry of the memorial upon the roll, that objecÂÂtion was taken by demurrer in Henry v. Kelly, and 'overruled; and that objection was also, as were the other objections taken to this part of the writ in this case, relied on and overruled in Bruce v. Cooke : and it appears to me perfectly plain that a denial by plea of nul tiel record puts all valid objections upon the record in issue; and that, therefore, upon these grounds the demurrer ought to be overruled. Judgment for the plaintiff. ANONYMOUS. Nov. 24. MR. KINAHAN applied in this case to have the name of a, burgess struck The appeal off the burgess roll. The application was made under the 50th section given under the 50th sec of the 3 & 4 Vie. c. 108, which gives an appeal to this Court against the tionof the3 4 Vie. 108, ic. c. 108 decision of the Revising Barrister; ; and allows the right of the party to against the be on the roll to be objected to in the manner provided in respect to right of a bur- freemen , under the 9th section of...