Assignee of Lynch v Kennedy

• Jurisdiction: Ireland
• Judgment Date: 23 January 1849
• Date: 23 January 1849
• Court: Court of Common Pleas (Ireland)

Common Pleas.

Assignee of LYNCH

and

KENNEDY.

Hobhouse v. Hamilton 1 Seb. & Lef. 207.

Malcolmson v. Gregory 1 H. & Br. 310.

Majuire v. Armstrong 1 H. & Br. 313, n.

Barry v. Hoare 4 Ir. Law Rep. 97.

Bruce v. Cooke 1 H. & Br. 318, n.

Creagh v. Fulton 5 Ir. Law Rep. 322.

Watters v. Lidwill 9 Ir. Law Rep. 362.

Hicks v. CracknellENR 3 M. & W. 72.

Took v. GlascockENR 1 Saund. 251.

Jefferson v. MortonENR 2 Saund. 11, b.

Wood v. LonguevillENR 2 Saund. 275.

Rex v. HopperENR 3 Price, 495.

Fish v. Broket Plowd. 266.

Hynde's caseUNK 4 Rep. 71, b.

Karne v. PrytherENR Cro. Jac. 375.

5 Ir. Law Rep. 327.

Malcolmson v. Gregory 1 H. & Br. 310.

Bruce v. Cooke 1 H. & Br. 319, n.

Boyle v. Ferrall 12 Cl. & F. 740.

Hobhouse v. Hamilton 1 Sch. & Lef. 207.

Malcolmson v. Gregory 1 H. & B. 310.

Bruce v. Cooke 1 H. & B. 318.

Butler v. Edwards Ubi. supra.

Maguire v. Armstrong 1 H. & B. 313.

Barry v. Hoare 4 Ir. Law Rep. 97.

Watters v. Lidwill 9 Ir. Law Rep. 362.

Creagh v. Fulton 5 Ir. Law Rep. 322.

Assignee of LYNCH v. KENNEDY.* Jan. 23. SCIRE FACIAS upon a 'judgment (on confession) recovered in Trinity Term, 4 W. 4, for 1800 debt and 2. 2s. 8d. costs, by Francis Lynch against J. M. Kennedy. The scire facias contained the following averment :-" And the said Francis Lynch afterwards "came into our said Court, and by deed duly executed according to "the form of the statute and soforth, assigned, transferred and "made over the judgment debt and damages aforesaid to Edmond "Morrogh, of, &c.; as by the memorial and record thereof remaining "in our said Court, as of Trinity Term, in the eighth year of our " reign, manifestly appears," &c. &c. The defendant's plea was executio non-" Because he says that "the said Francis Lynch, in said writ of scire facias mentioned, did " not assign, transfer or make over the said alleged judgment debt " and damages in the said writ of scire facias mentioned to the said "Edmond Morrogh in manner and form as in the said writ of scire "facias is alleged ; wherefore he prays judgment if the said Edmond "Morrogh ought to have execution for the debt and damages in the "said writ of scire facias mentioned, against him the said J. M. "Kennedy, and soforth." To this plea the plaintiff Edmond Morrogh demurred, assigning as special cause that it sought to traverse the assignment, and thus put in issue and have tried by the country a fact which is matter of record and triable only by inspection of the record itself; and that by traversing the deed of assignment the plea tendered an immaÂÂterial issue ; and that it traversed a matter of fact alleged in the scire facias, and did not conclude to the country, but concluded to the Court. The demurrer assigned several other special causes which it is needless to detail here. Joinder in demurrer. TOURENS, J., absent in consequence of illness.. 342 CASES AT LAW. H. T. 1849. .J E. •Walsh, for the defendant, was called upon by the Court to CommonPleas. support the plea. LYNCH An inquiry into the cases which have arisen upon the statute V. KENNEDY. 9 G. 2, c. 6 (Ir.), will, we admit, show dicta opposed to the validity of such a plea as the present. In every instance it will be found that those dicta were extra-judicial. In none of the reported cases was the subject for determination the same as that now at bar. In Hobhouse v. Hamilton (a) and Malcolmson v. Gregory (b), the actual decision was merely that an attested copy of the...