Burns v O'Leary

• Jurisdiction: Ireland
• Judgment Date: 04 November 1852
• Date: 04 November 1852
• Court: Queen's Bench Division (Ireland)

Queen's Bench

BURNS

and

O'LEARY.

Brien v. Brien 1 H. & Br. 300, n.

Rowe v. Murray 1 H. & Br. 296.

Barton v. Seymour 1 H. & Br. 304, n.

Holmes v. Newlands 5 Q. B. 367.

Kane v. Bridgman 5 Ir. Law Rep. 222.

Walters v. Lidwell 9 Ir. Law Rep. 362.

Swete v. Austin 1 H. & Br. 308, n.

COMMON LAW REPORTS, OF CASES ARGUED AND DETER5INED IN THE COURTS OF QUEEN'S BENCH, COMMON PLEAS, EXCHEQUER, Cycbtqurr Cbamber AND COURT OF CRIMINAL APPEAL. BURNS v. O'LEARY.* M. T. 1852. Queen's Bench (Queen's Bench.) Nov. 4. ScniE FACIAS, on a judgment of Easter Term 1850, recovered by To a scire facias on the plaintiff against the defendant on a plea of confession, for the a judgment, miinggeenxeei- sum of 120 and costs. The writ was in the ordinary form, pray- rally, d th anh et in g execution against the defendant for the debt and damages, according to the form of the recovery. pleaded that a ca. sa. had To the scire facias, the defendant pleaded that, after the rendi- been issued by the plain tion and recovery of the said judgment, and whilst the said judgment tiff on foot of the judgment was in full force, and before the commencement of this action, the in the sci. fa. mentioned, said plaintiff, for obtaining satisfaction of and upon said judgment, under which the defendant and of the said debt, sued and prosecuted out of the said Court a had been ar- rested ; and caplas ad satisfaciendum against the said defendant, directed to the then averred that the de fendant was released and discharged from this arrest by consent of the plaintiff, and from the execution upon said judgment.-Held, that such a plea was bad on general demurrer. Held also, that, admitting the facts stated in the plea to be true, the sci. fa. need not pray a special execution excluding personal arrest. Semble.-The voluntary discharge of a debtor, in custody under a ca. sa. issued on foot of a judgment, does not deprive the creditor of his right to issue another execution under the statute 35 G. 3, c. 30. * PERRIN, J., absente. VOL. 3. 1 L M. T. 1852. Queen's Bench BURNS V. O'LEARY. 2 COMMON LAW REPORTS. Sheriff of the county of Cork ; by which writ the Sheriff was comÂÂmanded that he should take the said defendant, and her safely keep, &c.: by virtue of which said writ, the Sheriff afterwards, and before the return thereof, and before the commencement of this action, arrested the said defendant for the cause therein specified. That whilst the said defendant was still in arrest and execution...