Cassan v Carr

• Jurisdiction: Ireland
• Judgment Date: 24 February 1853
• Date: 24 February 1853
• Court: Rolls Court (Ireland)

Rolls.

CASSAN

and

CARR.

CHANCERY REPORTS. 577 1853. Rolls. CASSAN v. CARR. Feb. 24. Tits cause petition in this matter was filed on the 10th of SeptemÂber 1852, by a judgment creditor of the Rev. Thomas Carr, deceased, charging that there were large sums of money due to the said Thomas Carr at the time of his death, for arrears of rent, and that he had been incumbent of the parish of Aghadoe, and had expended A motion to restore a cause petition, disÂmissed for want of proÂsecution, should not be granted as a matter of That course. There a considerable sum of money in erecting a new glebe-house. must be speÂthe Rev. Singleton Harpur was his successor, and was liable to his cial circum stances, and personal representative for the amount so expended, and that an it must appear that substan . action had been brought in the Court of Common Pleas against tially justice would be de Mr. Harpur, and a verdict obtained in June 1852 for £1061. feated if the Court were to 10s. 9,1d., subject to the opinion of the Court on certain points re- refuse the ap plication. served. The petition prayed administration, an injunction, and a receiver over the personal estate. The petitioner moved for an in- . Statement junction and receiver on the 1 1 th of November 1852, when the Lord Chancellor refused the motion, with costs. The case of Harpur v. Carr stood over for further argument until Easter Term 1853. But the petition having been dismissed by the 27th Order of 1851, on the 1st of February 1853, the petitioner now moved to reinstate the petition, on the terms that it should be heard in or beÂfore Trinity Term 1853, without prejudice to his being at liberty to apply to exteid the time for setting down the petition for hearing, if circumstances should render such application necessary, in conseÂquence of there not having been a decision on the points reserved in Harpur v. Carr. Mr. Leach, for the motion. Mr. Hughes, against it. The MASTER OF THE ROLLS. If I were to grant this application, I should virtually set aside the. Judgment. 27th General Order of, July. 1851, That Order provides 'f. That: vot. 2. 74 578 CHANCERY REPORTS. , every cause petition which shall not have been set down for hearing for the space of two whole Terms after the commencement of the time at which it might have been so set down against any party, according to the regulations hereinbefore made, shall thereupon, withÂout any rule or order, stand dismissed ; and any party on whom notice...