Caulfield, A Bankrupt

• Jurisdiction: Ireland
• Judgment Date: 25 January 1843
• Date: 25 January 1843
• Court: Queen's Bench Division (Ireland)

Queen's Bench

In the matter of CAULFIELD, A Bankrupt.

Commbe's case 2 Rose, B. R. 396.

Ex parte BookerUNK 3 Deac. 347.

Crowley's caseENR 2 Swans. 1.

Ex parte NowlanENR 6 T. R. 118.

Langhorne's case 2 Wm. Blac. 919.

Taylor's case 8 Ves. 328.

Ex parte Oliver 2 Ves. & B. 244.

Ex parte Lee 2 Mont. & Ayr. 15.

Ex parte Oliver 2 Ves. & B. 250.

Ex parte NowlanENR 6 T. R. 118.

Crowley's caseENR 2 Swans. 1.

358 CASES AT LAW. H. T. 1843. Queen'sBench. Jan. 25. An affidavit to ground a moÂÂtion for subÂÂstitution of service upon parties out of the jurisdicÂÂtion, should state the grounds of the belief of the deponent that the parties are resident out of the jurisdicÂÂtion. Lessee TRUMBAL v. EJECTOR. MR. CHEYNE moved that service of the declaration in this cause might be substituted on the parties who were resident out of the jurisdiction. The affidavit states they are resident out of the jurisdiction. BURTON, J. The affidavit should assign some reason for stating why the deponent takes it for granted the party resides out of the jurisdiction: for the sake of precedent it is right that statement should be made. No rule. * Solus. In the matter of CAULFIELD, a Bankrupt.* J. 25. If upon his ex MR. R. C. WALKER, on behalf of Caulfield, a bankrupt, applied that he amination be fore the Com should be discharged from the custody of the marshal, on the ground missioners of Bankrupt, the that the warrant on which the committal was founded was defective. This B bankrupt application was made under the 52nd section of the Bankrupt Act (6 W. swear to a dis position of his 4, c. 14). property, The warrant stated, that a commission had been issued against the which no rea- sonable man bankrupt on the 20th of August 1842, that he had surrendered, and had can believe, made the following depositions touching his estate and effects :-" I the Commis- sioner is au- 4( commenced business in December 1840, with my brother, in Athy ; thorised in committing " and in October 1841 we also commenced in Maryborough ; my brother him under the cc conducted the business in Maryborough, in Athy. We kept in the shop 52nd section of the 6 W. 4, " at Athy three books, namely, a bill book, a book of expenses, and a c. 14. " book containing an account of the goods received, and cash received, On an ap- plica to "and and all p a yments. All the entries in the bill book were made by me. tion the Court of " The first entry in the words following :-' No. 1, Margaret Caulftekl Queen's Bench to discharge the bankrupt from custody, an affidavit containing additional statements of the bankrupt is not admissible ; the party must he hound by the warrant. * Absence Pennefatber, C. J. CASES AT LAW. 359 " more than three months after we commenced business in Athy; the " words ' passed bond' in said entry are written upon an erasure, and I " will explain how. I had previously written the word paid' in mistake, "and the said word 'paid' so continued for at least five or six months ; " I did not make that erasure until after my brother passed a bond to a " trustee for my mother, Margaret Caulfield, for the sum of £176 in " November 1841 ; and upon the occasion of the passing of said bond, " I discovered the mistake in said entry, and I therefore erased the word " paid,' and wrote upon the erasure passed bond.' There never was "any bill of exchange or promissory note passed by me and my brother, " or either of us, to my mother for the sum of £118, or at all, but as " my mother advanced money from time to time for our said trade, I "gave her I. 0. U.'s for £176, as I believe ; I never saw any of said "I. 0. U.'s since, and as far as I believe my mother has them. My "reason for inserting the particulars of said bill was, to know when " we got the money from my mother ; and we were at that time " under a verbal promise of returning it in three months, and we "wished at that time to know the money due to her : and I cannot " give any more satisfactory explanation or answer, except that we wished "to know at what time, under the said verbal promise, the money would " be due to her; I cannot...