Creal v Dickson

• Jurisdiction: Ireland
• Judgment Date: 10 June 1839
• Date: 10 June 1839
• Court: Exchequer of Pleas (Ireland)

EXCHEQUER OF PLEAS.

CREAL

and

DICKSON

Carmichael v. Owens 6 Law Rec. 2d ser. 139.

White v. IrvingENR 2 Mees. & Wels. 127.

Lessee Fry v. King Smith & Bat. 86.

AFFIDAVIT TO HOLD TO BAIL — JURAT — PRACTICE.

TRINITY TERM, SECOND VICTORIA. 375 twenty years ; but the act of the court, in granting merely a conditional order, disabled the party from issuing his sche facias within that period. The plaintiff was thus placed under a disadvantage, from which he has since recovered,-and by the slip which has been made by the defendant in his pleading, the plaintiff has in his turn gained an advanÂÂtage, of which I think we cannot, in justice, now deprive him by perÂÂmitting the proposed amendment. My opinion is formed with reference to the facts of this particular case ; and under the circumstances, I think it right to say, No rule on the motion. 1839. GRAHAM v. SHAW. NOTICE OF BAIL-PRACTICE. COUGHLAN V. DEVINE. Mr.ROGERS objected to the notice of bail, upon the ground of its mis- There is no dis tinction be describing the bail, who were termed " house-holders" instead of " house- tween the ws- keepers," contrary to the G. It. of Hil. 1832. "house-hold- er " and house- keeper, "-in a RICHARDS, B. said he understood that BARON PENNEFATHER, in a notice of bail. case before him,- bad overruled the distinction which had been theretoÂÂfore considered as existing between these words.-His Lordship exÂÂpressed his concurrence in that decision, and accordingly, overruled the objection in the present case. • Solus. f See that case ante p. 249. See also the cases in note, ibid. Monday, June 10th. AFFIDAVIT TO HOLD TO BAIL-JURAT-PRACTICE. CREAL V. DICKSON. The defendant was arrested and held to bail on the 14th of April, The jurat of an affidavit to 1839, but did not obtain the usual rule, that the plaintiff should shew hold to bail in this court, in the following form-" sworn before me, at" &c. " in the county of " &c. " by virtue of a commission for taking affidavits in said county, and I know the deponent, out of her Majesty's Court of Queen's Bench, in Ireland."- J. K. Commissioner Held-not to be sufficient, although the affidavit was entitled -" Law Exchequer." The defendant, who had been arrested and held to bail upon such affidavit was discharged from custody, although he had allowed a term to elapse before obtaining the usual rule to chew cause of bail. 376 CASES IN THE EXCHEQUER OF PLEAS. cause of bail, until the 8th of June. The...