Crean (Sub-Sheriff of County of Mayo) v D (A)

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 01 January 1925
• Date: 01 January 1925

S. C., I. F. S.,

In the Matter of a Petition for Arrangement by A. D

Austin Crean, Sub-Sheriff of County of Mayo

Appellant

A. D.

Respondent

Protection - Notice of - Levying of execution after protection order obtained - Resulting order against sub-sheriff for petitioning debtor's costs and costs of creditors affected - Jurisdiction -Section 64, Bankruptcy Act, 1872, and ss. 343 and 391 of Act of 1857.

A judgment for the sum of £32 0s. 2d. was obtained against respondent. Before levying of execution by the sub-sheriff, respondent sought and obtained the protection of the Court. The sub-sheriff levied execution of the writ; on a consequent motion for the attachment of the sub-sheriff and an order against the said sub-sheriff for the petitioning debtor's costs and the costs of the creditors concerned, the said order for attachment of the said sub-sheriff was refused, but Mr. Justice Johnston granted the two orders latterly mentioned. Appellant alleged no knowledge of the existence of the protection order; respondent alleged that he apprised appellant. On an appeal by the...