Francis Lidwell and Catherine Lidwell v Frederick Lidwell and Others

JurisdictionIreland
Judgment Date29 November 1844
Date29 November 1844
CourtRolls Court (Ireland)

Rolls.

FRANCIS LIDWELL and CATHERINE LIDWELL
and
FREDERICK LIDWELL and others.

Ex parte Rhodes 15 Ves. 539.

Rex v. DavisENR 9 East, 317.

Sneap's case 1 Cook's Bankruptcy cases, 223.

Fisher v. DuddingUNK 3 Scott, N. R. 516.

Pitcher v. Roberts 2 Dowl. P. C.; N. S. 394.

Madden v. DavisENR Flan. & Kel. 475.

CASES IN EQUITY. FRANCIS LIDWELL and CATHERINE LIDWELL v. FREDERICK LIDWELL and others. THIS was an application on behalf of the defendant Frederick Lidwell (being a cross-motion on an application by the plaintiff) that the certifiÂÂcate of Edward Litton, Esq., the Master in this cause (annexed to the account of John Luther and John Casten, the late sequestrators in this cause, and whereby the said Master certified that on the 16th day of November inst., there remained due to the plaintiffs for costs the sum of 190. 16s. 8d.,) be varied so far as the same computes interest upon the sum of 357. 9s. 4d., the amount of the costs of the plaintiffs under the decree in this cause, from the 24th day of May 1842, being the date of said decree, to the 27th day of June 1843, being the date of the Master's certificate of taxation. By decree in the cause bearing date the 24th of May 1842, it was referred to the Master to take an account of the sum due to the plaintiffs on foot of two annuities in the pleadings mentioned ; and the plaintiffs were by the said decree declared entitled to be paid the same, together with their costs in this cause ; and it was thereby referred to the Master to tax and ascertain the said costs. On the 27th of June 1843, the costs of the plaintiffs were ascertained and taxed by the Master to the amount of 357. 9s. 4d.; and by an order of the 28th of July 1843, sequestrators were appointed over the - defendant's lands for the purpose of paying the amount of the taxed costs. By order of the 18th of June 1844, it was ordered that the said sequestrators should be discharged, upon the terms of the said defendant Frederick Lidwell lodging in the Bank of Ireland to the credit of the cause, the sum of 50 within ten days, which he accordingly did. The sequestrators passed their account on the 15th of November 1843. The Master by his certificate stated amongst other matters, " That there "is a balance in the hands of the said sequestrators, on foot of the said " annexed account, amounting to the sum of 190. 16s. 8d., which I have "ascertained to be still due to the plaintiffs for principal and interest, up " to the 16th day of November next, as per account annexed, on foot of the demand for which the sequestration in this cause issued. 92 1844. Rolls. CASES IN EQUITY. The account set out was follows :- X s. d. Amount of taxed costs .. .. 357 9 4 LID WELL Interest at 4 per cent., from 24th of May 1842, V. to 3rd of June 1844, being two years and ten LIDWELL. days, .. .. 28 19...

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  • Clarke v Commissioner of an Garda Síochána
    • Ireland
    • Supreme Court
    • 31 Julio 2001
    ...3 MYL & K 302 COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S47 COURTS ACT 1981 S21 COURTS ACT 1981 S22 COURTS ACT 1981 S26 LIDWELL V LIDWELL 7 IR EQ REP 91 TAYLOR V ROE 1894 1 CH 413 PYMAN V BURT 1884 WN 100 RSC APPENDIX H RSC APPENDIX F PART II RSC O.42 r13 SCHROEDER V CLEUGH 46 LJCP 365 ALE......

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