George Frederick Mowlds, Attorney, v Robert Lynch Power

• Jurisdiction: Ireland
• Judgment Date: 16 November 1841
• Date: 16 November 1841
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

GEORGE FREDERICK MOWLDS, Attorney,

and

ROBERT LYNCH POWER.

Willis v. ElliottENRUNKENR 3 C. & P. 117; S. C. 1 M. & P. 19, and 4 Bing. 392.

Hamill v. Hannan 5 Law Ree. N. S. 223.

Bailey v. WilkinsonENR 2 Doug. 671.

Dance v. WyattENRUNK 6 Bing. 486; S. C. 4 Moo. & P. 201.

Webb v. FoxENR 7 T. R. 391.

Fowler v. DownENR 1 Bos. & P. 44.

Silk v. OsbornENR 1 Esp. N. P. 140.

Evans v. BrownENR 1 Esp. N. P. 169.

Laroche v. WakemanENR 1 Peake, N. P. 190.

Taylor v. Buchanan 4 B.& C. 419.

Kitchen v. BartschENR 7 East, 53.

Snow v. TownsendENR 6 Taunt. 123.

Webb v. WardENR 7 T. R. 296.

Webb v. FoxENR 7 T. R. 391.

Fowler v. DownENR 1 Bos. & P. 4.

Laroche v. WakemanENR Peake, N. P. 190.

Silk v. OsbornENR 1 Esp. 140.

Evans v. BrownENR 1 Esp. 169.

Taylor v. BuchananENR 4 B. & C. 419.

Snow v. TownsendENR 6 Taunt. 123.

Webb v. WardENR 7 T. R. 296.

Kitchen v. BratschENR 7 East, 53.

Evans v. Brown Esp. 169.

Dance v. WyattENR 6 Bing. 486.

CASES AT LAW. 163 GEORGE FREDERICK MOWLDS, Attorney, v. ROBERT LYNCH POWER. Assuursm-The declaration in this case was entitled as of Easter Term 1840, and contained a special count in assumpsit for the amount of a bill of exchange drawn by the defendant upon the plaintiff; and which the latter accepted for the accommodation of the former, and was afterÂwards obliged to pay. The defendant's plea, which was filed upon the 21st of November 1840, stated that the plaintiff, upon the 16th of Sep.. tember 1840, being then a prisoner, filed his petition as an insolvent debtor, praying to be discharged, &c., pursuant to a certain statute, &c., and that upon the same day the said plaintiff, by a certain indenture, conveyed and assigned to the provisional assignee all his estate, rights, &c., to all real and personal estate and effects of the plaintiff, and which said petition was not dismissed, and which said indenture was in full force and effect. This plea concluded with a verification. Replication, precludi non ; because he saith that after he was so arrested, and after he filed his petiÂtion and executed the said indenture, and before said plea was filed, to wit, on the 3rd of October 1840, the said plaintiff settled the debt for the recovery of which he was arrested and in prison, as in said plea menÂtioned, and did not further proceed with his said petition, and was disÂcharged out of prison with the consent of his detaining creditor, and did not obtain his discharge from prison by virtue of any order or adjudicaÂtion of said Court, whereby the jurisdiction of said Court over the said matter of said petition became determined; and the said assignment became inoperative and void : and concluded with a verification. M. T. 1841. Queen'sBench. Nov. 9, 16. In Easter Term 1840, the plaintiff sued the deÂfendant in asÂsumpsit upon a special conÂtract, to which the defendant pleaded that after the filing of the declaraÂtion, the plainÂtiff beiug a prisoner, filed his petition as an insolvent debtor, prayÂing to be disÂcharged purÂsuant to the Statutes for Relief of InÂsolvent D ebtÂors , and conÂveyed and asÂsigned all his interest in all his real and personal proÂperty to the provisional asÂsignee, and that said petiÂtion was not dismissed, and that said in denture was in full force and effect. The plaintiff replied, that after he was arrested and executed the said assignment, and before said plea was filed, he settled the debt for which he had been arrested and in prison, and did not further proceed with his said petiÂtion, and was discharged out of prison with the consent of his detaining creditor and did not obtain his discharge from prison by virtue of any order or adjudication of said Court, whereby the jurisdiction of said Court over the said matter of said petition became deterÂmined, and the said assignment became inoperative and void. To this...