Harriet A. Martin, Executrix of Harriet Martin, Deceased, v Geoghegan

• Jurisdiction: Ireland
• Judgment Date: 25 January 1850
• Date: 25 January 1850
• Court: Queen's Bench Division (Ireland)

Queenƒ€™s Bench

HARRIET A. MARTIN, Executrix of HARRIET MARTIN, deceased,

and

GEOGHEGAN.

Fearn v. LewisENR 6 Bing. 349.

Poyder v. Bluck 5 D. P. C. 570.

Morrell v. FrithENR 3 M. & W. 402.

Tanner v. SmartENR 6 B. & C. 603.

Hart v. PrendergastENR 14 M. & W. 741.

Haydon v. WilliamsENR 7 Bing. 163.

Dickinson v. HatfieldENR 1 M. & Rob. 141.

Philips v. PhilipsENR 3 Hare, 281.

Gibbons v. Mƒ€™CasslandENR 1 B. & Al. 690.

Bewley v. Power H. & Jon. 368.

Keene v. Persse Jon. 99.

Murphy v. Meredith 5 Ir. Law Rep. 120.

CASES AT LAW. 403 by an order of the Judges, the old writ should be followed. The return in Spratt H. T. 1850. v. Hinds, it will be observed, negatived the seisin of the conusor, of any of the Queen's Bench other kinds of property now liable to an elegit, and was not open to the objection to the return in Buchanan v. Sadlier, which merely followed the writ; in Spratt BUCHANAN v. Hinds it was argued that even if the writ were defective the return cured it. SADLIER. The Court of Exchequer, in Scott v. Foley (3 Ir. Jur. 246), decided in conformity with the decision in the Queen's Bench ; so that the question may now be conÂsidered as concluded. In that case the writ was in the old form, and the return followed the writ. Possibly there is no getting over the argument that the sections of 3 & 4 Vic. c. 105, relating to judgments, were enacted for the benefit of creditors who may waive that benefit, and not for the advantage of purchasers. • HARRIET A. MARTIN, Executrix of HARRIET MARTIN, deceased, v. GEOGHEGAN. ASSUMPSIT, for money lent, had and received, and on an account stated, by the defendant to the deceased Harriet Martin, and also for money lent, &c, by the plaintiff, as executrix of Harriet Martin, to the defendant. The declaration was filed in Easter Term 1849. Pleas-The general issue, the Statute of Limitations, and a set-off. On the trial of these issues, before BLACKEURNE, C. J at the Sittings after Trinity Term 1849, the plaintiff, in support of her case, proved the granting of probate to her on the 15th of December 1846, of the will of Harriet Martin, and also administration de bonis non of the goods of Georgina Martin. She further proved that in the year 1843 a sum of £10,000 was lodged in Bank for the benefit of Harriet Martin and her children, and that £2150 of that sum was payable to Georgina Martin. That in the month of JanuÂary 1843, £400 of that money was paid to the defendant on the...