Ledwidge v Mayne

JurisdictionIreland
Judgment Date11 June 1877
Date11 June 1877
CourtChancery Division (Ireland)

V. C. Court.

LEDWIDGE
and

MAYNE.

Practice — Affidavit as to documents — Form of.

VOL. EQUITY 463 -UM WIDGE v. MAYNE. Practice-Affidavit as to documents-Form of. An affidavit as to documents should in terms negative possession by an agent, and should refer to the documents in deponent's possession with sufficient clearÂÂÂness to enable them to be identified. MOTION that the Defendants should. file further affidavits as to documents. Oa the 30th of April, 1877, an order was made in the usual form, on the application of the Plaintiff, that the Defendants should make affidavits as to documents. The affidavit of the Defendant Mayne, in pursuance of the order, was as follows:- " I was a total stranger to, and wholly unacquainted with, Bridget LedÂÂÂwidge referred to in the bill in this cause, her family, farm, assets, or dealings, and I never saw or had, nor have I now in my possession or power, any of the documents relating to the matters in question in this cause, save that certain of said documents hereinafter specified were in the possession of Pelham Joseph Mayne, solicitor, and were shown to me previous to swearing my answer in this cause ; and which documents, as I believe, had been given to the said Pelham Joseph Mayne by Thomas Hall, deceased, and were retained by the said Pelham Joseph Mayne, and are still in his possession, and ready to be produced in pur suance of the order of the Right Hon. the VICE-CHA.NCELLOR, dated the 30th of April, 1877, and which documents are hereinafter specified. And I further say that I have not in my possession or power any other documents relating to the matters in question in this cause." A. list of documents, each of which was marked as an exhibit, was set out at foot of the affidavit. The Defendant Rochford made an affidavit in the same form. The affidavit made by the remaining Defendant Lynch was in the following words I have not, nor have had, in my possession or power, any documents reÂÂÂlating to the matters in question in this cause, save, and except the several documents hereinafter mentioned, and which are now in the possession of my solicitor in this cause, all and every of which documents my said solicitor is ready to produce, as directed by the order made in this cause' bearing date the 30th of April, 1877, viz., Copy account of the' eiecutors- cif 'the'late' Bridget VOL. XL 2H 464 THE IRISH REPORTS. R F. C. Court. Ledwidge furnished by P. J. Mayne to Messrs. Casey & Clay...

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