Neligan v Gun

• Jurisdiction: Ireland
• Judgment Date: 26 January 1841
• Date: 26 January 1841
• Court: Exchequer of Pleas (Ireland)

Exch. of Pleas.

NELIGAN

and

GUN.

M'Carthy v. O'Brien 2 Ir. Law Rep. 67.

354 CASES AT LAW. NELIGAN v. GUN. Ma. HICKSON, Q. C., applied for liberty to issue a scire facias to revive a judgment obtained in Trinity Term 1814, by the plaintiff against the defendant. The affidavit of the plaintiff stated, that in 1818, Gun, the conusor, filed a schedule of the debts he then owed, pursuant to the Act for Relief of Insolvent Debtors, and thereby admitted the amount of the said judgment debt to be due to deponent. That Gun immediately after the filing of his schedule was discharged as an insolvent, and soon afterwards died ; and that in 1826, subsequently to the death of Gun, deponent filed a bill in Chancery to raise the amount of the judgment ; that some of the answers were filed and sundry proceedings taken in that cause, but that from various promises made by the assignee of the insolvent's estate to pay the debt, deponent was induced not to proceed with the suit which had been so instituted by him ; that in 1829, the judgment was re-docketted ; that the amount was now due ; and that the deponent being desirous to revive the Chancery suit, it became necessary preÂÂviously to revive the judgment. The affidavit further stated, that since the death of the insolvent, no part of the real or...