Re John Bagot

• Jurisdiction: Ireland
• Judgment Date: 26 November 1845
• Date: 26 November 1845
• Court: Exchequer of Pleas (Ireland)

Exch.of Pleas.

In re JOHN BAGOT.

CASES AT LAW. 295 M. T. 1845. Exch. of Pleas. In re JOHN BAGOT. BREWSTER, on the part of the applicant John Bagot, according to liberty for that purpose obtained on a former day in this Term, moved that Henry Oldham, the attorney for the applicant, might be at liberty to search for warrants and judgments affecting Mortimer Kealy, of the town of Galway, shopkeeper. He moved on the affidavit of Mr. Oldham, the attorney for Mr. Bagot, which stated that he had been employed by Mr. Bagot to ascertain and inform him what warrants of attorney had been executed by Mortimer Kealy, of the town of Galway, shopkeeper, and filed in the Court of Exchequer since the 1st of November 1844, pursuant to the Act 3 & 4 Vic. c. 105 ; and also, what judgments were entered in said Court since the said 1st of November against the same person ; distinguishing those entered on warrants, and those not so entered within the same period. That in order to comply with the directions of his client, it became necessary that he should ascertain distinctly what judgments were entered against Mortimer Kealy upon warrants of attorney, cognovit actionent, or by default, confession or nil dicit ; and to prove such information, that he should personally examine the book of entry of judgments of the Court since the 1st of November 1844, and also refer to the judgment rolls in debt and case : and that he, as an attorney of this Court, and on behalf of his client, requested of the Master and of the Record-assistant of this Court, liberty to make such examination and reference accordingly. That the Master and Record-assistant respectively declined to permit him to make such examination and reference without the order of the Court in the matter. Brewster. By the practice of the office, a book is kept in which all the judgÂments entered up in this Court appear by the names of the parties ; so that any person on looking into that book could ascertain the existence of the judgment ; but that is not sufficient for the present purpose, as the plaintiff's name is only indexed in that book, and it would be necessary, if not almost impossible, to go through the entire book to ascertain a judgment against any particular party. Again, something further is required ; it is required that Mr. Oldham 296 CASES AT LAW, should ascertain whether any judgment appearing against Mr. Kealy. is entered on a warrant of attorney. The book formerly kept in the office was prepared...