Smith v Craig

JurisdictionIreland
Judgment Date05 January 1866
Date05 January 1866
CourtQueen's Bench Division (Ireland)

Queen's Bench.

SMITH
and
CRAIG.

Appendix. v to see, it under the 64th section of the Common Law Procedure Act H. T. 1866. 1853 ; but here the decision in Shadwell v. Shadwell (a) applies. Queen s Bench CUFFE O'BRIEN, J. V Take the order. The plaintiff was, perhaps, justified in coming WILSON. here by the case of Shadwell v. Shadwell. Both parties costs to be costs in the cause. (a) 28 Law J., N. S., C. P. 275. SMITH v. CRAIG.* M. V. 1866. Jan. 5. THE plaintiff in this case, having obtained judgment by consent for Interpleader. 62, proceeded to issue execution thereon, and seized certain goods im under billt of under said execution, on the 20th December 1865. On the follow- sale must give the execution in day, one Davis served notice on the Sheriff, claiming to be creditor an op-owner of the said goods under a bill of sale executed February portunity of examining his 1865. The Sheriff having obtained the usual interpleader order, claim before on the 23rd December, the parties now appeared. 'requiring the execution creÂÂditor to say if accept will he Lane, for the Sheriff. an issue. Falkner, for the claimant Davis, asked the Court to direct the execution creditor to accept an issue or abandon the seizure. Whittle, for the...

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