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Irish Equity Reports Volume 11

Irish Equity Reports Volume 11


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1849 Excerpt: ... bill for want of prosecution, and the case does not appear to fall within the principle upon which the length of time is a bar." Lord Redesdale says the same thing. Therefore that objection is not tenable. The suit here was commenced in 1810; there were abatements and delays; but the right was then asserted, and the money stays where it was then, and there is nothing in the delay to deprive the plaintiff of his rights. It is then urged that the plaintiff is seeking to overturn what has been done in another Court, and that that would be unjust to those who have acted under the supposition that what was done was right. That would be of force if the plaintiff was going personally against the representative of Charles M'Mahon, for if you allow a trustee or executor to act under a decree of a competent Court you cannot make him responsible for what he has done under that decree. But it is a different thing as against a party who gets money which was not his or hers, and who remains still liable if he takes it. In Kettleby v. Lamb (a) a bill had been filed to have money in the hands of trustees laid out for the benefit of the plaintiff. The bill was dismissed, and the trustees paid the money to the person declared entitled to it. This decree on a bill of review was reversed, and though it was held that, as the trustees had relied on the dismissal of the former bill for their indemnity, they were indem nified by it, yet the suit went on against the other parties, and the plaintiff was left to seek the money against the persons to whom the trustees had paid it. The principle acted on in O'Brien v. Grierson (a) and Farrell v. Smith (6) was the same. Now here the plaintiff seeks no rights against trustees. Whatever was done under the decree in the Exchequer is ...


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Product Details
  • ISBN-13: 9781130974652
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 242
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1130974650
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 440 gr


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