The Express.
London, England, 1864-05-24 00:00:00

COURT O.F COMMON PLZAEL —M sr 23.

is Boaioo.—(Botore Load Chief Justice Bak, and
Jaggier Williams, Walla; aad Bytes.)
TVELWALL r. TELVIRTOII.—IWOR TILVENTO:e
. .

The plaintiff in this cues was a merchant at HIM, and the
defendant was the Hoe. Major Yelvertoe. The platntiff
haring furbished Mn. Ytherkin with board and ledgiag,
subsequently sued Major Yelverton in Ireland, and re-
covered a verdict for 2591., and a judgment was signed Ter the
debt and costa, making in a11:720i. The best step was that
the plsintlf issued a writ hi the English 0002. of Coinsure
Pleas upon the Irish jedgment against Major
Telverton ; and erne the production of an aftdavit,
that this writ had been served upon the major
in Paris, in accordance with the Common Law Procednee
Act d 1852, Mr. Justice Keating made the usual orderthat
the proceedings should be continued. Last term. bowaver,
the court granted a rale calling epos the plaintiff to show
same why the order of Mr.Justters Heating, and also the wait
and service thereof, should not be set aside, upon :las
grenade that the writ had not been issued terenforoe a case
of action arising in England, and that, in fact, the writ
had never been served upon Major Telerate,. The ma :or
swore that the writ had been served upon him, and
that at the date when it wee said to have been served is
Paris he was some 200 miles front that city.
Mr. 1). Keane, Q.C.. showed cease against the rule, and
submitted that there was cause of action which aros►
within the jurisdiction, or • breach of osatract within•
the jurisdiction, three being the Wee esapirryed in the•
Common taw Procedure Act.

Mr. Justice Williams said that although the original
cause of action was in England, yet it was lb* Irish judg-
ment which was now sued upon.
Mr. Keene submitted that he should succeed in the action
eve, if he only proved the English debt of rm., and ha
could elect to declare either upon that debt or upon the
Irish judgment.
Mr. M. Smith, Q C., supported the stde.
The Court was al opinion that the writ was issued opt
the Irish ent, and not to adores a cause of action
or • hreaab of contract within the juriadictiea al tie Esclish
worts.

shselata to set aside the order et Mr. Jana
li:twang.

COURT OF BANKRUPTCT.—MAy 23.
(Before Mr. °amnialime'. Goulbaru.)

This was the case of a bill-broker in Old Broad-.treat,
spinet whom a prceecution had been entered. Application
wee sow made by Mr. &tough for a day to be eased en
w►ich Molars. Shoolbred, the prosecuting areditore, should
be required to proceed to trial, or to show canoe why a
verdict of acquittal should not be entered.
Mr. Sergood, for Mere. Shoelbred, contended that there
had been no proper appointment at them es preeeenters,
their names having been put Into the order without their
cocoon.

His Honour thought that the omit had power to direct
say creditor to wednot a prosecution. He had done this,
and the for Nooses. Shoolbred had consented to it.
Mr. Sargood said be had dose it without authority. Who
were to indemnify Mane. Shoolbred for the coats of the
prosecution ; or how were they to get up evidence of facia
of which they knew nothing? They bad merely meant to
oppoie the order of discharge, and had been lugged into this
prosecution accidentally.
Him Honour said they bad acted epos the order up to a
certain point, but on Sadie( that they weld not tread
their charges against the baakrupt, they had sought to
retire from the prosecution. Such a thing might be said to
bring a scandal on the administratioe of juste e, as it pre-
vented justice being done.
Mr. Sargood said that creditors might very properly re-
tire from a prosecution if they found the facia were not
sufficient to support it. It would bars been a wicked thing
foe Nears. Shoolbred to persist in the prosecution of a man
whom they believed to be innocent. The bankrupt wan
indebted to them 11/. for goods sold ; and News. Shoolbmd
had only °Demented to join in the opposition with other
creditors on the understanding that they should not be
put to any cold. When the charges spinet the bankrupt
were shown to Mr. Shoolbred io writing be refused to sign
them, and said that he could not support any such charges.
Nolithe ia writing bad since been sent to Mama. Harmon
and Flay, forbWding them to prosecute in the name of
Nears. Shoolbred, who wished only to oppose the bank-
s ceder of discharge,
His Honour said the may noun which the court could
now take was to make no further order with regard to the
pressestion„ bet to appoint a day for the bankrupt to apply
far Ide order of discharge. The ease was a very
caw 11 Mama. Shoolbred had been mirrepresoted=
anneal, end did not believe in the charges epithet the
at wee to be that they lad mot earlier
tHd t4their inteatkier:tirling hen the preeseetioa.