The Express.
London, England, 1852-08-25 00:00:00

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IRELAND.

Denix. Acorn 23.

•
An election came of a singular nature came before
Mr. Justice Crampton in the Consolidated Chamber
this day. The parties were " Crotty v. Dowling,"
and it appeared that the plaintiff is connected with
a bank at Carlow, and solicited the defendant, shortly
before the late election, to give his vote to Mr. tiad-
kir. The defendant, however, refused to comply
with this request, and stated that he should support
Mr. Clayton Browne, the opposing candidate; but
os the eve of the election he was arrested at the
plaintiffs suit, fur a debt alleged to be doe on foot
of a bond at the bank. A conditional order for hie
liberation having been obtained the argument to-day
Was to set aside that order, and the learned judge
gave judgment, fully explaining in his observations,
▪ follows, the facts of the case as laid befoul him :
Justice Crantron said he entertained eery little
doubt as to the order be would make, the only difficulty lee
experienced being as 10 the particular Ism of the applica-
tion, which could, however, be remedied by a seemed actin,
if necessary, but he did not think it of mesh inspertuce.
The present application was to show mete ,picot &condi-
tional order granted by himself for the ellesbeerge of the
defendant from custody, and to set aside the easesties
Seder which he was arrested. The eirconeeffilittlee wader
which this motion rune before the court were ream simenler.
It appeared that the defendant was arrested sa the 12th
of July last, is the town of Carlow, under an saeraties at
nu suit of the plaintiff, whieh execution was herial gem
%hood, end judgment hearing date the 12th dank las%
kr a principal sum 017001. AU the proceediageWlMllllll6/10*
al; regular. There was the usual certified, dpial by ea
attorney of the court, Mr. Gibbing*, Who limed the ex-
station. The pianos for the court Si duals WI simply
wieldier or not there was • legal debt dee Oa UN day the
'nation woe put in forte. 11 there wee, so natter what
might have been the motive of the parties who issued the
eiteution. th, court he apprehended would not interfere.
Bet that was a very serious question, and according to the
hen °panes, he could (
foot of
the subect, that* woo no
debt legally dee upon foot of which the defendant could
hove been properly arrested on the 12th of July by the
Crotty had sworn that the bond was passed,
andioditment entered to were debts then du to him
lie defendant, and he enumerated debta to the automat
=. It was doubtful whether he meant to savoy
that the two bills fur 3i01., for which he became
security on the defendant's account, were Included
bathe execution. The defendant, on the other hand,
moire ea teoitively that it wu originally agr ed that the
bad sad warrant would stand merely as a cover to protect
Ain Property against bills to a ennsilerable amount then due
to Mel ipperery Joint.stack Dank. If the bond and war-
rant were elven with a fraudulent intent, neither that court
aor the Court of Chancery generally would interfere to pro-
tect the party who signed it. To sustain the allegation
that the proms. of the court had been abused for a sinister
Pupas, it should be shown teat there was no legal debt
du when the execution was issued. The case had been
pot upon the ground that the execution was overmarked;
but even then the court would nut interfere. The plaintiff
bed alleged that a rum of 221?. wee actually due to him,
beta the execution was marked for 7001., it was plain
tint the debt referred to was not the 2211. ; neither could
it be the too bill, for 350/., for neither of them were then
due. one of these bills did not become due till the end of
J4tri and the second would not he due till the 31st of the
pre.est month. There was no other debt alleged, and he
tou'il ant but conclude that the di Pedant was improperly
due h'l louder the execution, there being on legal debt
Pena to the party at whew suit he was arrested.
gnat the 'ware end uncontradicted statements, it ap-