Interpleader in the High Court of Justice, And in the County Courts. Together With Forms of the Summonses, Orders, Affidavits, &c., Used Therein
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In our eReader you can find the full English version of the book. Read Interpleader in the High Court of Justice, And in the County Courts. Together With Forms of the Summonses, Orders, Affidavits, &c., Used Therein Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Interpleader in the High Court of Justice, And in the County Courts. Together With Forms of the Summonses, Orders, Affidavits, &c., Used Therein
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164.) " As a reasonable man," says Wills, J., "he (the judgment creditor) may well decide to give way, and to refuse to stake the cost and anxiety of a second litigation against the chance of success." The sheriff then, on receiving written notice of the claimant's claim, must at once give the prescribed notice thereof to the execution creditor (see Form 16, in Appendix D. at p. 190). On receipt of this notice, the execution creditor has four days to notify to the sheriff his decision on the qu...estion whether he admits or disputes the claimant's claim. If he admits the claim his duty is to give notice thereof to the sheriff in the prescribed mode (see Form 17, in Appendix D. at p. 190), in which case the execu- tion creditor's liability is limited as specified in rule 16, and the sheriff can be protected by an order as specified in rule 16a.
If, however, the execution creditor fails to admit the claimant's title, and the latter persists in his asser- tion of title, then the sheriff should proceed to inter- plead as specified in rule 17.
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To quickly assess the difficulty of the text, read a short excerpt:
164.) " As a reasonable man," says Wills, J., "he (the judgment creditor) may well decide to give way, and to refuse to stake the cost and anxiety of a second litigation against the chance of success." The sheriff then, on receiving written notice of the claimant's claim, must at once give the prescribed notice thereof to the execution creditor (see Form 16, in Appendix D. at p. 190). On receipt of this notice, the execution creditor has four days to notify to the sheriff his decision on the qu...estion whether he admits or disputes the claimant's claim. If he admits the claim his duty is to give notice thereof to the sheriff in the prescribed mode (see Form 17, in Appendix D. at p. 190), in which case the execu- tion creditor's liability is limited as specified in rule 16, and the sheriff can be protected by an order as specified in rule 16a.
If, however, the execution creditor fails to admit the claimant's title, and the latter persists in his asser- tion of title, then the sheriff should proceed to inter- plead as specified in rule 17.
What to read after Interpleader in the High Court of Justice, And in the County Courts. Together With Forms of the Summonses, Orders, Affidavits, &c., Used Therein?
You can find similar books in the "Read Also" column, or choose other free books by Cababé, Michael, B.1855 to read onlineMoreLess
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