Irish Law Reports: Particularly of Points of Practice, Argued And ..., volume 1
Irish Law Reports: Particularly of Points of Practice, Argued And ..., volume 1
Ireland. Court of King's Bench, Ireland. Court of Common Pleas, Ireland. Court of Exchequer
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Digitized by Google no CASES IN THE QUEENS BENCH. 1839. CORSCADBN V, STEWART. the ease ; either there was a contract^ or there was not ; and, if there was a contract, your propositioo would hold j« — As to the other part of the motion, the replevin bond is not assignable, unless an avowry or cogni- zance be pleaded, Btdler'a iV, P. 60, note ; here they may plead ^ nan cepit.** At the suggestion of the court, the case was postponed to allow the parties to agree upon some mode of trying the quest...ions involved in the ease ; and, on Thursday, the 17 th of January^ Mr. Major Q. C, stated that no arrangement had been come to, but pressed the court to direct an issue to try the fact of the toking ; but — Per Curiam, — That question will be raised in the action, and when there are important legal questions to be decided, and also controverted statements as to matters of fact, the court would not decide the case upon motion, but allow these questions of law and fact to be solemnly decided and put upon the record.
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