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" ... no creditor, though for a valuable consideration, who shall sue out execution upon any judgment obtained by default, confession, or nil dicit, shall avail himself of such execution, to the prejudice of other fair creditors, but shall be paid rateable... "
The Practice of the Law in All Its Departments: With a View of Rights ... - 666 ページ
Joseph Chitty 著 - 1835
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Reports of Cases Argued and Determined in the Court of King's Bench ..., 第 3 巻

Great Britain. Court of King's Bench - 1830 - 574 ページ
...section creates the doubt. What is the meaning of that clause, " Provided that no creditor, though for a valuable consideration, who shall sue out execution...upon any judgment obtained by default, confession, or mil dicit, shall avail himself of such execution to the prejudice of other fair creditors, but shall...

The Statutes of the United Kingdom of Great Britain and Ireland, Passed in ...

Great Britain - 1831 - 718 ページ
...intituled An Act to amend the Laws relating to Ban/erupts, it is provided, that no Creditor, though for a valuable Consideration, who shall sue out Execution...Creditors : And whereas, by reason of such Provision, Plaintiffs have been and may be deterred from accepting a Cognovit actionem, with Stay of Execution,...

An Abridgment of the Law of Nisi Prius...

William Selwyn - 1831 - 774 ページ
...any part of the property of such bankrupt before the bankruptcy; provided that no creditor, though for a valuable consideration, who shall sue out execution...creditors, but shall be paid rateable with such creditors. This proviso limits the exception, and the exception applies only to cases falling within the first...

Statutes at Large ...: (29 v. in 32) Statutes or the United Kingdom, 1801 ...

Great Britain - 1831 - 760 ページ
...Default, Deelaration Confession, or Nil dicit, shall avail himself of such Execution filed shall be to the Prejudice of other fair Creditors, but shall...Creditors : And whereas, by reason of such Provision, Plaintiffs have been and may be deterred from ac-' cepting a Cognovit actionem, with Stay of Execution,...

A New Abridgment of the Law, 第 1~8 巻

Matthew Bacon - 1832 - 844 ページ
...part of the property " of such bankrupt before the bankruptcy; provided that no creditor, " though for a valuable consideration, who shall sue out execution...but shall be paid rateable with such creditors."'|| Creditors, upon what security soever they be, come in all equal, unless such as have obtained actual...

Reports of Cases in Bankruptcy: Decided by the Lord Chancellors Lyndhurst ...

Basil Montagu, Great Britain. Court of Review - 1832 - 630 ページ
...upon ;n tne provision any judgment obtained by default, confession, or nil di- of6 G'4- c<16< cit, shall avail himself of such execution to the prejudice...creditors : and whereas, by reason of such provision, plaintiffs have been and may be deterred from accepting a cognovit actionem, with stay of execution,...

Reports of Cases Argued and Determined in the Courts of Common Pleas ..., 第 4 巻

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 952 ページ
...any part of the property of such bankrupt before the bankruptcy: Provided that no creditor, though for a valuable consideration, who shall sue out execution...judgment obtained by default, confession, or nil dicit, shalt avail himself of such execution to the prejudice of other fair creditors, but shall be paid rateable...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1844 - 744 ページ
...An Act to amend the Laws relating to Bankrupts in Ireland," it is provided that no creditor, though for a valuable consideration, who shall sue out execution...any judgment obtained by default, confession, or nil dieit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be...

Reports of Cases Argued and Determined in the Courts of Common Pleas ..., 第 4 巻

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 948 ページ
...108, contains a proviso, corresponding in terms with the above clause, viz. " that no creditor, though for a valuable consideration, who shall sue out execution...any judgment obtained by default, confession, or nil <licit, shall avail himself of such execution to the prejudice of other fair creditors, but shall be...

Reports of Cases Argued and Determined in the King's Bench Practice Court ...

Great Britain. Bail Court, Alfred Septimus Dowling - 1833 - 800 ページ
...4, c. 16 is, " Provided that no creditor, though for a valuable consideration, who shall sue out any execution upon any judgment obtained by default, confession,...creditors, but shall be paid rateable with such creditors." The seventh section of the 1 Will. 4, c. 7, provides, " That no judgment signed, or execution issued...




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