Publisher's Synopsis
Excerpt from Reports of Cases Determined in the Practice Court and Chambers, 1878, Vol. 3: With Points of Pleading and Practice, Determined in the Courts of Queen's Bench and Common Pleas
Helliwell obtained a rule on the plaintiff to shew cause why the judgment in this cause, and the confession on which it was founded, should not be set aside with costs; or why the execution, with all proceedings upon it, should not be set aside with costs; or why the execution should not be post poned, as to the satisfaction thereof, by the sheriff of the county of Carleton, till after the other executions had been satisfied, which had issued against the goods of the same defendants, at the respective suits of Andrew Watrous, and of Thomas Hunter, and William Hunter: on the ground that the said confession (in this suit) was void as against creditors of the defendants, under the Consolidated Statutes of Upper Canada, ch. 26, sec. 17. He cited Armour v. Car-a ruthers, 2 P. R. 217; Brent V. Perry, 5 U. C. R. 538.
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