A judgment was signed when the Court’s offices opened at 11 am but the defendant had died at 9.30 the same morning. The Court held that the judgment was regular, applying the rule that judicial acts, being acts of the Crown, have precedence over private transactions which take place on the same day. The application of the rule did not not necessarily involve any fiction as to the time when the act and the transaction respectively occurred.
Judges:
Pollock CB and Watson B
Citations:
(1859) 4 HN 488
Jurisdiction:
England and Wales
Citing:
Applied – Edwards v Regina CExc 1854
The process of execution in respect of a Crown debt prevailed over the transfer of the personal estate of a bankrupt to an official assignee which took place earlier on the same day. Significantly, the Court’s judgment added that even if the . .
Cited by:
Cited – Re Palmer (A Deceased Debtor), Palmer v Palmer CA 6-Apr-1994
Property had been conveyed to the deceased and the appellant, his widow, to be held as joint tenants. The deceased dies whilst under investigation for defalcations as a solicitor, and an insolvency administration order was obtained in the estate. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 04 December 2022; Ref: scu.267519