Irish Common Law Reports; Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, Exchequer, Exchequer Chamber, and Court of Criminal Appeal ... Volume 14
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ... of fact; lbe latter part must depend on the words of the attestation. The defendant alleges that neither branch of the Rule has been complied with; he insists that Mr. Carolan, who witnessed his execution Ol the warrant, should not be considered as his attorney, or as having been nominated by him, and that he (Carolan) did not explBiI1l him the nature of the security. What defendant states in his silldavit is, that Nolan, having called on him in the prison, the day before the execution of the warrant, and he having agreed to execute same, Nolan dictated u letter, which he wrote to MTCarolan, an attorney, requesting him to attend next day, to willie" a bond he was about executing; that accordingly Carola" ""6 Nolan came together to the prison on the following day; lhlllhe had never previously seen Carolan, who never before or since acted as his attorney; that Carolan did not explain to him the nature of the securities; and that, having executed the bolld and warrant, which was attested by Carolan, Nolan handed him Caro' lan's fee, which he thereupon paid to the said Carolan. It is to be observed that Mr. Gumley does not state that he was ignorant of the nature of the securities he was executing, but merely that Carolan did not explain to him the nature thereof. Mr. Oarolan, in his atfidavit, states that having received defend&11t's letter, he, in pursuance thereof, attended at the prison, and that he asked the defendant whether he understood the nature Of the Security he was about to execute and whether he owed Nolan 7 the amount thereof; to which the defendant replied that he did; and that he nominated him as his attorney, to witness the execution thereof, and requested him to act in that...
- Paperback | 226 pages
- 189 x 246 x 12mm | 413g
- 13 Sep 2013
- Illustrations, black and white