SAMICHI v. PIERIS
1913 Present: Lascelles
C.J., Wood Renton and Pereira JJ.
SAMICHI v. PIERIS.
195-D. C. Kandy, 21,328.
Res judicata-Seizure of money
due to debtor under a contract-Claim by assignee of contract upheld-Subsequent
seizure by same creditor of another sum of money due under same contract-Claim
by the same claimant-Civil Procedure Code, ss. 207, 406-Appeal-Seizure of money
under s. 232, Civil Procedure Code-Inquiry into claim preferred-No appeal lies
against an order in the claim inquiry.
A creditor seized a sum of money which had accrued due to his debtor under a
contract. A third party claimed the money as the assignee of all the debtor's
rights under that contract, and the creditor consented to the claim being
upheld. Thereafter the same creditor seized a further sum of money which had
accrued to the same debtor under the contract; the same claimant claimed the
money under the same assignment.
Held (per LASCELLES C.J. and WOOD RENTON J.), that the right of the claimant to
the money was res adjudicata between the parties, and that it was not open to
the creditor to challenge in the subsequent proceedings the claimant's title.
Section 207 an
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