( 802 )
1908. property which had subsequently been sold in execution byMay 6. another creditor.' The plaintiff proved that the defendant hadobtained employment in 1902, and had made him small paymentson account in September, October, and November, 1902, but thesepayments had not been certified to the Court.
The District Judge (Mr. J. D. Mason), finding that the plaintiffhad not on the first issue of the writ availed himself of either ofthe modes of obtaining satisfaction of the decree pointed out bythe Supreme Court in Palaniappa Chetty v. Gomes (1 N. L. B.366), refused to allow the re-issue of the writ.
The plaintiff appealed.
W. Jayawardene, for appellant.
H. A. Jayawardene, for respondent.
5th May, 1903. Layard, C.J.—
It appears to me that we are. bound by the judgment of thisCourt in the case of Palaniappa Chetty v. Gomes, reported in1 N. L. R. 357, and in view of that judgment the appellant is notentitled to re-issue his writ. The appeal must be dismissed withcosts.
Wendt, J., agreed.