E. SPETTIGUE, PRINTER, 67, CHANCERY LANE.
Digested Index to the Cases Reported.
over their amount, if he has received no specific instructions from his client as to the appropriation of the money. Harrison v. Ward Page 29
6. The permission of a Judge before whom a cause is tried, to apply to set aside the ver- diet and enter a nonsuit, must be obtained be- fore such an application can be made. Rick- 3. The Court has power only to order a etts v. Bird. ... Page 259 bill to be taxed when it is between attorney 7. The sum indorsed on the writ of sum- and client, and when it is for business trans-mons, being more than 20., although that acted in the Court, according to the statute claimed in the particulars does not amount to 2 Geo. 2, c. 23. Various matters, including so much, the Court will permit the plaintiff common law and conveyancing charges, if ap- to amend the writ, so as to obtain a writ of plying only to one transaction, should be in-trial before the sheriff. If the amount in- cluded in one bill. Doe d. Palmer v. Roe 13 dorsed on the writ exceed 20/., the sheriff 4. The Court will not interfere so far with cannot try the cause. Frodsham v. Round the Master's discretion, as to direct his report to be reviewed, merely on a suggestion of the amount allowed by him for certain witnesses being too much. It would be otherwise, if the objection were to a certain class of allow- ances made by him. Day v. Withers .. 84 And see COSTS.
1. A defendant's attorney having tampered with a jury, who had retired to deliberate on their verdict, and the jury in consequence being discharged and a new trial granted, the Court will grant a rule calling on the defen- dant's attorney to shew cause why he should not pay the costs of the first trial. Denney v. Garrett
2. In country causes, a plaintiff has the whole term after that in which issue is joined, to give notice of trial. Douglas v. Winn 355
3. In order to entitle a defendant to four- teen days' notice of trial, it must be distinctly shewn that he is permanently resident in Ire- land. Leneham v. Goold . 452 4. It is a positive rule, that the motion for a new trial must be made within the four days. Wheeler v. Whitmore .. 118 5. Two notices of trial, varying with one another, having been given to the defendant, and the cause being tried as undefended, the Court will grant a new trial, without costs. The defendant, although appearing personally, must be held bound by the same rules as if he appeared by attorney. Kerry v. Reynolds
1. A plaintiff having given an undertaking to bring no action for matters appertaining to a certain cause, and afterwards breaking the terms of that undertaking, the Court will grant a rule to stay proceedings. West v. Stone
of his estate absolutely to A.; and by a testa-writ of summons; and the action being de- mentary paper of subsequent date, gives the scribed to be "promises," the word "on" residue to A. for life. Held, that the former being omitted, is not material. Cooper v. Page 133 absolute gift is not revoked or altered. A Wheale 2. A plaintiff having lodged a writ of bequest out of real and personal estate in England, for the purpose of a foreign charity, detainer with the marshal, cannot, having dis- is held to be within the Mortman Act; but covered it to be irregular, declare it a nullity Gadderer v. Sheppard the Crown is not entitled thereto, as in case and issue a fresh writ. of a devise for a foreigner; sed quære. Brien v. Ferrier Page 257
1. The street and county in which a defen- dant resides, is a suflicient description, in a
3. The re-sealing of a writ makes it a new writ, and it is held to have been issued on the day on which it was re-sealed. Semble, that the Court of Common Pleas has no jurisdic- tion over an original writ out of Chancery, returnable in C. B., until it is actually returned to the officer of that Court. Foot v. Collins 495
Barber, in re, 318 Beaumont v. Dean, 374 Bellamy v. Sabine, 83 Bishop v. Lee, 306
Blunt v. Beaumont, 103 Bond v. Woodhall, 374 Boucher v. Simms, 30 Boughey v. Webb, 182 Brien v. Ferrier, 257 Brixton v. Squires, 436 Brown v. Daubeny, 306 v. Jenks, 196 Bruges, in re, 305 Buxton v. Buxton, 164 Carson v. Dowding, 134 Casby v. Smith, 501 Chell v. Oldfield, 403 Clark v. Chetwode, 404 Cooper v. Wheale, 133 Cowper v. Jones, 324 Croad v. Harris, 436 Cromer v. Brown, 117 Cross v. Wilkins, 102 Danby v. Miles, 84
Darthez v. Lee, 469 Davis v. Lawton, 259
Dawson v. Stocken, 450
Day v. Withers, 84
Deale v. Laurence, 231
Dennehaye v. Richardson, 387
Denney v. Garrett, 229
Doe d. Butt v. Kelly, 45
Downes v. Roe, 260
Errington v.
Errington, 372
Grieves v. Roe, 213 Jackson v. Roe, 405 Kempsey v. Roe, 229 Palmer v. Roe, 13 Protheroe v. Roe, 499 Smith v. Roe, 229 258
Doe d. Smith v. Hardy, 358 Smithers v. Roc, 486- Treal v. Roe, 100
Wicks v. Roe, 261 Wells v. Roe, 405 Winter v. Roe, 61 v. Roe, 30, 213, 258 Douglas v. Winn, 355 Drinker v. Pascoe, 389 Duckworth v. Fogg, 437 Dyer v. Levy, 323 Edwards v. Chapman, 231 Edwards v. Danks, 375 v. Jones, 271
Ellis v. Attorney General, 481 Engler v. Twisden, 258 Evans v. Baker, 62
v. Delegal, 485 Fife v. Bruere, 310 Fletcher v. Greenwell, 47 Fogarty v. Smith, 274 Foot v. Collins, 495 Ford v. Leach, 231 Forster v. Kirkwall, 471 Frodsham v. Myers, 134 v. Round, 323
Gadderer v. Sheppard, 498 George v. Fry, 45
Gerothwohl v. Cochrane, 258 Gibbs v. Grant, 85
Giles v. Watts, 196
Gilmore v. Hague, 116 Gilson v. Carr, 389 Glover, ex parte, 85 Glynn v. Soarez, 227 Godfrey v. Green, 102
Goodricke v. Turley, 451 Gordon v. Twine, 355 Gould v. Williams, 28 Granby v. Frowd, 213 Grant v. Ramsey, 307 v. Willis, 196
Gray v. Withers, 404 Griffin v. Yeates, 309 Halls, ex parte, 273 Harding v. Rawlings, 231 Harris v. Mathews, 165 ——— v. Griffith, 85 Harrison v. Almond, 165 v. Forster, 324
Harrison v. Ward, 29 Hart v. Weatherley, 31 Hawkes v. Holmes, 61 Hickman v. Dallimore, 100 Hinton v. Dean, 391
v. Stevens, 100
Hollingsworth v. Briggs, 308 Holmes v. Mentz, 133 Hopkins v. Hopkins, 164 Howell v. Bowers, 498 Hughes, et ux. v. Williams, 31 Hunt's bail, 45 Jameson v. West, 214 Jervis v. Jones, 405 Johnson v. Freeth, 387 v. Kennedy, 261
Jones v. Fowler, 136 Irving v. Heaton, 308 Kay v. Marshall, 304 Kerry v. Reynolds, 118 Kipling v. Watts, 86 Kirk v. Clark, 436 Knight's bail, 165 Krell v. Joy, 325 Laforest v. Langan, 310 Lakin v. Massie, 119 Laporte's bail, 308 Lazarus v. Levaux, 358 Lees v. Moseley, 497 Lester v. Lazarus, 482 Leneham v. Goold, 452 Lewis v. Lyster, 483
v. Newton, 374 Lilly v. Gompertz, 46 Logan v. Fairlie, 181 Lovitt v. Hill, 356 Marsh, ex parte, 260 Masters v. Carter, 259 Mellor v. Wood, 496 Milligan v. Thomas, 452 Milton v. Rawlings, 371 Moore v. Newbold, 307 Moreton v. Burge, 258 Morgan, ex parte, 86 v. Pedler, 309 Morris v. Davies, 101 Noel v. Boyd, 500
v. Rich, 135 Oldfield v. Cobbett, 11 Osborne v. Angle, 167 Ostler v. Bower, 273 Owen v. Holles, 260 Oxenden v. Cropper, 388
Penson's bail, 403
Phillips v. Waters, 213
Piggott v. Killick, 117 Pitcher v. Woods, 310 Ramsden v. Maugham, 407
Ray, ex parte, 388
v. Sharp, 390
Rex v. Dignam, 86, 390
Rex v. Fellows, 306 v. Giles, 373
v. Hester, 356
v. Justices of Leicester, 372 v. Justices of Middlesex, 307 v. Mayor of Wells, 387
v. Rawlings, 484
v. Sheriff of Middlesex, 390 v. Simms, 102
v. Thomas, 229
Richer, ex parte, 100 Ricketts v. Bird, 259 Robinson v. Brooksbank, 407 Rook v. Johnson, 470 Rogers v. Banger, 485 Rooke v. Sherwood, 453 Rotch v. Laing, 272 Ryan v. Furnell, 356 Sayer v. Powell, 260 Scales v. Sargeson, 119 Sewell v. Stickney, 132 Sharpe v. Johnson, 117 Sherwin v. Chambers, 273 Short v. Williams, 374 Shuttleworth v. Clark, 373 Skeates v. Short, 213 Smedley v. Joyce, 484 Smith v. Dixon, 388 v. Edwards, 403 Thomas, 274
Solly v. Neish, 134 Stanforth v. M'Cann, 471 Stanley v. Perry, 230, 325 Stevens v. Mayor of Berwick, 100 Stiffe v. Everett, 305 Stocken v. Stocken, 28 Sutton v.
Symes v. Goodfellow, 310 Thomson v. King, 356 Thorncroft v. Dellis, 261 Thornton v. Whitehead, 214 Ticklett v. Bolton, 117 Tucker v. Brand, 483 Turner v. Ford, 116 Twiss v. Osborne, 12 Waddilove v. Barnett, 357 Wardle v. Carter, 469 Warne v. Beresford, 437 Warren v. Colley, 44 Watkins v. Brent, 59 Webb v. Webb, 325 West v. Stone, 62 Wheat v. Graham, 212 Wheeler v. Whitmore, 118 Wilkins v. Twine, 12 Wilson v. Todd, 99 Witham v. Gompertz, 499 Woolwright, ex parte, 61 Wranken v. Frowd, 26 Yeatman, ex parte, 166
The Table of Contents of Volume XI., and Index to the general matter, will be
included in the Supplement for June.
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