« EelmineJätka »
Digested Index to Cases reported.
fact of due notice of the calls having been Where A. has for some time been acting as given : Jleld also, that a plea that the calls the general agent of B. and in B.'s business, and were made for other purposes than those men. has been in the habit of making contracts on
tioned in the act, could not be pleaded, and his behalf, but B., after some disputes between that the proper place to agitate such a question them, sends him express orders not to buy or
was at a general meeting of the subscribers to sell on B.'s account beyond a certain limit
, if the company: Held also, that a plea that the such restriction is not known to the trade at calls were inade to pay the expense of devialarge, it will not affect the rights of a third per- tions from the prescribed line of railway could son with whom A. afterwards makes a contract not be pleaded ; and the Court refused to allow exceeding the limits assigned himn. In such a plea, denying the existence of 36,000 shares a case, evidence of a particular custom in the in the company. Brighton Railway v. Wilson,
Same trade is not admissible to defeat the general
173 rule of law as to the liability of the principal
RECEIVER. for the acts of his agent. Trueman and another v. Loader
This Court may appoint a receiver to get in
a testator's estate in aid of an administrator of PROHIBITION.
the Ecclesiastical Court pendente lite, but This Court will not presume that the Ecclesi- such receiver is not to go upon the property astical Court will come to a wrong conclusion of the testator claimed by one of the parties on a matter over which it has jurisdiction. under an assignment independently of the will, Though therefore a declaration in prohibition nor will the Court restrain suel party from shewed that the Ecclesiastical Court had not in receiving the rents of the property comprised the first instance admitted a plea in a suit for the in the assignment. Jones v. Godrich, Page 296 enforcement of a church-rate that such rate
REGISTRATION. was retrospective, to be a conclusive answer to the suit, but had directed further proceed- and Death Registration Act), is compulsory
The 6 & 7 W.4, c. 86 (the Birth, Marriage, ings, this Court on demurrer to the declaration in its provieions, and if the information regave judgment for the defendaut. Griffin v. Ellis and another
413 quired by that statute is withheld, the party
withholding it is liable to an indictment. A PROSECUTION.
public act which does require certain things to
be done, but does not attach any specific penalty The fact that a man was bound in recognizances to appear and prosecute A., is in itself to the not doing of them, may be enforced by
indictment. The Queen v. Price 381 no answer to an action afterwards brought by A. for an alleged malicious prosecution, if the
SCIRE FACIAS. original charge was in fact made without reasonable and probable cause. A Judge is not Though the entry of a suggestion on the roll in such a case bound to leave it to the jury to may be sufficient to charge a person already a say whether the bill of indictment was pre-party to the record with a liability to costs, ferred from a malicious motive or from a fear greater than he would be subject to in ordiof forfeiting the recognizances. Dubois v. nary cases, yet where the object is to enforce Keats
284 a judgment against a person not already by
name a party to the record a scire facias must QUO WARRANTO.
be issued. Bosanquet v. Ransford 461 The charter of the borough of Maldon
SEQUESTRATION. granted the right to the freedom of that borough to different classes of persons, and The Court will allow a writ of lerari facias, among other things, declared that every daugh. improperly returned by the bishop, to be taken ter of an admitted freeman should have a right off the file and re-issued to that officer. Alto nominate and appoint her husband a free- derton v. St. Aubyn .
320 man, and further, that if any daughter of an admitted freeman died “leaving lier husband and chilli or children or any of them behind her,” he and they should be respectively en
The defendant in an action of slander has titled to the freedom of the borough in the a right to have the question of bona fides left same way as if her husband had been admitted to the jury. Podmore v. Lurrence 269 during her life. A, a stranger married the
SPECIFIC PERFORMANCE. daughier of a freeman. She died before her husband was admitted a freeman ; he married
1. By articles of agreement A. corenanted again, and had a son by his second marriage: with B. his wife, and C. her trustee, (who Held, that this son was entitled to the freedom thereby agreed to corenant to indemnify .4. by birth.
The Queen v. J. Bunting, the against his wife's debts), to pay 1,0001. 10 D., younger
45 for the wife's use, and also to secure to B. and
his executors an annuity, during the wife's life
for her use, by a charge on A.'s real estates Circumstances under which the Court re- or an investment in the funds, or by othe. fused to allow the defendant to traverse the
On a bill filed by B., C., and Dr
Digested Index to Cascs reported.
against A. and trustces of his real estates, al- | notes, when a motion is made for a new leging that he refused to perform bis covenant trial. Flower v. Adams
Page 238 although he had sufficient means to satisfy it, 2. A cause was tried as an undefended and charging that he and his trustees were cause, no notice of the plaintiff's intention to disposing of his real estates in fraud of the do so having been given to the defendant, but covenant, and praying specific performance : the cause being in the written list of the day, the Lord Chancellor overruled a demurrer by the Court allowed this cause to be placed at the trustees, holding that at the hearing of the the head of the list at the next sittings, the cause, on the facts alleged in the bill, the costs of the day to abide the event. Dorrien Court would give effect to the covenant on the v. Howell
. 463 real estates. Wellesley v. Wellesley Page 186
2. Circumstances under which it was held upon demurrers to a bill for want of equity A. advanced to B. 16001., minus the interest and want of parties, that the plaintiff had a thereof, at the rate of 101l. per cent per annum, clear equity for specific performance, not only on his promissory note payable in three months against the parties to the contract, but also after date. The note was renewed four times against the whole company; that it was not within eighteen months, and the same rate of necessary to make all the shareholders defen- interest was charged on each renewal : Held, dants, but that the directors and representa- by the Lord Chanceilor, reversing the decision tives of the company at the time of filing the of the Court of Review, that the transaction bill should all be made parties. The demurrer was protected by the 7th section of the act 3 for want of equity therefore, was overruled, & 4 W. 4, c. 98, which allowed any interest but that for want of parties was allowed with to be taken on bills or notes not having more leave to amend the bill, and withont costs. than three months to run. Re Poynton, ex Attwood v. Small 409 parte Terrewest
taxation of costs against his client, served the ". 3. In an indictment" for bribery, where it
VENDOR AND PURCHASER.
1. A bill filed for rectifying a deed, charged 1. The Court will not change the venue in solicitors with fraud in preparing it, and prayed an action for penalties for election bribery, on costs against them : Held, that they were pro- the ground that the election took place in a perly made parties, although they had no in- borough, and that the brother of the successterest in the subject, and might be witnesses ful candidate is lord lieutenant of the county, for other defendants. A prerogative probate and the undersheriff the agent of the brother. or administration is not necessary to enable a Hall v. Coleman
. 318 person to sue in equity, as the representative 2. A party's wife is not a proper person to of a testator or intestate, if he bas the proper make an affidavit to change the venue, unless diocesan probate or adıninistration. Beades v.
that she has the management of the Burch
matter, although her husband is sworn to be ill.
3. latter personally with the inaster's certificate, appears that the couduct and character of the and afterwards obtained, after notice, an order defendant have been made the subject of freon the client to pay the costs within three
quent serere comment in newspapers generally weeks, or be comınitted. This order was not circulating in the county wherein the trial is served on the client until after the three weeks to take place, the Court will change the venue. expired: Held, that this order being abandoned
Reg. v. Long
461 and spent, all the subsequent orders founded on it for enforcing the payment of the costs were irregular. Ex parte Wilton
An incumbrancer on an estate sold under a
decree, purchased it with leave of the Court, Shares in a banking company are not
but not being able to complete his purchase,
an order was made discharging him therefrom, " goods, wares, and merchandize” within the and ordering the estate to be resold, and the meaning of the statute of frauds, and may deficiency of price to be made good by him ; therefore be the subject of a parol contract. Held, that so much of the order as discharged Humble v. Mitchell,
the purchaser was bad, and that the rule should TAXATION.
be for the future to order purchasers to comTaxation of costs may take place at West- plete their contracts, or that the estates be reminster, as well as at the Master's offices, ac- sold, and the purchasers make up the defi.
. 138 cording to the Master's discretion, and a ciency. Harding v. Harding . notice to tax there is consequently good.
WARRANT OF ATTORNEY. Blake v. Warren
The Court will allow judgment to be enTRIAL.
tered up generally on an old warrant of attor1. Where counsel have been employed at ney, without mentioning the amount of the the trial of an issue before the sheriff, on a debt, where, from peculiar circumstances, the writ of trial, the Court will receive from amount cannot be stated. Pickering v. Car. them a statement of what took place at the nell
218 trial, without a vcribed copy of the sheril's 2. An attorney cannot act for both plaiutilr
STATUTE OF FRAUDS.
Postage reduction, 51, 53, 70, 101, 185
Power coupled with interest, 406, 457
Practical points, see Contents
Prepayment of postage by solicitors, 137
Prison Act Amendment Bill, 326
Privilege of Parliament, 186, 357, 369, 377,
Promissory note, 359
Publications, new, see Contents
Queen's marriage, law relating to, 65
counsel, new, 315
Questions at the examination, 56, 232
Railways Act, 134
Rating workhouse, 114
Re-admission, when unnecessary, 309
Re-admission of attorneys, see Contents
Real Estates liability Act, 100
Reform, law, see Contents
Report office in chancery, 122
Retainers, practice of, 371, 409
Reviews of books, see Contents
Rhymes, un-common law, 93
Rising, art of, 132
Roman catholic benefice, 2:29
Romilly, Sir Samuel, 497
Rules, new, see Contents
Salomon's case, 72
Serjeants, 21, 37, 53, 161, 258
Sheriffs’ Poundage, 55, 104, 123, 231
list of, 361
Sittings of the courts, see Contents
Six Clerk's Office, 1, 437
Solicitors of government boards, 329
Solicitor general, 51, 69
Special commission for trials for treason, 97,
186, 194, 313, 408
Stocks, price of, see Contents
corner, see Contents
Suyden's vendors and purchasers, 129
Suicide, inciting to, 466
Taxation of costs, 19
Terms and returns, 100
Tidd's practical forms, 180, 452
Tithes commutation bill, 291
Commissioners' report, 374
Title, points as to, 49
Treason, trials for, 97, 153, 186, 194, 313
Trusts for separate use, 372, 426
Wager, illegal, 3
Warrant of attorney, 327
Wills Act, 167, 230, 279, 495
Witnesses, hardship on, 138