Reports of Cases Argued and Determined in the Court of Exchequer, with a Table of the Names of Cases and a Digest of the Principal Matters Volume 2
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1838 edition. Excerpt: ...as the order of the judge was made by consent of the parties. Maule intimated that he abandoned that part of the rule. As to the second part of the rule, it was granted on the authority of Robinson v. Elsam (a); but that case does not apply, as it has been held, there must be a recovery by verdict, Rowe v. Rhodes (b), or by the finding of an arbitrator, to bring it within the statute (c). Neither can it be contended that the statute does not apply, the plaintiff being an attorney, over whom the Court will exercise their jurisdiction; but it is a question whether the ground taken by Abbott, C. J. to that effect, in Robinson v. Elsam (d), can be supported. It used to be thought good law, till Dagley v. Kentish (e), where Lord Tenterden said much doubt was entertained on the point, and refused to send the bill in that case for taxation; and Wilson v. Gutteridge (/) was doubted by Littledale, J. On the facts the plaintiff's affidavits shew reasonable and probable cause for the arrest. Maule objected to the affidavits being read, as they contained statements made by the defendant to the plaintiff confidentially, as his attorney in another suit. Sed per Curiam.--Let only such parts be read which go to the reasonable and probable cause. Jervis.--The affidavits state that the ground of deduction by the master was this: --in the indictment against the defendant he had had briefs prepared in Ireland; but the night before the trial came on, he wished to have two additional counsel, and the plaintiff was obliged to employ law stationers to sit up all night to prepare the briefs, and the master would not allow the costs on these briefs, though the law stationers' bill alone amounted to 38/. Maule, contrtl.--There can be no doubt as to the jurisdiction of the...
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