Reports of Cases Argued and Determined in the Court of Exchequer

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: field, the suits in which the costs were attempted to be set off, were so distinct that they were even between different parties; but here it is to be considered as all in the same cause, the discovery here being for the purpose of prevailing in the suit at law., and the occasion of success there. By the...
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: field, the suits in which the costs were attempted to be set off, were so distinct that they were even between different parties; but here it is to be considered as all in the same cause, the discovery here being for the purpose of prevailing in the suit at law., and the occasion of success there. By the Court.?This is not like the case where the cause at law is directed by this Court; here they are distinct causes, and although we might have granted this motion as between the plaintiffs and the defendant himself, or his assignees; yet when his attorney, a third person, becomes interested, it is otherwise. Grant w. Priddell. in nmi 6 plaintiff having obtained an injunction consent to pro- against proceeding at law, afterwards entered ceed at law, ' T i i i waives an in- into an order by consent, before a Judge, that on his perfecting bail, proceedings should stay till within four days of nextterm, and then proceed. Bail not being perfected, the defendant proceeded at law; and although there was an appearance of having entrapped the plaintiff into it, yet the Court held the injunction dissolved by the consent to proceed at law, although but conditionally. Burton and Plumer for the plaintiff; Piggott for the defendant. Sawer v. Shute. The plaintiff having come into this Court towhereaw, fe, . P i i .1 r. 8S entitled to obtain money found by the report of the a share under Deputy Remembrancer to be due to his wife, upon the distribution of an intestate's effects, the Court took into consideration whether they should order laBSOf which, - - one moiety of the money recovered to be settled on the wife or the effects of paid to the husband. Upon reference to the Master, must 'come to he certified, that by the laws of Prussia, of whi...