Anonimous (1684) 1 Vern 301
| Jurisdiction | England & Wales |
| Judgment Date | 16 October 1684 |
| Date | 16 October 1684 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 449
IN COURT, LORD KEEPER.
[253] de term. S. michaelis, 36 car. II. 1684, in curia cancellari^e. Case 245.-anonimous. 16 Octobris [1684]. In Court, Lord Keeper. [I] Eq. Ca. Ab. 233, pi. 5, S. C. If one of the parties after publication passed has an order to examine upon the usual affidavit, the other party may not only cross-examine, but examine at large. Upon a motion for leave to examine after publication, upon making the usual oath of not having seen the depositions; the Lord Keeper declared, that in such a case the other side should be at liberty to examine at large, as well as to cross-examine the witnesses produced by the party that made the motion (which was all he might do formerly); and his reason was, that a crafty solicitor may lie in the lurch, and examine nothing till after publication is past: and the other party may think himself secure, and so not examine to those points, which he could otherwise have proved, in regard he finds his adversary has not examined to those matters : and when once publication is past, and the party that examined has seen his own depositions ; then the side that lay still having tied up his adversary, so that he can only cross-exanfine the other's witnesses, applies for an order upon the usual affidavit to enlarge publication, and when he has got that order, then he comes in with a whole cloud of witnesses : and though it may be thought hard, that any one should have liberty to examine, after he has seen the depositions; yet his Lordship thought it a reasonable penalty on such, as would not examine in time ; or that should lie upon the catch to [254] take C. in.-15 450 SUTTON COLDFIELD (CORPORATION of) V. WILSON 1 VEEN. 254. advantage of the other party; and ordered the register to take notice of it as a fixed rule for the future.(l) (1) And where the defendant after publication examined a witness, and then conceiving himself irregular on the usual affidavit got an order to re-examine, and the witness died before re-examination, the defendant may make use of the first depositions, Copeland v. Stanton, 1 P. Wms. 414. So where bill by hubsand and wife, and witnesses examined and publication passes, on the death of the husband, and new bill for the same matter by second husband, same witnesses may be examined, Anon. post, 2 vol. 197. Secus where by the death of husband no abatement, and the wife's inheritance not in the case, Shelberry v. Briggs and Al', post, 2 vol. 249...
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