Anonymous (1722) 2 P Wms 68
Jurisdiction | England & Wales |
Judgment Date | 01 January 1722 |
Date | 01 January 1722 |
Court | High Court of Chancery |
English Reports Citation: 24 E.R. 643
Chancery Division
Case 11.-anonymous. [1722.] In case of an issue out of chancery, it is proper to move that court for costs ' for not going on to trial, or to move there for a special jury. If an issue be directed out of chancery to be tried, and the party plaintiff in the issue gives notice of trial, and does not countermand it in time; upon motion, the Court of Chancery will give costs, and not put the defendant to more the court of law where the issue is to be tried. So on an issue's being directed out of the Court of Chancery, after such issue made up, it is proper to move the Court of Chancery for a special jury, if the circumstances of the case...
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