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Ashenhurst v James

Nominate Series Cited authorities 1 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Year1745
Date1745
CourtHigh Court of Chancery

English Reports Citation: 26 E.R. 958

HIGH COURT OF CHANCERY

Ashenhurst
and
James

Case 94.-[ANON.] January 25, 1744. Rehearings. Where a plaintiff examines only one witness to establish a fact, yet the court will so far lay stress upon this evidence, as it serves to explain any collateral circumstances. Lord Chancellor. Where the plaintiff charges a fact by his bill, which is denied by the defendant's answer, and the plaintiff examines only one witness to establish it, though the rule of the court is, where there is oath against oath (vide Walton v. Hobbs, 2 Atk. 19), that the plaintiff shall not have a decree for relief upon this fact, yet this court, as well as courts of law, will, so far lay stress upon the evidence of a single witness, as it serves to explain any collateral circumstance.

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