Butler v Corney
| Jurisdiction | England & Wales |
| Judgment Date | 13 June 1848 |
| Date | 13 June 1848 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 578
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 6 D. & L. 45, 17 L. J. Ex. 265.
butler v corney June 13, 1848-A defendant, who seeks by suggestion to deprive the plaintiff of costs, under the 9 & 10 Viet c 95, s 129, need not, in his affidavit irr support of the motion to enter such suggestion, negative any grounds for refusing the suggestion, which ate not mentioned in the sections A prima facie case on the part of the defendant is sufficient to entitle him to enter a suggestion -The Court allowed a suggestion to be entered, although pait of the cause of action aiose on a bill of exchange, and the Court expressed a doubt whethei such mattei was within the jurisdiction of the County Court [S C 6 D & L 45, 17 L J Ex 265 ] In this case a rule had been obtained, calling on the plaintiff to shew cause why ttie defendant should not be at liberty to enter a suggestion on the loll, to deprive the plaintiff of his costs, under the County Couit Act, 9 & 10 Viet c 95, a 129 The affidavits stated that the action was on a contract, and for a cause for which a plaint might be levied in the courrty court, that the plaintiff lecoveredonly 191 5s , that the plaintiff and defendant dwelt within twenty miles of each other at the time the action commenced, and that neither party was an ofhcei of the court Against this rule Needham shewed cause The defendant's affidavit is insufficient The 128th section enacts, that "all actions arid proceedings which, before the passing of this act, might have been brought in any of her Majesty's superior courts of record, where the a EX. 478. BUTLER V. CORNEY 579 plaintiff dwells more than twenty miles from the defendant, or where the cause of action did not arise wholly or in some material point within the jurisdiction of tbe court within which the defendant dwells or carries on his business at the time of the action brought, or where any officer of the county court shall be a party, except in respect to any claim to any goods and chattels taken in execution of the process of the court, or the proceeds or value thereof, may be brought and determined in any {475] such superior court, at the election of the party suing or proceeding, as if this act had not been passed." And the following section enacts, that "if any action shall be commenced after the passing of this act, in atiy of her Majesty's superior courts of record, for any cause other than those lastly hereinbefore...
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