Castrique v Imrie and Others
| Jurisdiction | England & Wales |
| Judgment Date | 23 April 1861 |
| Date | 23 April 1861 |
| Court | Court of Common Pleas |
English Reports Citation: 142 E.R. 483
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
[340] castiuque v. imeue and otheks. April 23rd, 18G1. Error having been brought upon a judgment for the plaintiff in this court, a order was made, by consent, under which a sum of 30001. was invested by the defendants in Consols, in the joint names of the respective attorneys, "in lieu of bail in error hereiu, to abide the further order of this court." The judgment having been reversed by the Exchequer Chamber:-Held that the defendants were entitled to ,have the proceeds of the stock restored to them. Judgment having been given for the plaintiff upon a special case in this court, the amount of damages to be assessed by an arbitrator (vide ante, vol. ix., p. 1), the defen-daints brought a writ of error, whereupon it was agreed between the attorneys for the respective parties, that, in lieu of giving bail in error, the defendants should cause a sum of 30001, to be invested in Consols or Exchequer Bills, in the joint names of the attorneys, to abide the further order of this court; and accordingly the following order was made by Keating, J., on the llth of April, 1860:- " Caxtrique v. Imrie and Others. " Upon hearing the attorneys or agents on both sides, and by consent, I do order that the defendants do within ten days invest the sum of ;)0001. in Consols or Exchequer Bills, in the joint names of Mr. H. I). I., the plaintiff's attorney, and of Mr. E. W. F. and H. R., the defendants' agents, in lieu of giving bail in error herein, to abide the further order of this court; and that thereupon all proceedings on the reference provided for by the agreement of reference of the 25th of October, 1859, be stayed until after the proceedings in error are disposed of, such proceedings to be commenced, ,and the case set down for argument, in the Exchequer Chamber during this next Easter Term, or otherwise the judgment to be final, save as to the arbitration and taxation hereinafter provided: And I further order that, for the purpose of enabling ^he defendants to carry in the judgment-roll herein, upon which to suggest and bring error, the judgment be entered up by the plaintiff forthwith for the sum of 25001. and 5001. costs, subject, in case the plaintiff ob-[341]-tains judgment in the court of error, to the said sum of 25001. being increased or reduced by the arbitrator appointed by the said agreement of reference, who is by...
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