Channon v Parkhouse
| Jurisdiction | England & Wales |
| Judgment Date | 24 November 1862 |
| Date | 24 November 1862 |
| Court | Court of Common Pleas |
English Reports Citation: 143 E.R. 136
IN THE COURT OF COMMON PLEAS AND EXCHEQUER CHAMBER
136 CHANKON V. PARKHOUSE 13 C. B. (N. S.) 3. [341] channon v. parkhouse. Nov. 24th, 1862. The mere circumstance of the plaintiff being an officer in the navy, and hoping to be shortly appointed to a ship, which would disable him from attending to give evidence at the trial if the venue were changed,-Held, sufficient to induce the court to retain the ,venue where laid ; although it was sworn that all the defendant's witnesses resided at the place to which it was sought to change it. Denman, Q. C., on a former day in this term, obtained (on behalf of the defendant) a rule to shew cause why the venue in this case should not be changed from London to the county of Devou, upon an affidavit stating that the action was brought to recover the value of a quantity of furniture purchased by the defendant in the way of his business of an auctioneer, appraiser, and furniture-broker, and paid for by him; that the plaintiffs cause of action, if any, arose in the county of Devon, and not in the city of London or elsewhere out of the county of Devon ; that the defendant intended to call aa witnesses on his behalf at the trial of the cause several persons who were all resident in Plymouth, where the plaintiff's and defendant's attorneys both resided ; and that, under the circumstances, the deponent believed that the cause could be tried at much less expense at Exeter than in London. Collier, Q. C., shewed cause, upon an affidavit of the plaintiff, who described himself as an engineer in Her Majesty's navy, in which he stated that, in August, 18(51, he was appointed engineer on board of Her Majesty's ship " Pantaloon," and on the 15th of September, 1861, he left England in the said ship, and proceeded to the East coast of Africa, where the ship ran aground in Poticha Bay, and the plaintiff was, with other officers of the said ship, ordered home, and arrived in England on the 27th of September, 1862; that, on his return to England, the plaintiff discovered that his wife had been living in adultery with one C., [342] a major in Her Majesty's regiment of foot, and the plaintiff had instituted proceedings in Her Majesty's court for Divorce and Matrimonial Causes, which proceedings were then pending, praying for a dissolution of the marriage; that the plaintiff also found, on his return to England as aforesaid, that, in July last, his said wife, whilst so...
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