Cocks against Harman
| Jurisdiction | England & Wales |
| Judgment Date | 20 May 1805 |
| Date | 20 May 1805 |
| Court | Court of the King's Bench |
English Reports Citation: 102 E.R. 1341
IN THE COURT OF KING'S BENCH.
cocks against harman. Monday May 20th, 1805. The Court refused to proceed summarily against a steward who was an attorney, to compel him to account before the Master for receipts and payments in respect of a mortgaged estate, and to pay the balance to Ms-employer, and to deliver up upon oath all deeds, writings, &c. relative to the estate; this being the proper subject of a bill in equity, and not a ease for a mandamus- to compel a steward of a manor to deliver 1342 CO WELL T WATTS 6 EAST, 405. up court rolls, &c.; in lieu of which this summary mode of proceeding has been adopted where the steward of the manor is an attorney. Dampier moved for a rule upon Mr. Harman, an attorney of this Court, to shew cause why he should not deliver to Mr. Cocks, as the heir at law and only acting executor of James Cocks, Esq. his late father, deceased, an account of his receipts and payments in respect of a certain mortgaged estate, and why he should not deliver up upon oath all such deeds, papers, and writings as are now in his custody or power relating to. the said estate, together with the powers of attorney given to him by the said J. C.; and why it should not be referred to the Master to take the account; and why Mr. Harman should not pay the balance over to Mr. Cocks. This was moved upon an affidavit that Mr. Harman had acted as steward to J. C. the Elder, in which character these documents had been delivered to him, and that there was a balance now in his [405] hands : and he cited Hughes v. Mayre (a), where the Court entertained...
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Rice
...been disposed of by a Court of competent jurisdiction, cannot be again brought, by way of appeal, before this Court. In Cocks v. Harman (6 East, 404), the Court of King's Bench refused to interfere, in a summary mode, to compel an attorney to deliver up papers, which, if improperly detained......
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Barker
...N. P. C. 538), in both of which cases an item for drawing a warrant of attorney was held to make the bill taxable. In Cocks v. Harman (6 East, 404) it did not appear that the documents had been delivered to Harman in his character of attorney; and it seems that the decision In the matter of......
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Re Murray
...521. TAYLEUR V. DICKENSON 201 Mr. Wray, contra, cited Ex parte Partridge (2 Merirale, fJOO); Cocks v. Harman (8 East, 237) ; Ex parte Low (6 East, 404). The Master uf the Roils [Lord GifEord]. In Lord Uxbridye's case, there was no proceeding in court : and the only ground of jurisdiction wa......
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The Executors of Aitkin, Deceased
...of Law or Equity. Littledale shewed cause, and contended that this was an answer to the present application; and he cited Cocks v. Harman (6 East, 404), where an application for a rule upon the defendant, to deliver up to the plaintiff an account similar to the present, was refused. And in ......