Dowbiggen v Bourne and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1831 |
| Date | 01 January 1831 |
| Court | Exchequer |
English Reports Citation: 159 E.R. 1006
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
dowbiggen v bourne and others. 1831.-It is regular for defendants to move to dismiss the bill for want of prosecution, notwithstanding the death of another defendant; the order to dismiss in this Court not being, as in the Court of Chancery, absolute in the first instance, but an order to shew cause only; and the plaintiff being entitled to shew as special cause the death of the defendant, and to undertake to revive. [See p. Ill, ante.] (a) Other points were raised, but which it seems immaterial to notice, as the judgment of the Court did not refer to them. (c) 16 Ves. 390. In this case the purchaser expressly rested the case on a compensation, and waived the objection to the title YOU. 301. CHIMELLI V. CHAUVET 1007 The bill in this case was filed against James Bourne, John Boiune, Peter Bourne, aid John Fenton Cawthome The defendant, Cavvthorne, demurred to the bill; but, upon [301] argument, his demurrer was overruled (ante, p. Ill) The other defendants answered. Before Cawthorne had put in an answer he died. After his death, the other defendants obtained the usual order nisi to dismiss the bill for want of prosecution. Instead of shewing the death of Cawthorne as cause against the order to dismiss, the plaintiff now moved to discharge the order nisi, for irregularity, with costs. Mr. Bethell, in support of the motion, contended that, where one defendant was dead, it was irregular for the other defendants to move to dismiss in the first instance, and that the...
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