Dreesman, App; Harris and Another, Resp

JurisdictionEngland & Wales
Judgment Date23 January 1854
Date23 January 1854
CourtExchequer

English Reports Citation: 156 E.R. 207

IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER

Dreesman
App.
Harris and Another
Resp.

S. C. 2 C L. R 498; 23 L J. Ex. 210.

dreesman, App.; harris and another, Re^p. Jan. 23, 1854-In actions brought in the county courts in cases where those courts have jurisdiction, an appeal lies, where the amount of the claim exceeds 201., although judgment be given for a smaller amount [S. C. 2 C L. K 498; 23 L J. Ex. 210.] This was an appeal from a decision of the judge of the county court of Newcastle. It was an action for the breach of a contract. The claim exceeded 201, but the judge had given judgment for 121. only. '208 PROCTOR V. BROTHERTON 9 EX 486 Bovill appeared for the appellant. Udall, for the respondents, objected that the appeal would not lie, on the ground that the judgment was for a sum under 201., and that, if an appeal were allowed here, a party might reserve to himself the right of appeal in all cases by extending his claim to a sum exceeding 201. Sed per Cunam (a) The Hth section of the 13 & U Viet. c. 61, enacts "that if either party in any cause of the amount to which jurisdiction is given to the county [486] courts by this Aft shrill be dissatisfied with the determination or direction of the said court in point of law, or upon the admission or rejection of any evidence, such party may appeal from...

To continue reading

Request your trial
6 cases
  • Tan Chiang Brother's Marble (S) Pte Ltd v Permasteelisa Pacific Holdings Ltd
    • Singapore
    • Court of Appeal (Singapore)
    • 4 April 2002
    ...at [29] and [30]. Boyd v Bischoffsheim [1895] 1 Ch 1 (folld) Chan Kee Beng v Ramasamy Naidu [1939] MLJ 113 (folld) Dreesman v Harris (1854) 9 Exch 485; 156 ER 207 (folld) Mason v Burningham [1949] 2 KB 545 (folld) Mayer v Burgess (1855) 4 El & Bl 655; 119 ER 241 (folld) Nomura Regionalisati......
  • Ardan Steamship Company v Weir (Andrew) & Company
    • United Kingdom
    • House of Lords
    • 4 August 1905
    ... ... , and the failure to provide a cargo to load is another and a very different thing. He found as a fact that the ... the cargo was furnished within reasonable time: Harris v. Dreesman. F31 ... I think that the opinion of the Lord ... F2 ( 1884 ) 9 App. Cas. 470 , 475 ... F3 ( 1882 ) 10 Q. B. D. 241 ... ...
  • Hua Sheng Tao v Welltech Construction Pte Ltd and Another and Another Application
    • Singapore
    • High Court (Singapore)
    • 24 February 2003
    ...a plaintiff would exaggerate his claim to get himself over the threshold. Chao JA referred to the English case of Dreesman v Harris (1854) 9 Exch 485 in which the very same argument (that a plaintiff may exaggerate his claim) was rejected, and then continued with the reminder that "a party ......
  • Ashcroft v Crow Orchard Colliery Company
    • United Kingdom
    • Queen's Bench Division
    • 6 July 1874
    ...10 M. & W. 498; Kearon v. Pearson, 7H. & N. 386; Ford v. Colesworth, 19 L. T. Rep. N. S. 634; L. Rep. 4Q. B. 127; Harris v. Drecsman, 9 Ex. 485; Robertson v. Jackson, 2 C. B. 412; Shadforth v. Cory, 32 L. J., 79 Q. B.: in error, 379. Cur. adv. vuit. July 6.-Lush, J., delivered the judgment ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT