Gordon v Gordon
| Jurisdiction | England & Wales |
| Judgment Date | 23 February 1818 |
| Date | 23 February 1818 |
| Court | High Court of Chancery |
English Reports Citation: 36 E.R. 341
HIGH COURT OF CHANCERY
S. C. 1 Wils. Ch. 155.
[1661 gordon v. gordon. Feb. 19, 21, 2-'i, 1818. [S. 0. 1 Wils. Ch. 155.] The bill prayed that certain articles of agreement, executed by the Plaintiff in favor of his younger brother the Defendant, Mr. James Gordon, who disputed the Plaintiff's legitimacy, might be cancelled. On the 4th of August 1809. an order was made for taking the examination de bene esse of Mrs. Hannah Gordon, relative to an alleged private marriage between her and Colonel Gordon deceased, before the birth of the I'laintiff. She was accordingly examined on the 24th of October following, but on the hearing of the cause at the Rolls in December 181G, after her decease, her deposition had not been published, and was not read. The Plaintiff having presented a petition of re-hearing, on the Gth of August 1817. it was ordered 342 UORDON V. (JORDON 1 SWANS. 167, by the Master of the Hulls that her deposition should be published and read on the, rehearing, and on the, 27th of November the Lord Chancellor confirmed that order. At the rehearing before the. Master of the Holla, on the 9th of December last, au issue was directed, and on the 12th of February 1818, the Plaintiff obtained an order for liberty to read Mrs. Gordon's deposition at the trial. The Defendant Mr. James Gordon, having previously given notice of a motion to suppress her deposition, now moved that the order of the 12th of February, so far as relates to her deposition, might be discharged, and that the deposition might not be read at the trial. The affidavits in support of the motion stated, that in 1808 an action in the Court of Session in Scotland, still pending, was brought by the Defendant Mr. James Gordon against the Plaintiff, founded on the articles of agreement for cancelling which the bill was filed ; that one Thomas Gordon had acted since the commencement of the action, and still continued to act therein, as the law-agent, attorney, [167] or solicitor of the Plaintiff, particularly on an application for taking the examination of Mrs. Gordon relative to the alleged private marriage between her and Colonel Gordon ; that the commission for the examination of Mrs. Gordon (in which none of the Defendants in this cause joined) was directed to five persons, of whom the said Thomas Gordon was one, who, as appears by the return, acted in the execution thereof, the examination taking place at the house of the Plaintiff ; that the Master of the Rolls having on the (ith of August last ordered that Mrs. Gordon's deposition should be published and read at the rehearing, the Defendant Mr. James Gordon, on the 8th of August, gave notice, for the first seal before Michaelmas term, of a motion to rescind that order (the last seal after Trinity term being held on the 5th of August) ; and the motion being heard on the, 21st and 22d of November, the Lord Chancellor, on the 27th of November, affirmed the, order of the Master of the Soils ; that on the 28th of November...
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...the solicitor of a party in the cause was a disqualification for acting in the execution of a commission in such cause: Gordon v. Gordon (1 Swans. 166). the ViCE-CHANCELLOK [Sir James Wigram]. The material question is whether the depositions should be suppressed. If they ought to be suppres......