Harrison v Watt and Wife
| Jurisdiction | England & Wales |
| Judgment Date | 28 January 1847 |
| Date | 28 January 1847 |
| Court | Exchequer |
English Reports Citation: 153 E.R. 1209
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 4 D. & L. 519; 17 L. J. Ex. 74; 11 Jur. 91. Followed, Rumbelow v. Whalley, 1851, 16 Q. B. 397. Distinguished, Langridge v. Camphell, 1877, 2 Ex. D. 281.
[3J.6] harejlson v. watt and w[fe. Jar. 28, 1847.-Debt for goods sold. Pleas, : first, as tb all but 15s., parcel of the monies in the declaration mentioned, never indebted:; secondly, as to the said sum of 15s., parcel &c., payment into court of 15s. Replication, similiter to first plea; as to last plea, that plaintiff accepts the 15s. in full satisfaction and discharge of the cause of action in the introductory part of that plea mentioned, with prayer of judgment for his costs sustained in ifilO HARBISON V. WATT 16M.&W.317. . that behalf. At the trial, the jury found that the defendants never had been indebted to the plaintiff in more than the 15s. :-Held, that the plaintiff was entitled to costs on the replication to the last plea. [8. C. 4 D. & L. 519 ; 17 L. J. Ex. 74; 11 Jur. 91. Followed, EumMow v. WhaUey, 1851, 16 Q. B. ;)'J7. Distinguished, Langridye v. Campbell, 1877, 2 Ex. D. 281.] An order had been made by Rolfe, B., for reviewing the Master's taxation of the defendants' costs in this cause, and for taxing the plaintiff's costs on the replication, on taking money out of court in satisfaction of the causes of action in respect of which it had been paid in. The action was in debt, for goods sold and delivered to the female defendant while sole, with the common counts. Damages 10. Pleas, except aa to Ifis., parcel of the monies in the declaration mentioned, never indebted; second, as to the sum of 15s., payment into court of that sum, with an averment that the defendants were never indebted to the plaintiff' to a greater amount. Verification. Replication, similiter to the first plea; to the last plea, that the plaintiff accepted and took out of court the 15s. in full satisfaction and discharge of the causes of action in the introductory part of the last plea mentioned : therefore, as to such causes of action, the plaintiff is satisfied, and prays judgment for his costs and charges by him sustained in that behalf. The cause was tried by writ of trial before the unclersheriff of Durham, who returned that, on the issue of never indebted, the jury found that tliQ defendant Mary, except as to the said sum of 15s., was never indebted in manner and form as the plaintiff' had...
To continue reading
Request your trial
-
Harold v Smith
...by the amendment. But the defendant is entitled to all [384] other costs as costs in the cause. They refeired to Harrison v. Watt (16 M & W. 316, J21) Cur. adv. vult brahwe^l, B, now said-This was a rule to leview the Master's taxation. The facts may be shortly stated thus -The action was b......
-
A. B. Richards, Executor of John Richards, Deceased, v Bluck
...& Bingh. 66, 3 J. B. Moore, 327), which latter case is adopted in Davey v. Eenton (2 B. & C. 711, 4 D. & R. 186). In Harrison v. Watt (16 M. & W. 316, 4 D. & L. 519), in debt for goods sold, the defendant pleaded,-first, as to all but 15s., parcel of the moneys in the declaration mentioned,......
-
Rumbelow v Whalley
...in respect of 101.; the defendant by adopting this form of plea has insulated (to use the expression of Parke B. in Harrison v. Watt (16 M. & W. 316, 317)), one part of the declaration from the rest, and so prevented the raising such an issue as would under the latter part of the rule, if f......
-
Clothier v Gann
...to shew cause why there should not be a review of the taxation. The master proceeded upon the supposed authority of Harrison v. Watt, 16 M. & W. 316. The principle there laid down is not disputed: but, where the defendant is entitled to the general costs of the cause, the plaintiff is only ......