Hellaby v Brown Brown v Hellaby
| Jurisdiction | England & Wales |
| Judgment Date | 30 January 1857 |
| Date | 30 January 1857 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 1394
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C. 26 L J. Ex. 217; 5 W. R. 490.
hellaby v. brown brown v. hellaby. Jan. 30, 1857 -An action brought by A. against B. and a cross-action by B. against A , were referred by separate orders of reference made under the 3rd section of the Common Law Procedure Act, 1854. The action by B. against A contained counts for not using a farm in a tenant-like manner and for goods sold; and the defendant pleaded to the first count a denial of the tenancy upon the terms alleged and performance of the agreement; and to the last count, never indebted, payment, and set-off The aibitrator made his award on one piece of paper, awarding for the plaintiff in (c) Citing Coppendale v Debmianc, Barnes, 213, fTilson v Kingston, 2 Chitt. Rep 203. 1 H & N 730 HEIYLABY V BROWN 1395 the fust action, and that in the second action there \vas nothing due 01 payable from the defendant to the plaintiff, and he ordered that the costs of the award should he paid by B-The Count temitted the award to the arbitrator that he might make two awaicls and hncl the issue specifically. [S C. 26 L J. Ex. 217 ; 5 W. ft. 490.] G. Denman had obtained a rule, calling on C Hellaby to shew cause why the award of the arbitrator made in these causes should not be set aside The action of Hellaby v. Btown was brought by Hellaby, who had been the tenant of a farm belonging to Brown, to recover the value of his tenant right on quitting his farm Brown pleaded a set oft In Bioivn \. Hellaby, the first count of the declaration alleged that the defendant became tenant to the plaintiff of a certain messuage, lands and premises, on the terms that he would during the tenancy keep the premises in tenantable repair, and use the same in a tenantable and proper manner according to the custom of the country . that he had not kept the piemises in tenantable repair, but had [730] used the messuage and lands in an untenantable and improper manner. The second count alleged that the plaintitt had let to hire to the defendant ceitain machinery upon the terms that he should take due caie thereof , but that he had carelessly and negligently broken and destroyed one of the machines There weie also counts for goods sold, &c. To this action Hellaby pleaded First, to the first count-Denial of the tenancy on the terms alleged Secondly, to the same-Performance of the terms. Thirdly, to the second count-Payment...
To continue reading
Request your trial
-
Hogge v Burgess
...between references by consent and references under the compulsory clauses of the Common Law Procedure Act, 1854. In Blown v. Ilellabij (1 H & N. 729), which was a reference under that Act, the Court remitted the award to the arbitrator in order that he might find the issues specifically. [W......