Isaac against Humpage and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | High Court of Chancery |
English Reports Citation: 29 E.R. 644
HIGH COURT OF CHANCERY
[463] isaac against humpage and Others. [1792.] Mr. J. Butter for the Lord Chancellor.-[S. C. l.Ves. jun. 427.]-Affidavits read, upon an application for an injunction to restrain execution on a, verdict at law,(V) after answer put in.(l) The defendant, Humpage, an apothecary, brought an action against Rowley and Hogarth, as executors of a Mr. Sharpe deceased, for medicines administered to, and attendance upon their testator ; Hogarth, one of the executors, defended the action, and appeared by counsel; Rowley did not appear, and the plaintiff at law recovered a verdict, with £500 damages ; the plaintiff, who was residuary legatee in the testator's will, filed the present bill against Humpage, Rowley, and Hogarth, charging that the verdict had been recovered by collusion and fraud between Humpage and Rowley, and praying to be let in to try.the merits of the case, and for an injunction to restrain further proceedings in consequence of the verdict. The answers were come in. Mr. Solicitor General moved for an injunction, stated it as a gross case of fraud and collusion, by which, alone, the verdict could have been obtained, and proposed to read affidavits to prove his case. Mr. Richards opposed this, insisting that there was only one case in which affidavits could be read against the defendant's answer, in order to obtain an injunction ; that was the case of waste, and to shew this he referred to the case of Lady Strathmore v. Bowes (2 Bro. C. C. 88). The answer must be taken pro hac vice to be true, and nothing can be read but out of the answer. Mr. Solicitor General, Mr. Mitford, and Mr. Stanley on the part of the plaintiff, and Mr. Mansfield on the...
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