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Law v Wells

Maclean & Robinson's Appeal Cases English Reports Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1820
Date01 January 1820
CourtCourt of the King's Bench

English Reports Citation: 170 E.R. 103

IN THE COURT OF KING'S BENCH

Law
and
Wells

[128] Saturday, Dec. 3d. law v. wells (A party is not obliged to produce evidence against himself, though such evidence is in Court, and he has had notice to produce it ) This wah an action of trover against the defendant, who, as messenger under a commission of bankrupt, had taken the plaintiff's goods The pUuntift had given the defendant notice to produce the proceedings under the commission They were in Court, but the defendant's counsel refused to produce them (a) * Lord Kenyon said they were not obliged to produce them unless they chose, and mentioned a case at Lancaster, where Mr J Yates, who was the leading counsel in the cause (6), refusing to produce some muniments relating to an election at Wigan, the Court held he was not obliged to produce them Verdict for plaintiff. (a)1 Vide Lloyd v Maund, 2 T. Rep. 760, where a letter, written in ambiguous terms, neither expressly admitting nor denying the debt, was left to the jury as an acknowledgment In Rucker v Hannay, 4 Bast, 604, n , an affidavit made for the express purpose of obtaining leave to plead the stat was so left, as was a declaration by the defendant that he did not owe the plaintiff a farthing, it being more than six years since he contracted, Bryan v Horseman, 4 East, 599. See also Leaper v Tatton, 16 East, 420, aud other cases collected Peake's Law Evidence, 291, 4th edit ()2 In Batexon v Hatt*uiL, 4 Esp Cas 43, Lord Kenyon would not compel the solicitor under a commission of bankruptcy to produce the proceedings when served by a creditor with a subpoena duces tecum to produce them, saying they were the papers of the assignees But in a similar case Lord Ellenborough said, that he considered it a public duty to have the proceedings produced, Pearson v Fletcher, 5 Esp. 90, and see Coi^en v Duboi*, I Holt, 239, and Cohen v...

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