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Lloyd v Whitty

Nominate Series English Reports Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date25 November 1854
Date25 November 1854
CourtHigh Court of Chancery

English Reports Citation: 52 E.R. 269

ROLLS COURT.

Lloyd
and
Whitty

[57] lloyd . whitty. Nov. 25, 1854. A motion for an injunction was ordered to stand over, with liberty to bring an action. Held, that a witness, who had made an affidavit on the occasion, might, afterwards and before the trial, be cross-examined, under the 15 & 16 Viet. c. 86, s. 40. A motion made for an injunction had been ordered to stand over, with liberty for the Plaintiff to bring an action at law. On that occasion, a Mr. Whitlock had made an affidavit. After the motion, and before the action had been tried, the opposite side had required him to attend the examiner to be cross-examined, but the examiner was of opinion that as the matter was suspended, the Act did not apply, the words of it being "shall be used," and not "shall have been used." (15 & 16 Viet, c, 86, s. 40.) Mr. Fooks applied to the Court to sanction the cross-examination. He referred to the statute, and...

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1 cases
  • Clarke v Law
    • United Kingdom
    • High Court of Chancery
    • 12 novembre 1855
    ...(17 Beav. 156), which decided that the words of s. 40 of the 15 & 16 Viet, c. 86 included motions for decree, and Lloyd v. Whitty (19 Beav. 57), in which a motion for an injunction having been ordered to stand over, with liberty to bring an action, it was held that a witness who had made an......

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