Pearne against Lisle
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 19 October 1749 |
| Date | 19 October 1749 |
English Reports Citation: 27 E.R. 47
HIGH COURT OF CHANCERY
Case 33.-pearne against lisle. October 19,1749. Court of Equity will not grant Ne exeat regno for a mere legal demand [for which the defendant may be held to bail].(l) Will in case of alimony decreed by the Spiritual Court. (2) Order for Ne exeat regno discharged; the demand being for Negroes in Antigua, and the defendant is going there, where he will be amenable. (See Robertson v. Wttkie, post, 177, and note there.)-2d Seal before Mich. Term. No Entry in L. R. Order for Ne exeat regno was made on 18th April 1748, till answer and further order, and to be marked £500 on affidavit to the following effect : That plaintiff was entitled to fourteen Negroes at Antigua; that his agent let them to defendant for hire, at a yearly rent which amounted to £100 Antigua money ; that the defendant refuses to pay for two years service, which is of the value of £100 sterling, and [76] also refuses to deliver the Negroes to plaintiff's agent: that defendant has declared he 48 PEARNE V. LISLE AMB. 77. intends to leave England soon and go to Antigua : that plaintiff has no remedy at law, his witnesses being abroad, and therefore filed his bill in this Court. On motion to discharge this order, Lord Hardwicke, C., declared the rule of the Court to be, not to grant a Ne exeat regno on a mere legal demand for money; if it is of such a value, the defendant may he arrested, and...
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Iain Lawrie Shearer and Others v Spring Capital Ltd (First Defendant) (a) Tenon Pension Trustees Ltd and and Another (Second Defendants) (a) Tenon Pension Trustees Ltd and and Another (Third Defendants)
...property law on which he ever opined had been demolished by a judge famous for saying that law should keep up with the age ( Pearne v. Lisle (1749) Amb 75, 27 ER 47. cf. Somerset v. Stewart (1772) 98 ER 499). There are relatively few cases in this area of tender and since, as Lord Sumption ......
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Lincoln International Ltd v Seymour Feldstein
...129; 35 E.R. 51 (10) [1815] 19 Ves. 342; 34 E.R. 544 (11) [1799] 4 Ves. at p.591; 31 E.R. at p.303 (12) Per Lord Hardwicke in Pearce v. Lisle Amb 75; Brocker v. Hamilton 1 Dick 154; Greames v. Stritho 2 Dick 469; Ex parte Duncom be 2 Dick 503; Crossley v. Marriot 2 Dick 609; Ex parte Brunke......