A Plaint in the County Court of Oxfordshire Holden at Oxford between Henry Carter, Plaintiff, and Charles Frederick Smith, Defendant
| Jurisdiction | England & Wales |
| Court | Court of the Queen's Bench |
| Judgment Date | 30 January 1855 |
| Date | 30 January 1855 |
English Reports Citation: 119 E.R. 257
Queen's Bench Division
S. C. 3 C. L. R. 848; 24 L. J. Q. B. 141; 1 Jur. N. S. 279; 3 W. R. 235.
Wightraan J. After much doubt, I agree in opinion with Lord Campbell and my brother Coleridge, that the verdict in this case should be entered for the defendant. As the reasons for my judgment are the same as those in that of my brother Coleridge, I think it unnecessary to repeat them. I wish it, however, to be understood that my opinion is limited to the jurisdiction of the magistrate to issue the particular warrant which was the ground of the action in this case. Rule absolute. NM IN THE MATTER OF A PLAINT IN THE COUNTY COURT OF OXFORDSHIRE HOLDEN AT OXFORD between HENRY CARTER, Plaintiff, AND CHARLES FREDERICK SMITH, Defendant. Tuesday, January 30th, 1855. The 41st rule of practice in the county courts (framed under stat. 12 & 13 Viet. c. 101, s. 12), requiring seven days' notice of an application for a new trial, is directory only ; and the judge may, in his discretion, dispence with regular notice, if satisfied that a sufficient case for so doing is made out, and may grant a new trial under the power given him by stat. 9 & 10 Viet. c. 95, s. 89. S. C. 3 C. L. R. 848; 24 L. J. Q. B. 141; 1 Jur. N. S. 279 ; 3 W. R. 235.] Cripps, in last Term, obtained a rule Nisi to prohibit the judge of the county court front proceeding further in bearing the application for a new trial in the above plaint. From the affidavits on both sides it appeared that the plaint was by an Oxford tradesman against an under-graduate, to recover 251. 11s. 9d. The defendant paid into court 11. is. 9d., and as to the residue pleaded infancy. The cause came on to be tried by a jury, at the county court holden on October 6th, 1854. The particulars in the plaint were for 141. lent on an I. 0. U. and for 111, lie, 9d. for goods of various kinds. It was proved that the defendant was an infant. The plaintiff's counsel admitted that he could not support the claim for money lent, and that some of the goods, such as a tobacco stopper and a spirit flask, were not necessaries ; but be contended that several other articles, such as a set of opal snake studs, were necessaries. The judge summed up ; when the jury found a verdict for the plaintiff for the full amount, including the tobacco stopper, spirit flask and 1. 0. U. The judge thereupon observed that such a verdict could not stand. The defendant's counsel proposed to move then for a new [697] trial : but, it being late in the day, the Judge directed that no execution should issue till next court, in order that the defendant might have an opportunity to move for a new trial. No formal notice of an intention to apply for a new trial was given at this time ; but what took place was in the presence of the plaintiff's counsel and attorney ; and it...
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