Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Re Sombre

Judgment Nominate Series Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Year1846
Date1846
CourtHigh Court of Chancery

English Reports Citation: 47 E.R. 881

COURTS OF THE LORD CHANCELLOR

Edgell
and
Wilkins

edgell v. wilkins. There is no rule requiring that affidavits should be filed a certain time previously to the hearing.-Remarks of Sir John Leach and Lord Eldon.-There is no rule in this Court, which requires that affidavits should be filed a certain time previously to the hearing of a motion or petition. Affidavits are often received, which have been filed the morning of the hearing, and not unfrequently during the hearing. It has long appeared to some persons of considerable experience in the Court that this practice produces much needless expense and delay, and that it is desirable that it should be altered by some General Order. But the Lord Chancellor appears to lie of opinion that there are advantages attending the present practice, which more than òcounterbalance the disadvantages of it. Edgell \. Willdnx, V.-C. February 1821 The opinion of Lord Eldon was sufficiently known from a ease that had occurred twenty years before, and to which Sir John Leach probably alluded. In Ex parte Leicester, 6 Ves. 432, [333] Lord Eldon said he had often thought of a rule that all .affidavits should be filed in a certain time before the discussion, according to the rule of the Courts of law. But in opposition to that there had been the uniform practice of the Courts; where the mischief had been daily felt and complained of without an attempt to remedy it; and by his own experience at common law he was convinced that though that rule was very convenient for the despatch of business, he, who was heard last, frequently introduced a state of transactions, which governed the judgment, and which, if explained, would satisfy the Court that it was made ancillary to the greatest injustice. They must, therefore, he thought, submit to the inconvenience òof the practice of the Court.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT