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Riddle case

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date18 December 1911
Date18 December 1911
CourtHigh Court of Chancery

English Reports Citation: 34 E.R. 460

HIGH COURT OF CHANCERY

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and
Riddle

Q12] v. riddle. May llth, 1812. Illness an exception to the rule, that an application for time to answer on special grounds must be made in the 'first instance, before the usual Orders obtained. After the usual Order for a month's time to answer upon the second application in a town cause, a special application was made by Motion for farther time, on affidavit, stating the severe illness of the Defendant and the great length of the Bill, containing above throe hundred interrogatories. Mr. Wether ell, for the Plaintiff, opposed, the Motion, insisting, that a special case should have been brought forward in the first instance ; as in Norris v. Kennedy (12 Ves. 66. Farnsworth v. Yeomans, 2 Mer. 142). The Lord Chancellor [Eldon]. Can that general rule apply to the case of bodily infirmity 1 The Defendant might have been seized after the Order made. The circumstance of his not having applied for time is rather in his favor ; shewing, that he did not mean to trespass upon the general rule, if he could avoid it. The affidavit does not point out...

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