Robinson v Powell
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1839 |
| Date | 01 January 1839 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 203
EXCH. OF PLEAS.
S. C. 9 L. J. Ex. 17; 3 Jur. 1033.
EoalNMON v. powell. Exch. of Pleas. 1839.-In order to entitle a defendant to apply for costs under the 43 Geo. 3, c. 6, s. 3, he must have been actually arrested and held to special bail.-Where a sheriff's officer, having a. warrant against the defendant, went to his house and informed him of it, and agreed with him that they should meet at a certain place and time, and that the defendant should there give bail to the sheriff, which was accordingly done:-Held, that this was not an arrest, so as to satisfy the meaning of the stat. 4,'5 Geo. 3, c. 46, s. 3.-Where, in an action for an attorney's bill, the defendant obtained an order for referring it to taxutioB, "the plaintiff' to give the defendant credit for all sums received on his account, on payment of which costs, and of the costs of the action, all proceedings to be stayed :-Semble, that the award of the Master under this order was not a recovery of the amount within the meaning of the stat. 43 Geo. 3, c. 46, s. 3. -Where an attorney's bill is reduced more than a sixth, on a reference to taxation after action brought, the attorney is not compellable to pay the costs of taxation. ; [S. C. 9 L. J. Ex. 17 ; 3 Jur. 1033.] The plaintiff, an attorney, had delivered to the defendant a bill of costs amounting to 2131. 10s. 4d. Some [480] months afterwards, the bill not being paid, he commenced this ;action, and sued out a bailable writ against the defendant, marked for bail for 801. i The sheriff's officer went to the defendant's house and informed him that he had a warrant against him, whereupon it was agreed between them that the defendant should meet hip at a place and time mentioned by the officer, and there give bail to the sheriff, which was accordingly done. The defendant afterwards obtained a judge's order for referring the bill to taxation, " the plaintiff to give the defendant credit for all suma received on his account; on payment of which costs so to be taxed, and of the costs of the action, all proceedings to be stayed." The bill was reduced on taxation from 2131. 10s. 4d. to 1581. 4s. 8d. ; and after deducting payments made by the defendant on account before the commencement of the action, the ultimate balance allowed to tha plaintiff was only 101. 17s. lid., which was paid accordingly. C. Jones having obtained a rule to shew cause why the Master should not faux the defendant his...
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