Rowson, Gent. One, Company v Earle
| Jurisdiction | England & Wales |
| Judgment Date | 28 October 1829 |
| Date | 28 October 1829 |
| Court | High Court |
English Reports Citation: 173 E.R. 1250
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
S. C. with annotations, 4 C. & P. 44.
Westminster, Oct 28, 1829 rowson, gent. one, &c. v eakle. (An attorney who has given notice that he will not go on with a cause in the Court of Chancery without being supplied with money, has a right to desist from it; and may recover for the work done up to that time.) [S. C. with annotations, 4 C. & P. 44.] Assttmpsit on an attorney's bill for business done in Chancery. The plaintiff took the papers after the defendant had put in his answer, and conducted the business for two years, until a decree was made, and the master had mstde hia report, and then gave notice of giving up the papers for want of funds, and actually dkl give them up for that reason. The defendant, who appeared in person, contended that be was not liable, the plaintiff having thrown up the business when it was his duty to proceed. Lord Tenterden C. J. It is not to be expected that any attorney will carry on a cajuae of an indefinite length unless he is furnished with funds so to do. Now he does not insist on his lien on the papers, which lie might have done ; and he had a right undoubtedly to say he would not go on unless he was furnished with the means so...
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