Spicer and Another v Todd
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1831 |
| Date | 01 January 1831 |
| Court | Exchequer |
English Reports Citation: 149 E.R. 69
EXCH. OF PLEAS.
S. C. 2 Tyr. 172; 1 Dowl. P. C. 306; 1 L. J. Ex. 59.
[165] spicer and another v. todd. Exch. of Pleas. 1831.-The assignee of an insolvent debtor sued in the names of trustees for the insolvent, after having ! offered an indemnity to them, but without their consent. A judge at Chambers set aside the proceedings; and the Court stayed the order and the proceedings until the trustees were indemnified.-A Judge at Chambers has no power to give costs on summons. [S. C. 2 Tyr. 172; 1 Dowl. P. C. 306 ò 1 L. J. Ex. 59.] E. Pinning, an insolvent debtor, being entitled to the rents and profits of an estate for life, his assignee tendered an indemnity to the plaintiff's, who were the trustees of the property, and brought an action against the tenant for rent in their name. Upon an affidavit that the action was brought against the consent of the plaintiffs, Vaughan, B., at Chambers, set aside the proceedings for irregularity, with costs to be paid by the attorney. The order was not made a rule of Court. Archbold obtained a rule nisi to rescind the order, contending, upon the authority of Chamb&rs v. Donaldscm (9 East, 471), that the assignee might use the names of the plaintiffs; and that their only course was to apply to stay the proceedings until they were indemnified against the costs. He also urged that a, Judge at Chambers had : no authority to give costs; and that the rule, on that ground also, ought to be rescinded. Platt, who shewed cause, contended, that the motion could not be entertained, because the order was not made a rule o£ Court. But the Court thought that the order might be rescinded, though not made a rule 70 REQUIRE GENERALES 2C. &J.186. of Court, and directed Platt to proceed upon tbe merits (see Hawea v. Johnson, 1 Y. & J. 12). He admitted that he could not support that part of the order which directed the payment of costs ; but contended, upon the merits, that the assignee was not entitled to use the names of the plaintiffs without their consent, and expose them to the peril of costs. [166] Arehbold, contra. The learned Judge exceeded his jurisdiction by giving costs...
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...8 J. B. Moore, 350, 1 C. & P. 36; Durant v. Titley, 7 Pri. 577. 816 ARCHARD U COULSTING 6 MAN; & G. 78. to Spicer v. Todd (2 Tyrwh. 172, 2 C. & J. 165, 1 Dowl. P. C. 306) and Whitehead v. Hughes (2 C. & M. 318, 2 Dowl. P. C. 258).] Prima facie, undoubtedly, a court of equity would appear to......
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...proceed : Emery v. Mucklow (10 Bing. 23; S. C., 3 M. & Sc. 384; 2 Dow. 735) ; Anster v. Holland (15 L. J., Q. B., 229) ; Spicer v. Todd (2 C. & J. 165; S. C., 1 Dow. 306, 2 Tyr. 172) ; Whitehead v. Hughes (2 Dow. 258). Where the proceedings were stayed : Doe d. Prosser v. King (2 Dow. 580);......
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