Stead v Williams and Others

JurisdictionEngland & Wales
Judgment Date18 January 1848
Date18 January 1848
CourtCourt of Common Pleas

English Reports Citation: 136 E.R. 985

IN THE COURT OF COMMON PLEAS

Stead
and
Williams and Others

S. C. 5 D. & L. 497; 17 L. J. C. P. 109; 12 Jur. 100.

stead v. williams and others. Jan. 18, 1848. [S, C. 51). & L. 497; 17 L. J. C. P. 109; 12 Jur. 100.] After a rule absolute for a new trial, in an action for the infringement of a patent, all the plaintiffs real and personal estate was, by an order of the insolvent debtors court, vested in the official assignee :-The court refused to call on the plaintiff to give security for costs,-it not being shewn that the assignee had interfered, or was likely to interfere. This was an action brought to try the right of the plaintiff to the exclusive use of two several alleged inventions, for which the plaintiff had obtained letters-patent. The action was commenced in July, 1843. The declaration contained two counts; to each of which the defendants pleaded not guilty, and several special pleas putting in issue the validity of the patents. The cause was tried at the Liverpool summer assizes, in 1843, when the second count was withdrawn, and a verdict found for the plaintiff, affirming his alleged rights under the patent mentioned in the first count. The court, however, in Trinity term, 1844 (7 M. & G-. 818), set aside that verdict, and directed a new trial, on the ground of misdirection. The venue was afterwards changed to Middlesex, and the plaintiff intimated his intention to proceed to trial upon both counts. On the 9th of November last, the plaintiff was taken in execution, at the suit of one George Anderson, for 3771., and was, on the 25th of November, committed to the Queen's prison, where he still remained. On the 21st of December last, an order was made by the insolvent debtors court, on the petition of Anderson, whereby all the real and personal estate and effects of [529] the plaintiff were vested in the provisional assignee of that court,-which order still remained in force. Upon an affidavit of the above facts, and also stating, that the carrying the cause to trial would involve a considerable outlay of money on the part of the defendants; that some of the witnesses for the defendants, whose evidence would be material and necessary for them at the trial, resided in distant parts of the country; that others of the defendants' witnesses, whose evidence would be also material and necessary for them at the trial, consisted of scientific persons, whom it was necessary to instruct some days before the trial...

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2 cases
  • Goode Concrete v CRH Plc Roadstone Wood Ltd and Others
    • Ireland
    • High Court
    • 21 March 2012
    ...Pitt v Bolger [1996] 2 ILRM 68; Harlequin Property (SVG) Ltd v O'Halloran [2012] IEHC 13, (Unrep, Clarke J, 19/1/2012); Stad v Williams 5 CB 528; Kenealy v Keane [1901] 2 IR 640; Cook v Whellock (1890) 24 QBD 658; Cowell v Taylor [1885] 31 Ch D 34; Sykes v Sykes (1869) LR 4 CP 645; AG (Cah......
  • Kingdom v Cox
    • United Kingdom
    • Court of Common Pleas
    • 18 January 1848
    ...that the plaintiff did, within a reasonable time (a) 2 Stark. N. P. C. 281. But the court of K. B. set the nonsuit aside, 4 Mann. & E. 430. 5C.B. 528. STEAD V. WILLIAMS 985 after the making of the agreement, provide and deliver to the defendant proper drawings, means that he [528] sent such......

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