Swale v Milner
| Jurisdiction | England & Wales |
| Judgment Date | 09 April 1834 |
| Date | 09 April 1834 |
| Court | High Court of Chancery |
English Reports Citation: 58 E.R. 708
HIGH COURT OF CHANCERY
Not followed, In re Griffith (1904), 1 Ch. 807.
Creditor's Suit. Costs.
[572] swale v. milker. April 9, 1834. [Not followed, In re Griffith [1904], 1 Ch. 807.] Creditor's Suit. Costs. By the decree on further directions, in a creditor's suit, the costs of all parties were directed to be taxed as between solicitor and client, and paid out of a fund in Court. The fund proving insufficient to pay the costs, the Defendants, the heir and administrator of the debtor, petitioned to be paid their costs, in the first instance. But the Court directed the fund to be divided amongst all the parties, in proportion to their costs. This was a creditor's suit against the heir and administrator of the debtor, who had been a trader. By the decree on further directions, it was ordered that the costs of all parties should be taxed as between solicitor and client, and paid out of the sum of'354 three per cents, standing in the name of the Accountant-General in trust in the cause. The costs were taxed accordingly ; the Plaintiffs' at 304, and the Defendants' at 280. The stock was sold and produced 315 only. The Defendants presented a petition stating that the 315 not being sufficient to pay the whole of the costs, the Accountant-General was unable to pay such costs pursuant to the order, and that he could not pay any part of such costs without the further order of the Court; that the Petitioners were advised that they were [573] entitled to have their costs paid out of the 315, in the first instance. The...
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