The Earl of Macclesfield v Bradley
| Jurisdiction | England & Wales |
| Judgment Date | 01 February 1841 |
| Date | 01 February 1841 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 893
EXCH. OF PLEAS.
S. C. 9 Dowl. P. C. 312; 10 L. J. Ex. 182.
[670] the earl of macclesfield v. bradley. Exch. of Pleas. Feb. 1, 1841.- Where the defendant had a verdict on one of two issues in a cause, and the plaintiff on the other issue, and the defendant obtained a rule for a new trial on the latter issue, on the ground of misdirection, whereupon the plaintiff discontinued : -Held, that the defendant was not entitled to the costs of the trial.-Where a new trial is obtained ex clebito justitia;, on one of several issues, the ride for a new trial reopens the whole record. [S. C. 9 Dowl. P. C. 312; 10 L. J. Ex. 182.] Assumpsit on a bill of exchange, with a count on an account stated. Plea to the first count, denying the acceptance of the bill; to the second, nori assumpsit. At the trial, a verdict was found for the defendant on the first issue, and for the plaintiff on the last. The defendant afterwards obtained a rule to set aside the verdict for the plaintiff on the latter issue, and for a new trial, on the ground of misdirection in the Judge ; which having been made absolute, Hobinson, for the plaintiff, obtained a rule nisi to discontinue without costs: against which Jervis now shewed cause. The only question is, whether the defendant is entitled to receive the costs of the trial1? Jolliffe, v. Mundy (4 M. & W. 502) appears to be an authority for the plaintiff, but it is distinguishable. There the new trial was granted on the whole record. Here the defendant succeeded at the trial as to a part of the record, and has at all events a right to the costs of the issue on which he obtained a verdict. [Parke, B...
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