The St. Helen's Smelting Company Ltd v William Whitacre Tipping
Jurisdiction | England & Wales |
Judgment Date | 05 July 1865 |
Judgment citation (vLex) | [1865] UKHL J0705-1 |
Court | House of Lords |
Date | 05 July 1865 |
[1865] UKHL J0705-1
House of Lords
After hearing Counsel for the Appellants, as well on Friday the 30th Day of June last as this Day, upon an Appeal wherein the Saint Helen's Smelting Company (Limited) are Appellauts, and William Whitacre Tipping is Respondent; complaining (upon a Case stated by the said Parties, pursuant to the Provisions of "The Common Law Procedure Act, 17th and 18th Victoria, Cap. 125.") of a Judgment of the Court of Exchequer Chamber, of the 26th of November 1864, affirming a Judgment of the Court of Queen's Bench, of the 6th of November 1863, refusing to grant a Rule calling upon the Plaintiff below (the present Respondent) to show Cause why the Verdict found for the said Plaintiff (Respondent) should not be set aside, and a new Trial granted, but giving the Defendants below (the present Appellants) Leave to appeal; and praying their Lordships to reverse, alter, or vary the said Judgment of the Court of Exchequer Chamber, and to give such Judgment in the Premises as to their Lordships great Wisdom might seem meet; and Counsel appearing for the Respondent in the said Appeal, the Counsel were directed to withdraw; and the Judges, who were ordered to attend, having delivered their unanimous Opinion upon a Question of Law to them proposed; and due Consideration had of what was offered for the Appellants:
Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Judgment of the Court of Exchequer Chamber, of the 26th of November 1864, affirming the said Judgment of the Court of Queen's Bench, of the 6th of November 1863, refusing to grant a Rule as herein-before mentioned, be, and the same is hereby Affirmed, and that the said Appeal be, and the same is hereby dismissed this House: And it is also further Ordered, That the said Appellants the ...
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