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Vandertegen and Another v Witham

Nominate Series English Reports Cited authorities 1 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1840
Date01 January 1840
CourtExchequer

English Reports Citation: 151 E.R. 491

EXCH. OF PLEAS.

Vandertegen and Another
and
Witham

S. C. 8 Dowl. P. C. 369; 9 L. J. Ex. 174; 4 Jur. 367.

457] vanderstkgen and anothkb v. witham. Exch. of Pleas. 1840.-Where the trustees of a lady, who had authorized the defendant to receive her rents, countermanded his authority, and brought an action to recover the money received by the defendant under that authority :-Held, that the Court had no power to order the proceedings in the action to be stayed, in order to give time to the defendant to obtain an injunction to restrain the action. [S. C. 8 Dowl. P. C. 3G9 ; 9 L. J. Ex. 174; 4 Jur. 3(37.] W. H, Watson applied for a rule to shew cause why the proceedings in this action should riot be stayed, in order to enable the defendant to apply for an injunction to restrain the plaintiff's from proceeding in the action. It appeared from the affidavits, that the defendant was the attorney of a Mrs. Vaughari, and had been authorized by her to receive certain rents and money for her; but that the plaintiff's, who were her trustees, had countermanded his authority, and brought this action to recover the money which he had so received. A bill in equity had been filed by the defendant against the plaintiffs, to obtain the injunction; arid the affidavits stated, that he was advised and believed he had sufficient grounds {or obtaining it, but that, by the practice of the Court, it could not be obtained until the lapse of about sixteen days. Watson referred to, and relied upon, a note at the conclusion of the case of Best v. Thorowgood,(a) which is as follows:-"A stay of the postea was afterwards obtained, until answer put in by the plaintiff to a bill in equity filed against him by the defendant." parke, B. It is impossible for us to interfere, and to stop the -plaintiffs from proceeding in their action, which, upon the facts stated, they are entitled to bring. If the defendant has any equity, he must apply to the proper Court to restrain the plaintiffs from proceeding with the...

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