Vendall et Al v Harvey
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1632 |
| Date | 01 January 1632 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 779
LORD COVENTRY.
NELSON, 19. VEND ALL V. HARVEY 779 [19] vendall & al. versus harvey. Lord Coventry, 8 Car. 1 [1632-33]. On the same Day in which the PlaintiS's Cause was to be heard, his Counsel, as they were going to the Bar, were served with an Injunction out of the Exchequer, and the Court being acquainted therewith, the Defendant was ordered to attend, who was so far from denying the Service of the Injunction, that he owned it was done by his Direction. Thereupon the Court appointed two Orders made by the Lord Chancellor Ellesmere to be read, by which it appeared, that an Officer of the Custom-house being served with a Subpoena to answer a Bill, he refused, and procured an Injunction out of the Exchequer to stay the Suit; but it was ordered, that the Plaintiff should and might proceed in the Suit, notwithstanding such Injunction, and the Party was committed for serving the same, the Court taking it to be a great Derogation to their Authority : And therefore the Court asked the Defendant, If he would waive his Injunction, and proceed in the Cause 1 To which he answered, That he desired Counsel might be assigned to him : Which was done [20] accordingly, and another Day was appointed for Counsel to be heard on both Sides ; at which Day the Defendant insisted, that it was not in his Power to waive the Injunction, and thereupon the Court examined him on Interrogatories, how it was that he had not Power in his own Suit, he coming in on a Contempt, and ordered the Plaintiff's Counsel to open the Cause ; which was done : And the Defendant still insisting in the Injunction, the Court decreed, That they would not suffer it; for if it was pretended that the Defendant being a Ee-ceiver, ought to be sued in his proper Court, and not elsewhere, that had been overruled by many Precedents upon great Deliberation in the time of Sir Nicholas Bacon, Sir Thomas Bromley, the Lord Ellesmere, and other Chancellors and Keepers of the Great Seal: And in the present Lord Keeper Coventry's time, one Clerke was ruled to answer after he had pleaded the Privilege of the Exchequer, and did answer accordingly ; and this Order was made upon Conference with Sir John Walter Chief Baron, and the rest of the Barons of the Exchequer : And the Court declared, That if the Privilege of the Exchequer was to be allowed where the Suit was against an Accomptant only, yet [21] there was no Colour of allowing it where the Suit...
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