Williams, Gent., one, Company against Jones, Gent., one other, &
| Jurisdiction | England & Wales |
| Judgment Date | 12 November 1841 |
| Date | 12 November 1841 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 108
IN THE QUEEN'S BENCH
[276] williams, gent., one, &c., against jones, gent., one other, &c. Friday, November 12th, 1841. Assumpsit for work and labour as an attorney. Plea, that, at the time of the accruing of the alleged causes of action, plaintiff was not a solicitor of the Court of Chancery (where the business was done) duly admitted and enrolled according to the statutes, nor qualified or authorised according to law to practise as a solicitor therein. Held a bad plea on special demurrer: 1. Because it did not deny that plaintifl' was duly a solicitor, &c. when the work was done, in which case he was entitled to recover: 2. For duplicity, the defence that plaintiff was not duly qualified or authorised letting in matter of defence beyond tha answer that he was not duly admitted and enrolled. Quaere, whether the defence that plaintiff had not been duly admitted and enrolled was also double? Asaumpsit for the work arid labour, &c., of plaintiff performed by plaintiff for defendant, as the agent of defendant, and upon his retainer and at his request, in and about prosecuting and defending suits at law and in equity for the defendant; and for fees due to plaintiff in that respect, and in and about the drawing and engrossing of deeds, &c. Plea, that the alleged causes of action, and each of them, accrued to plaintiff as and in the character of the said defendant's solicitor, and under colour that the said plaintiff was a solicitor in the High Court of Chancery, in bringing, prosecuting, arid defending clivers actions, suits, and proceedings in equity in the said Court of Chancery, as the solicitor of and for the now defendant; and that, at the time of the accruing of the said alleged causes of action and every part thereof, the said plaintiff was not a solicitor in the said Court of Chancery, duly admitted and enrolled in that behalf, according to the form of the statutes in that case made and provided, nor qualified )or authorised according to law to act or practise as a solicitor therein. Verification. Demurrer, assigning several causes. Those material to the report will appear sufficiently in the argument. Joinder in demurrer. [277J Kelly for the plaintiff. 1. The plea states that plaintiff was not a solicitor at the time when the causes of action accrued. But the question is, whether or not he was a solicitor when the business was done. It does not...
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