Williams v Douglas
| Jurisdiction | England & Wales |
| Judgment Date | 26 April 1842 |
| Date | 26 April 1842 |
| Court | High Court of Chancery |
English Reports Citation: 49 E.R. 508
ROLLS COURT
508 WILLIAMS V. DOUGLAS 5 BBAV. 82. [82] williams v. douglas. April 19, 21, 26, 1842. A stranger to a cause cannot, as of course, except to and refer a pleading alleged to be scandalous as to him, and impertinent as between the parties, but he may be authorised so to do upon making a special application to the Court. A. R. S., a solicitor, who was not a party to the cause, conceiving the Plaintiff's bill, and an affidavit in support thereof, to be scandalous and impertinent, took exceptions in writing thereto, which were signed by council, and were delivered to the Plaintiffs clerk in Court. He then applied for an order of course, referring the exceptions to the Master ; but the officer of the Court, entertaining a doubt as to the regularity, declined drawing it up without the directions of the Court. Mr. Elderton now applied to the Court to have the order drawn up, and having referred to several of the authorities after stated, the master of THE rolls [Lord Langdale] said, as the order of reference must be obtained within six days from the filing the exceptions (Ord. Can. 7), it had better be now made, to enable [83] the parties to discuss its regularity. The applicant must undertake not to act on the order until Thursday next, and give immediate notice thereof to the Plaintiff, who must have liberty to move the Court on that day, without notice (Reg. Lib. 1841, B. fol. 628), to discharge the order. April 21. Mr. George Turner, on behalf of the Plaintiff, now moved to discharge the order referring the exceptions. Mr. Pemberton and Mr. Elderton, conlra. Mr. Turner, in reply. The following authorities were referred to : 1 Daniels Pr. 460, Lord Bacon's Order (Beames, 25), Lord Clarendon's Order (Ibid. 165-7), Abergavenny v. Abergavenny (2 P. Wms. 312), Bishop v. Willis (1), Fdl v. Christ's College. (2 Bro. C. C. 279), Coffin v. Cooper (6 Ves. 514), Ex parte. Simpson (15 Ves. 476), Erskine v. Garthshore (18 Ves. 114), Anonymous (4 Mad. 252), which appears from the Reg. Lib. to have been a case of Porter v. Evors, Ex parte Morgan, and [84] came on upon the 4th and 8th of April 1818, so that the Vice-Chancellor seemed to have had the opportunity of communicating with Lord Eldon in the interval. the master of the rolls [Lord Langdale]. I will take time to consider this case. It is a matter of serious consideration, whether it can be possible for a party to introduce on the record...
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Kennedy v Hilliard (1859)
...C. B. 126. Brook v. MontagueENR Cro. Jac. 90. Hodgson v. ScarlettENR 1 B. & Ald. 232. Anonymous caseUNK 4 Mad. 252. Williams v. DouglasENR 5 beav. 82. Hodgson v. ScarlettENR 1 B. & Ald. 247. Flint v. PikeENR 1 B. & C. 473. COMMON LAW REPORTS. 195 evidence, tending, however (differing in tha......
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