This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 Excerpt: ...the action. A compromise made by counsel affecting collateral matters will not bind the client unless he expressly assents (e). (a) See Lynch v. Cowell (1865), 12 L. T. N.S. 548. (6) See Eden v. Naith (1878), 7 Ch. D. 781; Alliance Pure White Lead Syndicate v. Maclvor't Patents (1891), 7 Times L. R. 599. (c) Per Lord ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 Excerpt: ...the action. A compromise made by counsel affecting collateral matters will not bind the client unless he expressly assents (e). (a) See Lynch v. Cowell (1865), 12 L. T. N.S. 548. (6) See Eden v. Naith (1878), 7 Ch. D. 781; Alliance Pure White Lead Syndicate v. Maclvor't Patents (1891), 7 Times L. R. 599. (c) Per Lord Halsbury, L.O., Neale v. Gordon-Lennox, at p. 469. (d) See Emeris v. Woodward (1889), 43 Ch. D. 185. (e) Swinfen v. Swinfen (1857), 1 C. B. N.S. 364; 26 L. J. C. P. 97; Swinfen v. Lord Chelmsford (1860), 29 L. J. Exch. 382; Ellender v. Wood (1888), 32 Sol. Jo. 628; Kempshall v. Holland (1895), 14 R. 336; Thomas v. Btwes (1834), 2 C. & M. 519. The law relating to this subject was much discussed in a series of cases which arose out of the suit of Swinfen v. Swinfen (a). In that suit an issue had been directed by the Master of the Bolls, to try the validity of a will by which an estate was devised to the plaintiff, Mrs. Swinfen. The trial of the issue came on at Stafford Assizes. After the close of the first day the plaintiff's counsel suggested a compromise to her but she refused to agree; subsequently the plaintiff's counsel, in the presence of her solicitor but in the absence of the plaintiff herself, and without any express authority from her, agreed to a compromise on the terms, that a juror should be withdrawn, the estate should be conveyed by the plaintiff to the defendant in fee free of incumbrances created since the death of the testator and that the defendant should secure to the plaintiff an annuity. These terms were embodied in an order of nisi prius which was made a rule of court. On the plaintiff not complying with the terms of the order, two applications were made to the Court of Common Pleas to attach the plaintiff for contempt...
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