The Exchequer Reports, Vol. 1: Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber; Trinity Term, 10 Vict., to Hilary Term, 11 Vict., Both Inclusive (Classic Reprint)
Excerpt from The Exchequer Reports, Vol. 1: Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber; Trinity Term, 10 Vict., To Hilary Term, 11 Vict., Both Inclusive Ou the other hand, if the plaintiff, without serving the defendant, accepts the appearance of an unauthorised attorney for the defendant, he is not wholly free from the imputation of negligence; the law requires him to give notice to the defendant by serving the writ, and he has not done ao. The defendant there is wholly free ...
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Excerpt from The Exchequer Reports, Vol. 1: Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber; Trinity Term, 10 Vict., To Hilary Term, 11 Vict., Both Inclusive Ou the other hand, if the plaintiff, without serving the defendant, accepts the appearance of an unauthorised attorney for the defendant, he is not wholly free from the imputation of negligence; the law requires him to give notice to the defendant by serving the writ, and he has not done ao. The defendant there is wholly free from blame, and the plaintiff not ao; and upon the same principle on which we before proceeded, we must set aside the judgment as irregular, with costs, and leave the plaintiff to recover those costs, and the expense to which he has been put, from the delinquent attorney, by summary proceedings. The case of Hubbart v. Phillips (a) is an authority for such an ap plication. N ow, applying those principles to the present case, it is clear that this judgment is irregular, and the rule must be made absolute for setting it aside. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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All Editions of The Exchequer Reports, Vol. 1: Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber; Trinity Term, 10 Vict., to Hilary Term, 11 Vict., Both Inclusive (Classic Reprint)