108 Superior Courts: Exchequer.-Legal Obituary. DEBT for work and labour as an attorney of Hill v. Humphreys, 2 B. & P. 343, which is and solicitor. Plea, that no signed bill was much more to the purpose; there it was held delivered or sent to the defendant, as required that if an attorney introduces into his bill items by the statute (6 & 7 Vict. c. 73, s. 37.) Re- not within the 2 Geo. 2, c. 23, and fail, because plication, that a signed bill was delivered upon it was not properly delivered according to that which issue was joined. At the trial, before statute, he must fail altogether, and cannot rePlatt, B., it appeared that a bill was delivered, cover for such items only. When a bill is depart of which was stated to be for business livered under the 6 & 7 Vic. c. 73, the whole done in a suit in Chancery, which was headed of it must be taxed; and if it contain charges by mistake "Churchill ats. Marks," instead of for business done in chancery, and also at "Marks ats. Churchill." The other part of common law, and does not state in what court the bill related to a suit between the defendant of common law the business was done, it is the and one Erskine, but it did not appear in what same as no bill at all. I think this is not court the business was done, except that some such a bill as another attorney could fairly of the items, such as charges for summonses advise the defendant as to the propriety of for time to plead, attending judges' clerks, &c., having it taxed. showed that it must have been in one of the superior courts of common law. It was objected, on the part of the defendant, that there was no sufficient delivery of a signed bill, as required by the statute. The learned judge directed a verdict for the plaintiff, reserving leave for the defendant to move to enter a nonsuit. A rule nisi having been obtained, Farrer showed cause. The bill clearly shows that part of the business was done in the Court of Chancery. The reversal of the names of the plaintiff and defendant was a mere clerical error, by which the defendant could not have been misled. Therefore, at all events, the plaintiff is entitled to recover for this portion of the bill. Walter v. Lacy, 1 Man. & G. 54; Drew v. Clifford, Ry. & Moo. 280. Under the 42nd section of the 6 & 7 Vict. c. 73, the defendant might have laid the whole bill before the taxing officer of the Court of Chancery, who is empowered by that section to request an officer of the common law courts to assist him in taxing it. With respect to the other portion of the bill, the charges themselves clearly show that they are for business done in one of the superior courts of common law. All that is required by the statute is, that the bill should give substantial information of the court in which the business is done. Engleheart v. Moore, 4 Dow & L. 60. (Parke, B. referred to Lewis v. Primrose, 6 Q. B. Rep. 265; and Martindale v. Faulkner, 2 Com. B. Rep. 706.) Peacock, in support of the rule, (being directed by the court to confine himself to the point as to the plaintiff's right to recover for the business done in Chancery,) argued that this was different from the case of two separate bills. Here the items were so blended together, that the defendant could not tell whether he might with safety proceed to tax the amount, for unless one-sixth of the whole was taken off, he would have to pay the costs of the taxation. Pollock C. B. The rule must be absolute. The case of Walter v. Lacy occurred before the 6 & 7 Vic. c. 73, which renders every part of an attorney's bill liable to taxation; so that the distinction between those parts of the bill which are taxable and those which are not no longer exists. With respect to Drew v. Clifford, the point was reserved by the judge at nisi prius ; but no motion was ever made. There is a case Parke, Rolfe, and Platt, Bs, concurred. LEGAL OBITUARY. 1847, April 7.-William Brookman Violett, of Banwell, near Cross, Somersetshire, Solicitor. Aged 24. April 9.-John Allison, of Huddersfield, Solicitor. Aged 70. April 14.-John Curwood, Barrister-at-Law; called to the bar 1796. April 15.-Charles Dodd of Billiter Street, Inner Temple, Barrister-at-Law. Aged 73. April 17.-H. Scott of Hull, Solicitor. April 17.-Henry Kensit of Bedford Row. Aged 80. April 19. At Madeira, John Boscawen Monro, Esq., of the Middle Temple, Barristerat-Law; called to the bar Trinity Term, 1817. Master of the Crown Office. Aged 41. May 12.-William Eastwood, of Todmorden, May 13.-George Suttell Wilson, M. A., Barrister-at-Law, of Gray's Inn, aged 48; called to the bar Michaelmas Term, 1831. Fields, Solicitor. Aged 63. May 15.-J. Edwards, of Plas Llanddausaint, May 16.-Charles Attwaters, of Queen Street, Cheapside, Solicitor, aged 41. May 19.-John M'Dowall, of the Inner Temple, Barrister-at-Law; called to the bar 29th Jan., 1841. May 21.-David William Crammond, of 7, New Inn, Strand, Solicitor. v. Grainger S.O. Webb v. Webb. Byrn v. Hay. Herring v. Hay. Hiles v. Moore Same v. Gleadow Same v. Moore Carpenter v. Bott, exons. Edwards v. Priestly, fur. dirs. and costs. Steward v. Forbes. Tinslay v. Genese. Bourne v. Dufaur, fur. dirs. & costs and petn. Jarvis v. Bullas. Paynton . Kingdon, 3 causes. Williams v. Jones, 2 causes. Robinson v. Smith, fur. dirs. and costs. ditto. Cochran v. Fearon, exons. Dickinson v. Callbeck. Bowers v. Thorne, fur. dirs, and costs. Short, Dehany v. Scott, Fagge v. Fagge, ditto. Dallimore v. Ogilvie, fur. dirs. and petition. Anning v. Hurley, fur. dirs. and costs. Morrison v. Hoppe } Ditto v. King ditto. Rand . M'Mahon, exons. and fur. dirs. Bonsfield. Mould, 2 causes pt.hd. S. O. G., Teed v. Carruthers, 5 causes, fur. dirs. 22nd May, Arrow v. Mellersh. Barker v. Birch, Same v. Same, Wills v. Same. 22nd May, Sagar v. Petty. 22nd May, Rees v. Williams. Smith v. Smith. Scholfield v. Bourdieu. Indigent Blind School v. Bird, fur. dirs, and costs. Heming v. Archer, 5 causes, ditto. Kendall v. Davies. Ricketts v. Bell. Lester v. Archdale. Pettigrove v. Rogers, 3 causes. Wool v. Townley. Darby v. Browning. Wood v. Hardisty, exons. Smith v. Whitmore. Davies v. Currie, exons. and fur. dirs. Llewellyn v. Morgan. Vinkers v. Oliver, fur. dirs. and costs. Jefferson v. Ford. Clive v. Beaumont. Swaffield v. Orton. Campbell v. Underwood. Hewett v. Snare, fur. dirs. and costs.. Chambers v. Harman, ditto. Aitken v. Haram, ditto. Ditto v. Ditto. Hicks v. Graham. Attorney-General v. Ward. Shipton v. Rawlins. Ditto v. Deal. 28th Chapman v. Plumbly, Smart v. Smart. Steedman v. Poole Ditto v. Cole. Fraser v. Spencer, 2 causes. 22nd May, Laycock v. Johnson, fur. dirs. and costs. Chancery Cause Lists.-Common Law Cause List. Chappell v. Rees, at request of defendant. Seward v. Clark. Dowle v. Lucy, fur. dirs. and costs. 28th May, Topham v. Lightbody, exons. 26th May, Walker v. Holloway. Rickards v. Stuckley. Clarke v. Melville. Ditto v. Rickards. Adams v. Dunn. Peed v. Gee. Remanet Paper of Trinity Term, 1847. To 1st day.-Gardner and others v. Dickson and another. To 2nd day. Doe dem Harrison v. Hampson. To 6th day.--In the matter of the arbitration of Bates and others. New Trials of Michaelmas Term, 1846. Middlesex.-Elderton v. Emmens, Secretary, &c. (6th May, partly heard.) Middlesex.-Shaw and others v. Clarkson. London.-Brown v. De Winton. London.-Hartley v. Cummings and another. London.-Hartley and another . Cummings and 111 Pope. London.-Beaumont v. Brengeri. London.-Brown v. Chapman. London.-Baker v. Sayer. London.-Adlington v. West. New Trials of Easter Term last. Middlesex. Morgan and another, ex. v. Earl of Abergavenny. Middlesex.-Thompson v. Stocken. Middlesex,-Goddard v. Dobson and another. Middlesex. Finney v. Tootell. Middlesex.-Murray and others v. Hall. London. Humphreys v. Shuttleworth. London Green v. Morson and another. London.-Hopwood v. Thorn. London.-Ingram v. Symons. London-Barker v. Griffiths. London.-Perry v. Parr. London.-Lindus v. Bradwell. London-Blackie v. Pidding. Surrey.-Eyre v. Scovell and others. Denbigh.-Beech v. Jones. Chester.-Chaddock v. Wilbraham and another. Chester.-Worthington v. Warrington. Gloucester.-M'Leod v. Reynolds. Salop.-Doe (Bather) v. Brayne and another. Somerset.-Card v. Case. Norfolk.-Garrard v. Tuck (in dower.) Suffolk.-Thorpe v. Barber and another. Brecon,-Griffiths v. Powell. Liverpool.-Howden v. Standish, Esq. Applications for New Trials suspended. 112 Professional Insts.-Proceedings in Parliament.-Editor's Letter Box. Cocks . Purday. PROCEEDINGS IN PARLIAMENT RE LATING TO THE LAW. House of Lords. NEW BILLS IN PROGRESS. Consolidation and Amendment of the Law of Bankruptcy. For 2nd reading. The Lord Chancellor. Debtor and Creditor. For 2nd reading. The Lord Chancellor. Repeal of Insolvency Jurisdiction of Courts Pilbrow. Pilbrow's Atmospheric Railway and of Bankruptcy, Abolishing Court of Review, Canal Propulsion Company. Harris. Marten, sued, &c. From April 20th to May 21st, 1847, both inclusive, with dates when gazetted. Briggs, Jeremiah, & William Sculthorpe, Horsefairstreet, Leicester, Attorneys and Solicitors. May 18. Gee, William, John Dobede Taylor, and Joseph Boston, Attorneys and Solicitors. May 11. Oldaker, Edmund Wells, Francis Dovey Woodward, and Edwin Ball, Pershore, Attorneys and Solicitors. May 7. Roy, Richard, Joseph Blunt, junior, and David Graham Johnstone, so far as regards the said D. G. Johnstone, Lothbury, Solicitors and Attorneys. May 4. Ryley, Edward. Charles, and Stanley Harris, Chipping Barnet, Attorneys and Solicitors. April 23. Sudlow, John James Joseph, the elder, John James Joseph Sudlow, the younger, Alfred Sudlow, and John Smale Torr, so far as regards the said Alfred Sudlow, 20 Chancery-lane, Attorneys and Solicitors. May 18. and Reducing Number of Commissioners. (No. 2.) In Select Committee. Lord Brougham. House of Commons. NEW BILLS IN PROGRESS. City Small Debts Court. In Committee. Mr. Masterman. Law of Railways. For 2nd reading. Mr. Strutt. For the Speedy Trial and Punishment of Juvenile Offenders. In Committee. Sir John Pakington. Lunatic Asylums Regulation. Att.-General, Inclosure Act Amendment. Sir F. Thesiger. Health of Towns. For 2nd reading. Lord Morpeth. Towns Improvement Clauses. For 2nd reading. Taxation of Costs on Private Bills. For 2nd reading. Mr. Hume. Registration of Voters. For 2nd reading. Mr. Walpole. Highways. In Select Com. Sir Geo. Grey. Administration of the Poor Laws. For 2nd reading. Sir Geo. Grey. Copyhold Commission Continuance. THE EDITOR'S LETTER BOX. The communication of a correspondent at Leeds relating to the defects in "The Commercial and General Lawyer" shall be attended to. Bearing the date of 1846, the work ought at least to notice the alterations made by the statutes of 1845. We fear we cannot undertake the responsibility of advising on questions such as those stated by "Veritas," and doubt whether the practice would be justifiable towards the bar. |