Reports of Cases Argued and Determined in the Court of Common Pleas, Vol. 2

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Excerpt from Reports of Cases Argued and Determined in the Court of Common Pleas, Vol. 2: With a Table of the Names of Cases and Digest of the Principal Matters, From Easter Term, Sixth Will. IV. 1836, to Michaelmas Term, Seventh Will. IV. 1836, Both InclusiveThe plaintiff ought not to have trusted to a countermand of the writ by the defendants. But to have obtained it for himself by his own diligence. It appears that the plainti¿' has been the occasion of all the inconvenience which he has su¿'ered. For having made it necessary, in the first place, by his neglect to pay a just debt, that the writ should be sued out, he did not prevent its consequences, by taking the countermand into his own hands. Nor could the defendant have been entitled to bring an action to recover damages, sustained by reason of the arrest. Gibson v. Charters, (b), Page v. 751114: (c), Silver ides v Bomb-y (d).Romper, Serjt., in support of the rule - The cases cited are not in point with the present, for they were decided as between the plaintiff and defendant in the action. Here, in consequence of the negligence of the attorney, in not countermanding the writ, his client has been compelled to pay a sum of money. By the judge's order, the proceedings were stayed, and it was the duty of the plaintifs attorney to take care that the order was not disobeyed.Tindal. C. J. - We must see that there has been some gross negligence on the part of the attorney, to induce us to interfere in this summary manner. If any doubt exists on this point, the plaintifi' must bring the question before a jury. We think there is no such clear evidence of negligence in this case.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis 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.