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Home > Art, Film & Photography > The Law Reports Volume 31; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection
The Law Reports Volume 31; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection

The Law Reports Volume 31; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection


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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. 1886 Excerpt: ...say that he was satisfied that the right to discovery depended on the determination of any issue or question in dispute in the cause. The discovery is wanted for the determination of the issue in the action. Nor could it be said that for any other reason it was desirable that the issue in dispute should be determined before deciding upon the right to discovery. Therefore I do not think that rule 20 applies, and if the Judge was exercising any discretion I think he applied the rule wrongly. But I do not believe that Mr. Justice Chitty intended to decide the case as a matter of discretion under rule 20. Then arises the question on which Lord Justice Cotton and Lord Justice Fry are not entirely at one, and I am, therefore, obliged to state my own view. I do not think it necessary to say anything in order to shew that the old rule of pleading is a good rule--that, in order to open a settled account, specific errors in the account must be stated. In the case of Parki7ison v. Hanbury (1), Lord Cranworth added to what Lord Westbury said: "I think without wishing to hold parties strictly or technically to the rule, the substance of it ought always regularly and rigidly to be insisted upon." Without expressing any opinion which of the two learned Lords stated the rule more accurately, I think rule 6 of Order xix. is only a rule of pleading, and I believe that this has been so decided by the Court of Appeal. Though the omission of one party to comply with the rule gives a right to the opposite party to complain, yet it is an error in pleading and nothing more, and I should be prepared so to decide, if the point had not already been decided. Ought, then, the generality of an (1) Law Rep. 2 H. L. 1, 12. allegation of fraud to be a bar to the right to discover...


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Product Details
  • ISBN-13: 9781235922732
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 288
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1235922731
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 517 gr


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