swarb.co.uk - law index
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Costs - From: 1800 To: 1849
This page lists 18 cases, and was prepared on 20 May 2019.
Sutton v Drax (1815) 2 Phill 323
1815
Wills and Probate, Costs
1 Citers
Attwood v Small [1827] EngR 853; (1827) 2 Y and J 72; (1827) 148 ER 837 (A)
12 Dec 1827
Costs
Where a great number of exceptions were taken to an answer, and shortly before the argument the defendant submitted to answer them, in consequence of which, it was urged, that the answer was clearly evasive, and that the ordinary costs were greatly inadequate; yet the Court refused to give extra costs but reserved the consideration of them, until the hearing of the cause.
1 Cites
1 Citers
[ Commonlii ]
Costello v Corlett [1828] EngR 375; (1828) 4 Bing 474; (1828) 130 ER 850
5 Feb 1828
Costs
A Defendant, who has been holden to bail in an excessive sum, can only recover his costs under 43 G. 3, c 46, s 8, in the court in which the action is brought ; where, therefore, the action was brought in the Palace Court, and removed into the Common Pleas, the Conimon Pleas refused to order his costs to be taxed.
[ Commonlii ]
Prebble v Boghurst; 6-Aug-1830 - [1830] EngR 783; (1830) 1 Russ and My 744; (1830) 39 ER 285
Collins v Godefroy [1831] EWHC KB J18; [1831] 109 ER 1040; (1831) 1 B and Ad 950
1831
KBD
Lord Tenterden CJ
Litigation Practice, Costs
An attorney, who has attended on subpoena as a witness in a civil suit, cannot maintain an action against the party who subpoenaed him, for compensation for loss of time.
[ Bailii ]
Wm Nedham, Esq v J Simpson, W Taylor, S Taylor, and W Chrystie [1831] UKPC 4
19 Aug 1831
PC
Commonwealth, Costs
Jamaica - Costs given to appellants from the judgments of a colonial court of Error, confirmng, upon a bill of exceptions, the judgments of a Court of Common Law, on the ground that the points of law involved in the appeals had previously been determined, in two previous appeals against the same respondenta, and that they, by not consenting to an amicable compromise, had put the appelIants to unnecessary expense
[ Bailii ]
French v Burton [1832] EngR 114; (1832) 2 Cr and J 634; (1832) 149 ER 267 (A)
1832
Costs
[ Commonlii ]
Thomas Bourke Ricketts v Robert Lewis, William Element, And William Preece [1834] EngR 353; (1834) 8 Bligh NS PC 158; (1834) 5 ER 905
1834
PC
Costs
[ Commonlii ]
Charrington v Meatheringham And Another [1836] EngR 44; (1836) 2 M and W 142; (1836) 150 ER 704 (A)
1836
Costs
[ Commonlii ]
Charrington v Meatheringam And Another [1837] EngR 54; (1837) 2 M and W 228; (1837) 150 ER 740
1837
Costs
[ Commonlii ]
Neale v Neale [1837] EngR 373; (1836-1837) 1 Keen 672; (1837) 48 ER 466 (B)
13 Jan 1837
Costs
Where an estate was sold under a decree of the Court, and one of the conditions of sale was, that the purchaser pay the purchase money into Court on a given day, at his own expense. It was held, that the purchaser was entitled to the costs of a reference as to the title reported good by the Master.
[ Commonlii ]
Mason v Paynter, Esquire [1841] EngR 59; (1841) 1 QB 974; (1841) 113 ER 1406
1841
Landlord and Tenant, Costs
EngR The lessor of the plaintiff in ejectment, having recovered judgment against the casual ejector, obtained a writ of habere facias possessionem, and delivered the warrant to the sheriff's oficer to be executed. The sheriff, having received notice that the landlord intended to apply to set aside the proceedings for irregularity, his officer (did not execute the possession ; and the proceedings were afterwards set aside by a Judge's order, but not for irregularity, the landlord being let in to plead on paymerit of costs, The sheriff had not been ruled to return the writ. The lessor of the plaintiff had incurred expense before the judgment was set aside in endeavouring to get the writ executed; which expense the Master refused to allow on taxation. Held, that the lessor of the plaintiff was entitled to recover this expense in an action against the sheriff for delaying to execute the possession.
[ Commonlii ]
Cassidy v Steuart [1841] EngR 1113; (1841) 3 Man and G 575; (1841) 133 ER 1271 (A)
22 Nov 1841
Costs
[ Commonlii ]
French v Maule [1842] EngR 513; (1842) 4 Man and G 107; (1842) 134 ER 44
30 Apr 1842
Costs
[ Commonlii ]
Lewis v Samuel [1846] EngR 543; (1846) 8 QB 685; (1846) 115 ER 1031
17 Apr 1846
Legal Professions, Costs
Plaintiff, an attorney, undertook a prosecution for perjury on defendant's behalf, and agreed not to charge him full costs, except money out of pocket. He disbursed 105 pounds towards carrying on the proceedings, but, by negligence, preferred a defective indictment, and, in consequence, the prosecution failed. Held that he could not recover against defendant for the disbursements. Defendant, in the course of the proceedings, advanced plaintiff 100 1. for carrying them on ; and he applied it accordingly. Held, that, in an action by plaintiff for professional charges and disbursements, defendant could not set off' the 100 pounds. as money received by plaintiff to his use.
[ Commonlii ]
The Attorney-General v The Ironmongers' Company [1847] EngR 161 (B); (1847) 10 Beav 194
26 Jan 1847
Costs, Charity
A charity scheme was directed. The relator, without the sanction of the Master, advertised and incurred expense in obtaining information. The Court refused to allow the ordinary costs, but, on the ground of its having proved useful to the charity, allowed the money out of pocket bona fide expended.
[ Commonlii ]
Couling v Coxe (1848) 6 Dow and L 399
1848
Litigation Practice, Costs
A plaintiff in a civil action who has issued a witness summons or subpoena to a witness to attend may have an action against a witness who fails to attend, but the damages recoverable were limited to the costs of an abortive hearing when the Plaintiff was non-suited.
1 Citers
Harris v Hamlyn [1849] EngR 725 (A); (1849) 3 De G and Sm 470
12 Jun 1849
Costs
Where the solicitor to the Suitors' Fund has been appointed to act, and acts as guardian for infant defendants in a foreclosure suit, at the request of the Plaintiff, under the 28th Order of October 1842, the Court upon making a decee of foreclosure will direct the Plaintiff to pay the guardian's costs, and to add them to his own, even where tbe security is inadequate.
[ Commonlii ]