Pemberton v Topham: 15 Nov 1838

Commonlii In a creditor’s suit instituted by the Plaintiff on behalf of himself and all other creditors, the Defendant is entitled on motion, at any time before decree, to have the bill dismissed, on payment of the demand of the Plaintiff and his costs as between party and party; but if there be other defendants their costs must also be paid.

Citations:

[1838] EngR 936, (1838) 1 Beav 316, (1838) 48 ER 962

Links:

Commonlii

Insolvency

Updated: 05 May 2022; Ref: scu.312942