A Selection of Leading Cases in Equity With Notes volume 2
A Selection of Leading Cases in Equity With Notes volume 2
Frederick Thomas White
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463 on the subject, that there might be cases in which the Court, in the exercise of its discretion, would follow the old practice. Simpson V. Ritchie, 16 L. B. Eq. 103 ; Similar orders as to costs were made in Oshorn v. Oshorn, 6 L. R. Eq. 338 ; Miller v. Mar- riott, 7 L. R. Eq. 1 ; Leach V. Westall, 17 W. R. 313. It is true that Lord Selhoriie, in a for- mer case {Wilkinson y. Joherns, 16 L. R. Eq. 14), ordered that there should be no costs up to and in- cluding the hearing ; but in making su...ch order as to costs, his Lordship expressly states that he did so, "looking at all the circumstances of the case in the exercise of his discretion, under the Act. " It has, moreover, been laid down as a general rule that the entire costs of a partition suit should be borne by the parties in proportion to theii" interests, as declared by the decree, except where there are any special circumstances arising from the conduct of any of the parties, which may lead the Comi; to apportion the costs otherwise.
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