Reported Cases On Costs, 1867-1891
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I think the true mode of considering the claim and counterclaim is, that they are wholly independent suits which, for convenience of procedure, are combined in one action. I know that a practice has arisen that if the counterclaim overtops the plaintiff's claim, judgment is entered for the defendant, and costs given accordingly. But I think that the allocatur should only be for the difference of the costs between the respective parties." In those cases, one in the Queen's Bench Division and the... other in the Court of Appeal, the Court, for the purposes of awarding (1) 5 Q. B. Div. 569. (2) 3 Q. B. Div. 32J.
402 Griffiths V. PaltergoMk Appeal. costs, treated claim and counterclaim as being action and cross- ^'** ■ action. It appears to me to be inconsistent with this principle to take up a particular item common to both, as for instance tlie fee for the solicitor's attendance in Court, and say, as we are asked to say here, that this item must be wholly attributed to the claim.
The principle I have referred to treats the parties, plaintiff and defendant, as being both, so to say, promovents, and likewise defendants, and there is no reason why we should then attribute a common item to one of the proceedings exclusively.
What to read after Reported Cases On Costs, 1867-1891?
You can find similar books in the "Read Also" column, or choose other free books by Incorporated Law Society of Ireland. Council to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
I think the true mode of considering the claim and counterclaim is, that they are wholly independent suits which, for convenience of procedure, are combined in one action. I know that a practice has arisen that if the counterclaim overtops the plaintiff's claim, judgment is entered for the defendant, and costs given accordingly. But I think that the allocatur should only be for the difference of the costs between the respective parties." In those cases, one in the Queen's Bench Division and the... other in the Court of Appeal, the Court, for the purposes of awarding (1) 5 Q. B. Div. 569. (2) 3 Q. B. Div. 32J.
402 Griffiths V. PaltergoMk Appeal. costs, treated claim and counterclaim as being action and cross- ^'** ■ action. It appears to me to be inconsistent with this principle to take up a particular item common to both, as for instance tlie fee for the solicitor's attendance in Court, and say, as we are asked to say here, that this item must be wholly attributed to the claim.
The principle I have referred to treats the parties, plaintiff and defendant, as being both, so to say, promovents, and likewise defendants, and there is no reason why we should then attribute a common item to one of the proceedings exclusively.
What to read after Reported Cases On Costs, 1867-1891?
You can find similar books in the "Read Also" column, or choose other free books by Incorporated Law Society of Ireland. Council to read onlineMoreLess
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