Carlisle Patriot 18 May 1844 Legal Intelligence - Assorted

Legal Intelligence - Assorted

Carlisle Patriot - 18 May 1844

By the recent statute, 6 and 7 Vict., cap. 73, attorneys' bills for conveyancing business are declared subject to taxation, the same as bills for other professional business, and must be delivered a month before an action can be brought for recovery of the amount. HARRISON v. TEATHER. - It will be in the recollection of our readers that this was an action brought by Mr. HARRISON, the high constable of the East Ward of Westmorland, against the Carlisle and Cumberland Joint Stock Bank, and was tried at the last Assizes at Appleby, when a verdict was returned for the plaintiff - Messrs. KNOWLES, Q.C., and ATKINSON for the plaintiff, and Messrs. GREIG and RAMSHAY for the defendants. At the beginning of the Easter term a rule for a new trial was moved for in the Court of Exchequer, but the court, after time taken to consider the case, and to consult Mr. Justice COLTMAN's notes, a few days ago refused the rule. The case, which has excited no little interest throughout the two counties, is, therefore, finally determined in favour of Mr. HARRISON against the bank. It is worthy of remark, that this was the first case under Lord DENMAN's act, 6 and 7 Vic., c. 85, by which a convict can be examined as a witness, John ATKINSON, late manager of the banking company at Appleby, having been removed from the Justitia convict ship at Woolwich by habeas corpus for that purpose. A cross action, we believe, is still pending between the same parties, and will, unless previously settled, be disposed of at the next Carlisle assizes, where the venue is laid. SATISFACTION OF JUDGMENTS. - A new order of the common law courts as respects "satisfaction of judgments," says, "that for the future it shall not be necessary to have a warrant of attorney to acknowledge satisfaction of judgment, or a judge's fiat thereon; but it shall be requisite only to produce a satisfaction-piece, similar to that in use in the Court of Queen's Bench, except that in all cases such satisfaction-piece shall be signed by the plaintiff or plaintiffs, or their personal representatives, and such signature or signatures shall either be witnessed by a practising attorney of one of the courts of Westminster, expressly named by him or them, and attending at his or their request, to inform him or them of the nature and effect of such satisfaction-piece before the same is signed, and which attorney shall declare himself, in the attestation thereto, to the attorney for the person or persons so signing the same, and state he is witness as such attorney; but any judge at chambers shall have power to make an order dispensing with such signature of the plaintiff or plaintiffs, or their personal representatives, under special circumstances, as he may think right; and that in cases where the satisfaction-piece is signed by the personal representative of a deceased plaintiff, he shall prove his representative character in such way as the master may direct. - Signed by all the common law judges.

 

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