The Victorian Reports Vol 2 PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... obtaining these instructions, amounting to at least 20 hours, 6t. 13s. 4-ti" The information that was gathered by this labour was information necessary to get for the proper answer to interrogatories which had been put to the plaintiff. Now, supposing he had appeared by another solicitor, that solicitor could not have answered the questions without going to the client, at any rate as to most of the information. It is also a class of thing as to which the plaintiff would be the proper person and critic as to the information appropriate to the answers. The solicitor would have asked the client to get the information for him. So when the litigant solicitor appears for himself he does this work, not as solicitor, but as client, and therefore we think this item should be disallowed. (His Honor then dealt with certain other items which involved charges for work rendered necessary by the plaintiff's own insufiicient answers and affidavits in the first instance, and it was held that it would be unfair to make the defendant pay for amendments made owing to the mistakes Of the plaintiff. ' These items were disallowed.) HODGES, J. I desire to say that upon reason only, and apart from authorities, I should have thought that an attorney conducting his own litigation was precisely in the same position as any other citizen conducting litigation, neither better nor worse. But the English authorities make it clear that the attorney is in some respects in a better position in conducting his own litigation than the ordinary citizen, and we are bound to yield to those authorities. Order accordingly. Solicitors for the appellant: Marshall Lyle. Solicitors for the respondent: Williams (ft Matthews. Vendor and purchaser--Contract for nale of land-Payment...