stantial wrong or miscarriage has been occasioned as to
trial of an action, or as to part of the matter, a new trial
as to the whole or such part may he granted on the
ground of misdirection (j ), or improper admission or
rejection of evidence (/»), hut not on the ground of pre-
mature admission of evidence provided it has afterwards
become actually admissible (I), nor of the discovery of
new evidence unless it be nearly or quite conclusive (in),
nor where, in a trial by a Judge without a Jury, the
plaintiff considers that the Judge has misdirected himself
or found against the weight of evidence («). But where
substantial miscarriage is alleged, the burden is on the
other side to disprove it (o). A new trial may be ordered
on any question in an action without interfering with the
finding as to any other question (p). l>ut whether as to
one defendant without disturbing the verdict as to another
quoere (q). The Older to show cause shall be a stay of
proceedings, unless the Court otherwise order (/•), and a
copy shall be served within four days (a).
79. In all cases not specially provided for by the Act
or Rules, judgment is obtained by motion for judgment (t).
But such motion is not necessary where by the Act or
(i o. XXXIX. r. la., March 1879.
i j Jenkins v. Morris, 11 Ch. D. 071. See Phillips v. South Western
/:„,i,n,„ Co., •"- < t > B. I>. 78.
(/.•) o. XXXIX. r. 3.
Faund v. Wallace, 35 L. T. 361.
(wi) Anderson \. Tiimas, 'â– '>''> J.. 'I'. 711.
[n Potter v. Cotton, ~> Ex. D, L37 ; PanneU v. Nunn, W. N. 1880, 148.
. Anthony r. ffalstead, 'â– '>! L. T. 133.
XXXIX. r. 4.
[q) Pitrnell v. Qreat Western Railway Co. d- I/arris, 1 Q. B. D. 636.
0. XXXIX. r. 5.
i 1 1... r. 2.
( O. XL. r. 1.
NEW TRIAL. — MOTION FOR JUDGMENT. 05
Rules it may be obtained in any other manner as, e.g.
where the writ was specially indorsed, and the. defendant
has not obtained leave to defend (u) ; where the defendant
not being an infant or person of unsound mind has failed
to appear, and the plaintiff has filed an affidavit of service
or notice (r) ; in certain cases where the opposite party has
made default in pleading (ir) ; where at or after the trial
the Judge has directed judgment to be entered (x) ; in
certain cases as to costs alone (y) ; where a cause has
been ordered to be tried in the County Court (z) ; and
sevible, where an arbitrator (not being a Referee) has made
an award final and conclusive on the parties to an
action (a).
80. A. Where judgment has been directed to be
entered simply, any party may apply to the Court of
Appeal by fourteen days' notice (b) to set it aside on the
ground (1) after trial by a Jury, that the Judge has caused
the finding to be wrongly entered with reference to the
rinding of the Jury ; or (2) after trial by a Judge, that,
upon the finding entered, the judgment is wrong (c).
B. Where judgment has been directed to be entered
subject to leave to move, the party to whom leave is
reserved shall set down the action on motion for judgment,
and give notice within the time limited (if any), or within
ten days, stating (i.) the grounds of motion, (ii.) the relief
sought, (iii.) that the motion is pursuant to leave
reserved (</).
C. "Where judgment has not been directed by a Judge
or Referee to be entered, the plaintiff may set down the
action, and give notice within ten days ; in default of his
so doing, the defendant may (e).
D. \Vhere a Uej'eree has directed judgment to be entered.
(«) 0. XIV. r. 1.
(v) O. XIII. rr. 1, 2.
(w) 0. XXIX. rr. 2— S, 13.
(x) 0. XXX VI. r. 22.
(y) 0. XXX. r. 4.
(z) Scutt v. Freeman, 2 Q. B. D. 177.
(a) Lloyd v. Lexis, 2 Ex. D. 7.
(6) Foster v. Roberto, W. N. 1877, 11.
(c) 0. XL. r. 4.
(d) Do. r. 2.
^e) Do. r. 6.
66 THE LAW OF PRACTICE.
any party may move on affidavit or other evidence (/) to
sot it aside on the ground that, upon the finding entered,
the judgment is wrong (g).
81. Where issues or questions of fact have been tried
or determined as ordered, the plaintiff or (in his default)
the defendant after ten days may set down the action,
and give notice (h). And where there has been trial of
some only out of several such issues or questions, neces-
sarily arising and not being merely hypothetical (i), the
Court on application may, if expedient, give leave on
terms to set down the action, and direct as to postponing
the other questions (J).
82. No action shall, except by leave, be set down later
than one year after the right to do so has accrued (k).
83. On motion for judgment or for new trial, the
Court may, if satisfied that it has before it all necessary
materials, and where there is no evidence to go to a
Jury (/), give judgment (m), and may set aside a judgment
given in a trial before a Jury (n) ; but will not, unless
thus satisfied (o). If there has been notice of appeal,
and an ex "parte rule nisi for new trial not set down on
the first notice, no fresh notice of appeal is necessary,
but the party who gave the notice will be liable for costs
thereof (p). The Court, if not satisfied, may direct the
motion to stand over, and any issues, questions, accounts,
in' inquiries, to be tried, determined, taken, or made (q).
84. Any party at any stage after two clear days'
Qotice (/') may apply by motion to the Court, or to a
Judge, for such Order as he is entitled to on clear (s)
(/) Stubbt v. Boyle, 2 Q. 13. D. 124.
{g o. XL. r. 5.
(A) Do. r. 7.
Im Republic of Bolivia v. National Bolivian Navigation Co., 24 W. R.
361.
■». XL. r. 8.
[k) !>■■. r. '•'.
•/ Brewster v. Dwrrand, \V. N. 1880, 27.
(m) o. XL. r. 10.
[n //■,,„,//■,„ ,!■(',,. v. Johnson <£• Co., 5 Q. 15. D. 263.
MUisskh v. Lloyds, W. N. 1877, 36.
,, WaddeU v. Blockey, 10 Ch. I). 41 'J.
\q) O. XL. r. 10.
(/•; Parsons v. Harris, 6 Ch, l>. 694,
Gilbert v. Smith, 2 Ch. D. 686 ; Chilton v. Corporation of London,
7 Ch. b. Si
SETTING DOWN. — ENTRY OF JUDGMENT. C7
admissions of fact in the pleadings (/), or on allegations
of fact in a statement of claim evasively (u) or not speci-
fically (r) denied in the defence ; as e.g. for an Order for
accounts of partnership (w), of trusts (a;), of mortgage (y),
for inquiry {z), or for sale in partition action (a) &c.
Further consideration may he reserved (6). Notice of
motion for a decree or decretal Order may be given,
without setting down the motion (c), so soon as the
applicant's right to the relief claimed has appeared from
the pleadings. But not so moving is not necessarily a
waiver of right to judgment on admissions (d). The
relief may be given, in the discretion of the Court or
Judge (e), on terms (/), as e.g. an Order nisi binding
absent parties three days after service, unless they show
cause (g). But default in delivering a defence (It), and
default of pleading generally (j), do not make such an
admission of fact, and general joinder of issue on a
counterclaim, without specific denial of the statements
therein, does not warrant an immediate Order (j).
85. On delivery of a copy of the whole of the pleadings,
judgment shall be entered by the proper officer [k), and,
if in a Common Law Division in London, at the Central
Office (I), dated, where pronounced by the Court or a
Judge in Court, as of the day whereon pronounced (m) ;
(t) 0. XL. r. 11, and see Lord Hanmcr v. Fliyht, 36 L. T. 279.
(«) Thorp v. Holdsworth, 3 Ch. D. 637.
(c) Symondsv. Jenkins, 34 L. T. 277 ; Rutter v. Tregent, 12 Ch. D. 758.
(«■) Turquand v. Wilson, 1 Ch. D. 85.
(x) Bennett v. Moore, 1 Ch. D. 692.
\y) Martin v. Gale, 4 Ch. D. 128.
(z) Gilbert v. Smith, 2 Ch. D. 686.
(a) Burndl v. Burnett, 11 Ch D. 213. See for other examples, Rumsey
v. Reade, 1 Ch. IX 643; Jenkins v. Duties, 1 Ch. D. 696; Bridson v.
Smith, \\. N. 1876, 103.
(b) Bennett v. Moore, 1 Ch. I). 692 ; Gilbert v. Smith, 2 Ch. D. 6S6.
(c) Hetherington v. Longrigg, 10 Ch. D. 162.
(</) TUdesley v. Harper, 7 'eh. I). 403.
(e) Per Jess'el, M. R. in Mettor v. Sidebottom, 5 eh. D. 342.
(/) 0. XL. r. 11.
(-/) Wilson v. Church, 9 Ch. D. 552.
(h) GiUott v. Kerr, 24 W. R. 428.
(t) Litton v. Litton, 3 Ch. D. 793.
(j) Rolfe v. Maelarvn, 3 Ch. 1). 106, and see Frit: v. Hobson, 14 Ch. D.
558, 562.
(4) (). XLI. r. 1.
(I) Do. r. la. (w) Do. r. 2.
68 THE LAW OF PRACTICE.
otherwise as of the day whereon the documents are left
with the proper officer (n) after examination of any neces-
sary affidavit or document (n), or production of Order or
certificate (o). A Judge may not direct the entry of a
judgment in disregard of and contrary to a relevant
finding of a Jury (j>).
86. A judgment of nonsuit, unless otherwise ordered,
is equivalent to a judgment on the merits, hut may
he set aside on terms in case of mistake, surprise, or
accident (q). Mere clerical mistakes and accidental slips
or omissions may he corrected on motion without appeal (r),
hut a judgment by consent cannot after entry be varied
for any mistake, except such as would suffice to set aside
an agreement (s). On motion to set aside judgment, a
Divisional Court may give judgment, if satisfied that
they have before them all necessary materials (t).
87. Judgment for, A., recovery or payment of money to
a person may be enforced [on fulfilment of condition or
contingency, if any (//)] by any of the usual writs of
execution (v) :
B., payment into Court by sequestration or (where
authorised) by attachment (w) :
C, recovery of land by writ of possession (x) :
D., recovery of specific chattels by writ of delivery,
attachment or sequestration (//).
E., an act or forbearance by attachment or committal (z),
notice of the application to be served personally on the
] tarty or on his solicitor, or at his residence (a) or on a
(n) 0. XLI. r. 3.
Do. r. 1.
(p) Do. r. 5.
(q) Do. r. 6 ; Perkins v. Dangerfield, W.N. 1879, 172.
(r) 0. XLI. A. Dec, L879.
(.f) Attorney General \. Tomline, 7 Ch. D. 388 ; Davis v. Davis, 13 Ch. D.
861.
(i) Dana v. Simmint, 40 L. J. C. P. D. 343.
[u o. X I.I I. r. 7.
V l>0. r. 1.
Do. r. 2.
(*) Do. r. '.',. (y) Do. r. 4.
\><, r. r>. Aa to v.lrtt amounts to contempt, see Edwards v. Edwards,
2 Ch. I). '-".»l ; /« re Bryant, t Ch. D. 98 ; In «; Langley, 13 Ch. D. lid.
a) <>. XlilV. r. -. Bee Browning v. Sabin, 5 Ch. L). .oil ; In re a Soli-
1 I Ch. I>. 152 ; ./»//;/ v. < 'oopi r, :, C. P. D. 26. Similarly, in case of
c unmittal, Richards v. Kitchen, 30 L. T. 73U.
SETTING ASIDE JUDGMENT. — EXECUTION. GO
clerk at his chambers (/>). Whether the rule as to notice
applies where a subpoena in the Probate Division has
beeu disregarded, ([ii^re (c). The costs of attachment
arc in the discretion of the Court, and should be applied
for at the time (d).
88. Alter judgment against partners, execution may
issue (1) against their property as such, (2) against any
person admitting on the pleadings that he is, or adjudged
to be, a partner, (3) against any person served as such
who has failed to appear, (4) against any person whose
liability on application for leave is not disputed, or has
been tried and determined (e).
89. Writs of execution shall be issued on production
of the judgment, after a proper time has elapsed (/),
filing of a prcec'ipe signed by or on behalf of the party or
his solicitor (g), and indorsement of the name and address
of the solicitor (and principal solicitor, if any), or of the
party if suing or sued in person (//), and the date (/), and
further indorsement with direction to the Sheriff, &c, to
levy the amount stated, and interest (if required, at four
per cent., or other rate, if so agreed), and also poundage,
fees, and expenses (J).
90. No writ shall be issued until the expiration of the
time (if any) limited at or after the judgment for payment
or stay of execution, but if no such time be limited, the
claimant may immediately after entry of judgment sue
out a writ or writs of fi. fa. or elegit (k). Where a judg-
ment has been drawn up by a Chancery Registrar for
recovery of money and costs, at the election of the
claimant one writ may issue, or one for recovery of the
money and one for costs, the second to be not less than
eight days after the first {I). A writ shall remain valid
' (!>) Tilnnj v. Stanafidd, W. N. 1SS0, 77.
(c) Baigent v. Baigent, 1 P. D. 421 ; In the goods of Ifary Cartwright, 1
P. IX 422.
(d) Abud v. Riches, 2 Cb. D. 528.
(e) O. XIII. r. 8.
(/) Do. r. i>.
((/) Do. rr. 10, 10a.
(h) Do. r. 11.
(i) Do. r. 12.
(j) Do. rr. 13, 14.
(*) Do. r. 15.
(I) Do. r. 15a.
70 THE LAW OF PRACTICE.
for one year from its issue or renewal by leave (m). As
between the original parties it may issue within six years
from judgment (n) in favour of or against a party or other
in whose favour or against whom an Order is made (o),
hut later than six years, or after change of parties, only
by leave on terms (p).
' 91. Every Order of a Court or Judge in any action,
cause, or matter, may he enforced in the same way as a
judgment (q), as e.g. an Order for personal pa}'ment and
for foreclosure combined (r), a judgment on an action
connected with one in another Division before the merits
of this other have been determined (s) &c. But this does
not apply to an Order dismissing an action with costs for
want of prosecution (t).
92. Any party may apply for stay of execution or
other relief on terms (u).
93. The Rules do not take away or curtail rights of
enforcing Judgments or Orders which existed before the
Judicature Acts (v), as e.g. for proceedings in Equity to
obtain the benefit of a judgment (w).
94. Where judgment is for recovery or payment of
money, an ( >rder may he made on application (1) for oral
examination of the judgment debtor as to any debts
owing to him and production of books or documents (x),
or (2) upon affidavit of the applicant or of his solicitor
stating (i.) recovery of judgment, (ii.) to what amount un-
satisfied, (iii.) existence of a garnishee within the juris-
diction, lor attachment of all debts owing or accruing, or
<•( rtainly {y), ami not merely possibly (z), about to accrue
from the garnishee, unless he shows cause before the
(m) 0. XLII. r. 16.
(n) Do. r. 21.
(o) Do. r. 18.
(//, I)-, r. 19.
Wo. r. 20.
(r) Dymond v. Croft, 3 Ch. D. f>12.
(*) Hodges v. Fmcham, 1 Ch. 0. 'â– >â–
'remetti v. Crom, 4 Q. D. D. '225.
(u) 0. XLII. r. '22.
I- Do. r. â– >â– '..
(w) Anglo /i>i/,<m Bank v. Davies, 9 Ch. D. 27.->.
, 0. XI.V. r. 1.
In re Cowan x Extate, 14 Ch. D. 638.
(z) Ricliardson v. Elmit, 2 C. P. D. 9.
EXECUTION. — GARNISHEE. 71
Court, or a Judge, or an officer (a). But an Order dis-
missing with costs for want of prosecution is not a
judgment under (1) (b). Joint creditors of a legatee may
obtain such an Order against a receiver applied for in an
administration action (c). Service of such an Order or
notice to the frarnishee as directed shall hind such debts
in his hands (d) as against his trustee in bankruptcy («);
but an Order nisi does not create a charge until service (/).
Where a judgment debtor neglects to comply with an
examination Order under (l) i application for his attach-
ment may be made on affidavit stating (i.) that conduct
money has been tendered, (ii.) that there is good reason
for not examining him at his residence, (iii.) that no
other means exist of ascertaining what debts are due to
him (//).
95. Execution may be ordered to issue, if the garnishee
does not pay into Court nor dispute his liability, or if he
does not appear upon summons (h). ' If he does dispute
his liability, it may be tried like any other issue or
question in an action (i).
96. Any third person, to whom it is suggested that the
garnishee debt belongs, or any lien or charge' thereon as
e.g. solicitor's lien (j), may be ordered to appear and state
particulars (k) ; after which execution may be ordered, or
any issue or question be directed to be tried, or any other
such Order be made as is fit, upon terms as to a lien or
charge (if any) and as to costs (/). Payment or execution
shall be a valid discharge to the garnishee as against the
judgment debtor, although such proceeding may be set
aside (///). The costs of such attachment and incidental
proceedings shall be in the discretion of the Court or
(a) 0. XLV. r. 2.
. (fc) Cremetti v. from, 4 Q. B. D. 225.
(r) In /â– < Covxtn's Estate, 14 Ch. D. 638.
(d) 0. XLV. r. 3.
(c) Ex parte Joselyne, S Ch. D. 327.
(/) llamer v. Giles, 11 Ch. D. 942.
(</) Protector Endowment Co. v. Whithajn, 3C L. T. 4(i7.
I/O 0. XLV. r. 4.
(i) Do. r. 5.
(j) Faithfull v. Ewen, 7 Ch. D. 4i»j ; Shippey v. GVey, W. N. 1880, 99.
{k) 0. XLV. r. (i.
(I) Do. r. 7.
m I Do. r. 8.
72 THE LAW OF PRACTICE.
Judge (w). No appeal lies from a garnishee Orrler in a
County Court, for it is not " a decision in an action or
cause : ' within the County Court Rules, 1875 (o). No
debt due from a corporation can be attached in the
Mayor's Court by " foreign attachment " (j>).
97. An Order charging stock or shares with immediate
payment of an ascertained sum (q) or payment of a sum
certain on a future day (;) may be made by any Divisional
Court, not necessarily of the Division to an action in
which the claimant is a party (s), or by any Judge, the
proceedings and effect being as under 1 & 2 Vict. c. 110,
ss. 14, 15, and 3 & 4 Vict. c. 82, s. 1 (*). But where it
appears that the judgment debtor was dead when such an
Order nisi has been made, it cannot afterwards be made
absolute (w). A motion for such an Order, if made
respecting solicitor's lien under 23 & 24 Vict. c. 127,
s. 28, must be before the Judge who tried the case (v),
;uid a petition by a solicitor under the same section in an
action tried in a District Registry cannot be presented to
a Judge in the Chancery Division (w), but can be if he
tried the case {x), and should not be served on other
parties (y).
98. Any person claiming interest in stock of any com-
pany [including the Bank of England (*)], may file an
affidavit and not ire at the Central Office, and serve copies
of each on such company (a), to remain in force for five
v.ius (6), and be capable of renewal (c), and of withdrawal
(n) 0. XLV. r. 0.
(o) .lA/.sv,,/ v. WirraiL Highway Board, 1 Q. P>. D. 450.
(p) London Joint Stock Bank v. Aldermen of City of London, 1 C. P. D.
1. W. N. 1880, 65.
q) Widgery v. Tepper (C. A.), 6 Ch. D. 364 ; not following Burns v.
Irving, 8 Ch. D. 291.
r Bagnall v. Carlton, C Ch. D. 130.
[s] Hopewell v. Barnes, 1 Ch. J>. 630.
(t) 0. XI.VI. r. 1.
„ Finney v Hinde, i Q. B. IX 102.
Higgi v. Schroder, 3 C. P. D. '252.
(w) Owen v. Henshaw, 7 Ch. D. 385.
/'/ . // v. Trutman, 12 Ch. L>. 680.
\y) I)., p. 881.
(z) 0. XLVI. r. 3.
[a Do. r. 4.
b Do. r. 7.
(c, Do. i. 8.
CHARGING ORDER. — PAYMENT OF COSTS. 73
by (1) written request, or (2) Order obtained on notice,
or (B) petition duly served (d). But such company on
receiving written request from the holder to permit the
transfer of the stock, or to pay dividends, are not
authorised to refuse such transfer or payment for more
than eight days, without an Order of Court (e).
99. Where a person after service disobeys a judgment
or ordinary four days' Order (/) for payment into Court,
or doing any act in a limited time, a writ of sequestration
may issue, without any Order, against his estate and
effects {g), including any pension under 15 & 16 Vict.
c. 54 (li). But such issue and service does not per se
make the plaintiff a secured creditor (i). Whether a
simple judgment debt can be so recovered, quare (j).
100. Payment of costs alone cannot be enforced by
subpoena, nor (without leave) by sequestration (k).
(d) 0. XLVI. r. 9.
(c) Do. r. .10.
(/) Sprunt v. Pujh, 7 Ch. D. 567.
(g) 0. XLVII. r. 1.
(h) WUlcock v. Terrell, 3 Ex. D. 323.
((') Ex parte Nelson, in re lloare, 13 Ch. D. 41.
(j) Do. pp. 45, 46, 47.
(k) 0. XLVII. r. 2.
PART V.
APPEAL.— COSTS.
101. Appeals to the Court of Appeal are brought by
notice of motion in a summary way (<x), and are not pre-
vented by inrolment of decree (b), nor b} 7 counsel's under-
taking not to appeal, unless such undertaking has been
embodied in an Order (c). The notice shall state whether
the appeal is from the whole or from what part of a
Judgment or Order, including an Order of a Judge at
Chambers, the appeal in this last case to be (1) on the
Judge's certificate, or (2) by leave on application to set
down the appeal without such certificate (d). There
shall be fourteen days' notice of appeal from a final or
interlocutory Judgment, and four days' notice from an
interlocutory Order (e) ; and any doubt as to what Judg-
ments or Orders are final and what interlocutory shall be
settled by the Court of Appeal (/). Notice of intention
to appeal may be taken as notice of appeal, semble, if the
ease is actually set down in time (g). The notice is to
be served only on parties directly affected, unless the
Court of Appeal direct service on any other parties or
|m rsons, as e.g., notice of appeal by an unsuccessful
defendant to be served on a successful co-defendant (It) ;
notice of appeal from refusal to annul adjudication of
0. IA'III. r. 2.
n, llastie r. HasUe, 2 Ch. D. 304.
c Trotter's Claim, 13 Ch. D. 261.
(il) Thomas v. Elsom, 6 Ch. D. 346.
â– 0. LV1II. r. 4.
(/) .1. A. 1875, 8, 12. C£ Oaihercole v. Smith, W. X. 1880, 102.
/.,.'// a Ca •■8Ch. I;. 806 ; explained in CoUin.iv. Vestry of Padding-
Q. B. D. 868.
I. J'uriuU \. Great Western /lailaoy Co. cO //arris, 1 Q. B. D. G36.
APPEAL. i
bankruptcy to be served on the trustee (?'), &c The
notice may be amended, by leave, as to dates or other-
wise, with or without special circumstances (.;').
102. Appeals shall be brought to the Court of Appeal
by way of rehearing (/,), and there can be no rehearing of
an Order by a Judge of the High Court (I). An appeal
cannot be reheard, nor must it be brought merely to set
aside a judgment as having been obtained by fraud (m),
nor can it raise an entirely new case, even though one
supported by the old evidence (w). Fresh evidence may
be let in (1) without special leave, on interlocutory appli-
cations, or as to matters subsequent to the decision under
appeal, or (2) in other cases on special grounds in the
discretion of the Court (o). Such evidence may be by
affidavit, notice being given to the other side of appli-
cation for leave to be made at the hearing (p). If wit-
nesses are to be subpoenaed for oral examination at the
hearing, or semble on deposition before an examiner,
application for leave should be previously made by
motion (q). Such fresh evidence may be let in, in a
proper case, even where the Judge below has refused to
allow it to be used to rebut a point which had taken a
party by surprise at the original trial (r). Subject to
special Order, (1) printed or office copies of affidavits on
questions of fact in the Court below, (2) copies of Judge's
notes, or other materials, in the discretion of the Court,
as to oral evidence, shall be produced (s). Any party
printing evidence not printed for the Court below shall
Dear the expense, unless before or after the printing it be
otherwise ordered by the Court below, or by the Court of
Appeal, or by a Judge thereof (t).
(i) Exparti 11".'-/, in re Ward, W. N. 1880, 148.
( f) O. LVIII. r. •">. ; and sec In re Stockton Iron Furnace Co., 10 Oh. D.
335 ; Hunter \. Hunter, 24 W. R. 504.
(/>â– ) 0. LVIII. r. 2.
{I) In re St. Namire Co., 12 Ch. D. 88.
(m) Flowerv. Lloyd, 6 Ch. D. 2<»7.
(n) Bxpartt Reddish, in re Walton, 5 Ch. D. 882.
(u) O. LVIII. v. 5.
(/,) Hastie v. Hastie, 1 Ch. D. 562.
(7) Dicks v. Brooks, 13 Ch. D. 652. With regard to appeals to the House
of Lords, fiesh evidence will generally net lie admitted. Per Lord Selhorne :
Banco de Portugal v. WaddeU, 5 App, Cas. 170.
{>â– ) Bigxby v. Dickinson, 4 Ch. 1). 24.
(.») 0. LVIII. r. 11. (0 Do. r. 12.
E 2
76 THE LAW OF PRACTICE.
103. If a respondent wishes a decision varied, whether
such variation include costs or not (u) and whether as to
the interest of the original appellant or not (r), he shall
give to all parties affected an eight days' notice in case of
appeal from a final judgment, and two days' notice from
an interlocutory Order, subject to any special Order (w).
Such variation must not be as to costs alone {x), but
may be as to costs, charges, and expenses (if). The
costs of a notice, if unsuccessful, may be ordered to be