페이지 이미지
PDF
ePub

Wright v. Burroughes, 122

v. Fairfield, 190
v. Hunter, 158
v. Leonard, 21, 477, 478

v. Stavert, 336 Wyatt v. Harrison, 34

Wilson v. Hart, 127

v. Merry, 454

v. Zulueta, 256 Windsor's case, 127 Winterbottom v. Lord Derby, 61

v. Wright, 10, 18, 79,

370, 371 Withington v. Herring, 240 Wodehouse v. Farebrother, 47 Wood v. Marston, 274 - v. Smith, 201

v. Wand, 35 Woodland v. Fear, 92 Woodman v. Chapman, 298 Woods v. Finnis, 435 Woolf v. City Steam Boat Co., 149 Wootten v. Steffenone, 174 Wren v. Weild, 30

Y.

Yarborough v. Bank of England,

471.
Yates v. Bell, 96, 97
Young v. Axtell, 270

v. Brander, 227
v. Davis, 467
v. Hughes, 68

P

1

ADDENDA ET CORRIGENDA.

[ocr errors]

Page 2, note (g), add, “ But see now as to the position of felons, 33 & 34 Vict. c. 23.”

Page 57, note (s), add, “Affirmed in Exchequer Chamber, Weekly Notes, 1870, p. 177.

Page 139, note (), add, “A broker is not such an agent, and cannot sue on contracts made by him as a broker ; Pairlie v. Fenton, L. R. 5 Ex. 169."

Page 141, note (e), add, “but see Grice v. Kenrick, L. R. 5 Q. B. 340."

Page 174, marginal note, line 8 from bottom, instead of “diffusion " read “difference."

Page 251, line 2 from bottom, instead of “seven" read “eight.” Instead of four first” read “Nos. 1, 2, 3, 4, and probably 8.”

Page 252, line 1, instead of “three last” read “Nos. 5, 6, 7.”
Page 256, note (t), add, “ Paice v. Walker, L. R. 5 Ex. 173.”

Page 297, note (g), add, “But now it is provided by the Married Woman's Property Act, 1870 (33 & 34 Vict. c. 93), sect. 12, that a husband shall not by reason of any marriage which shall take place after this Act has come into operation, be liable for the debts of his wife contracted before marriage, but the wife shall be liable to be sued for, and any property belonging to her for her separate use shall be liable to satisfy such debts, as if she had continued unmarried.' The effect seems to be, that a woman married after the passing of the Act, 9th August, 1870, liable to be sued for debts contracted before marriage as if she were a fem sole."

Page 400, note (f), instead of “1859 ” read “1869."

PARTIES TO

TO ACTIONS.

CHAPTER I.

THE PERSONS WHO CAN SUE AND BE SUED.

RULE 1.-All persons can sue and are liable to Rule 1.

All persons be sued in an action at law.

can sue and be

The general principle of law is, that “as the law sued. grants redress for all injuries and gives a remedy for every kind of right, so it is open to all kinds of persons, and none are excluded from bringing an action" (a).

Hence, subject to the exceptions afterwards mentioned (6), persons of all descriptions, of whatever rank, condition, age, or country, are able to sue, and liable to be sued.

The sovereign can sue as a common person in respect of causes of action accruing to him in his individual character (c); the Queen Consort can bring or defend an action as a feme sole (d).

A foreign sovereign is entitled to sue in our courts for

(a) Bac. Abr., Action, B.

(6) Each rule is laid down in the form of an absolute statement, but must be understood as subject to the exceptions afterwards enumerated ; the / scheme of this treatise being to lay down in each case, first the general rule, and then the exceptions to it. The rules are for the sake of easy reference numbered consecutively, without any regard to their comparative importance.

(c) Com. Dig., Action, B. 1.
(d) Com. Dig., Action, B. 2; Coke, Litt., 33 a.

B

?

Exceptions.

Persons who cannot sue. Felons.

breaches of contract (e), or for wrongs done to him by
English subjects, without authority from the English
Government, in respect of property belonging to him
either in his individual or in his corporate capacity ; but
he cannot maintain a suit here for invasions of his prero-
gative rights as reigning sovereign (f). Corporations,
married women, infants, idiots, lunatics, and aliens, can
sue and be sued.
Exception 1.-Felons, outlaws, and alien enemies cannot sue.

A person convicted of felony becomes incapable of suing at law or in equity, and remains under this disability until either he has obtained a pardon, or his term of punishment has expired (g).

A felon (unless he receives a free pardon containing words of restitution) cannot, generally, on his disability being removed, sue for causes of action which have accrued or which depend upon contracts made with him at any time before such removal.

But though this is true as a general rule, a person convicted of felony may, on his capacity to sue being restored, in some cases sue on contracts made with him or for wrongs done to him before his disability ceased.

Inasmuch as his freehold land is not transferred to the Crown until office found (1), he may sue, unless the Crown interferes to prevent him, on contracts (e. g., for the payment of rent, or to repair) connected with his freehold property, and may bring ejectment, even though attainted of felony, when there has been no office found

(e) Emperor of Brazil v. Robinson, 6 A. & E. 801.

(f) Emperor of Austria v. Day, 30 L. J. 690, Ch. ; 3 De Gex, F. & J. 217 ; Mostyn v. Fabrigas, 1 Smith, L. C., 6th ed., 663.

(9) Whitaker v. Wisbcy, 12 C. B. 44; 21 L. J. 116, C. P. ; Bullock v. Dodds, 2 B. & Ald. 258; Coke, Litt., 390 b; Addison, Contracts, 6th ed., 1023. By a conviction of felony the goods and chattels of the felon are immediately forfeited to the Crown; by attainder which follows on judgment given, his lands and tenements are forfeited. Bullen, Pleadings, 3rd ed., 556.

(h) Kynnaird v. Leslie, L. R. 1 C. P. 389 ; 35 L. J. 226, C. P. ; Addison, Contracts, 6th ed., 1024.

« 이전계속 »