Cases Argued and Determined in the Court of Common Pleas and in the Exchequer Chamber from 1856 [To 1865] (Volume 9)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862. Excerpt: ... war on a subject respecting which we each know there is really nothing for us to write about. john Knight. The defendant remaining in possession of the premises, the plaintiff sued him for half a year's rent from Lady Day to Michaelmas, 1858; and, after the commencement of the action, the plaintiff paid to Knight, who accepted the same, the half-year's rent which would be due from him in respect of the premises, assuming his tenancy to be still continuing. Knight, who was called as a witness, stated, that, although nothing had occurred between himself and the plaintiff with reference to a renewal of the term prior to the payment of the rent, he still considered the plaintiff as his tenant. Upon this evidence, Mr. Justice Willes, conceiving that there was no evidence to go to the jury of any new taking of the premises by the plaintiff from Knight, or by the defendant from the plaintiff, rgj4 nonsuited the plaintiff. The majority of the Court of Common Pleas, however, thought there was evidence for the jury, and accordingly in Trinity Term, 1859, made a rule absolute for a new trial. Against this decision the defendant appealed, and the case came on for argument in the Exchequer Chamber at the sittings after Hilary Term, 18G0, the judges present being Wightman, J., Crompton, J., Martin, B. (during part of the argument only), Bramwell, B., Channell, B., and Hill, J. H. Mills was heard for the appellant; and H. James for the respondent. The arguments were substantially the same as those urged in the court below. The following cases were cited, --Christy v. Tancred, 7 M. & W. 127, f Draper v. Crofts, 15 M. & W. 166, f Ibbs v. Richardson, 9 Ad. & E. 849 (E. C. L. R. vol. 36), 1 P. & D. 618, and Doe v. Harlow, 12 Ad. & E. 40 (E. C. L. R. vol. 40), and the notes ...