[list-cumbria] Carlisle Patriot, 06 Mar 1824 - Cumberland Spring Assizes (12)

[Petra Mitchinson]

Saturday 06 Mar 1824   (p. 2, col. 4 – p. 3, col. 5)

 

CUMBERLAND SPRING ASSIZES. 

 

NISI PRIUS. 

  

[continued] 

 

JACKSON v. WELL. 

 

Mr. COURTENAY said this was an action to recover a sum of money due upon an award arising out of a legal dispute which existed some
time ago between the plaintiff and defendant, but which they had agreed to refer, and bound themselves to abide the decision. The
parties were brothers-in-law. They named two arbitrators; and if they could not determine the matter, power was given to these
gentlemen to appoint an umpire; which had been done, and the umpire decided that WELL should pay JACKSON the sum of £100, and £6 3s.
as a moiety of the expenses of award. 

 

Anthony Benn STEWARD, sworn.—He was subscribing witness to the reference, and saw the defendant sign. 

 

Agreement put in and read—dated 7th March, 1823. It stated that JACKSON and WELL agreed to refer their disputes to Messrs. TAYLOR
and PARKER; and it they could not decide, to call in an umpire; and both bound themselves by the decision. 

 

Witness recalled, said three lines struck out were erased before the signatures were placed to the document. 

 

Richard TYSON saw the agreement, appointing Mr. John BAILIFF, of Ravenglass, as umpire. This document was also put in and read. 

 

Jonathan WHINNERAY saw BAILIFF execute the award. It bore date, May 6; and Mr. BAILIFF awarded, that all litigation should cease;
and that defendant should pay to the plaintiff the sum of £100, and £6 3s. as one half the expenses. 

 

Mr. Justice HOLROYD said the first count only went for the hundred pounds. 

 

Mr. COURTENAY.—The remainder is for money laid out; I shall prove that part of the case. We have a separate count for money paid. 

 

His Lordship said the plaintiff was not entitled to recover the odd £6 3s. under the document put in. 

 

John BAILIFF called.—He made the award, and both parties were pleased with it. JACKSON had paid him the whole of the costs, £12 6s.
at two different times. 

 

Mr. COURTENAY said it struck him that plaintiff could recover at common law, independently of the award. 

 

Mr. Justice HOLROYD abided by his first opinion. The award gave no authority for the sum; and, therefore, it could not be recovered
upon this record. 

 

Mr. COURTENAY said the subject matter was not worth discussion, and he would not trouble the court. 

 

There was no defence. 

 

Under the direction of his Lordship, the jury found for the plaintiff, damages £100. 

 

CAUSE LIST. 

 

1. PERRY...JACKSON v. WELL...case. 

 

2. PERRY...BELL and another v. SHEPHERD and two others...case. BARDSWELL. 

 

3. PERRY...BROCKLEBANK v. SHEPHERD and two others...case. BARDSWELL. 

 

4. MOUNSEY...INSALL v. BRETHERTON...case. PEARSON. 

 

5. MORRISON...ALLANBY v. DOVER...tres.& asslt. FEARON. 

 

6. HOBSON...BURROW v. TIDEY...tres. HODGSON. 

 

7. LIGHTFOOT...WAITE v. HARRISON and another...tres. and assault. WALKER. 

 

8. GRAVE & B...HOBSON v. ISMAY...Breach of promise of marriage. LAW & BENDLE. 

 

9. GRAVE & B...The King v. Inhabitants of Cumberland, Brougham Bridge...indt. HODGSON & N. 

 

10. NICHOLSON...The King v. Inhabitants of Cumberland, Egremont Bridge...indt. HODGSON & NANSON. 

 

11. BLOW...NORMAN v. PATRICKSON...case. SAUL, jun. 

 

12. DIXON...BLOWE v. IRWIN...case. PEARSON. 

 

13. STUDHOLME...ROBINSON v. GLAISTER...tres. LIGHTFOOT. 

 

14. LIGHTFOOT...DAVIDSON v. ROBINSON...tres. STUDHOLME. 

 

15. LIGHTFOOT...LIGHFOOT, Gentleman, and another, v. THOMAS...case. BEST. 

 

 

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