R v Crosthwaite

• Jurisdiction: Ireland
• Judgment Date: 16 January 1866
• Date: 16 January 1866
• Court: Court of Exchequer Chamber (Ireland)

Exch. Cham.

REGINA

and

CROSTHWAITE.

Fisher v. Bridges 4 Ell. & Bl. 666.

Young v. Millen 6 Ell. & Bl. 681.

Keyes v. B. and B. Railway Company 9 H. of L. Cas. 576.

488 COMMON LAW REPORTS. H. T. 1866. Exch. Chant. REGINA v. CROSTHWAITE.* Jan. 16. A consent to submit a case to the Court of Queen's Bench providÂÂed that if, " by the decision of the Court, 8Le., then ct the deÂÂfendant is not legally entiÂÂtled, and judgÂÂment is to be entered for the said relator with costs ;" and, if the Court were of a contrary opiÂÂnion, " judgÂÂment is to be entered for the said defendant, with costs ;" and either parÂÂty might bring error upon the judgment of the Court upon this special case. The 7 Queen's Bench decided for the defendant; the Exchequer Chamber for the relator. No judgment was made up. Held, that the relator should have costs in the Court of Queen's Bench, both parties to abide their own costs in the ExcheÂÂquer Chamber. * Coram MONAHAN, C. J., PIGOT, C. B., CHRISTIAN, J., FITZGERALD, HUGHES, DEASY, BB , and O'HAGAN, J. COMMON LAW REPORTS. 489 Crown.-MoNAHAN, C. J. No doubt, the 20 & 21 Vic., c. 6, H. T. 1866. Exch. Cham. properly brought this case into this Court ; but I do not recollect QUEEN Q THE a similar case in this Court since I have been sitting in it.- v. PIGOT, C. B. Who are the parties, the Crown or the relator The words of this agreement are, " judgment for the relator." I think no judgment can be given for the relator.] Heron, for the defendant, cited Waller v. O'Grady, which was a writ of error in 1816, where judgment was given without costs. The last clause of the agreement shows that the point...