Simpson v. Knox

Citations

• 29 S.C.L. 631

Syllabus

<p>1. The court will not deprive a plaintiff, suing within the summary jurisdiction, of his legal right of having his judgment the first court, by compelling him to file a declaration, in order that the defendant may plead a discount beyond that jurisdiction, unless great and manifest injustice would be done by a refusal of the motion, or when the law prohibits the defence from being tried in the summary jurisdiction. Vide Beckham vs. Eccles Peay, 1 Bailey, 121.</p> <p>2. Questions of this kind must, of necessity, be addressed to the discretion of the circuit court.</p> <p>3. A plaintiff having brought suits within the summary jurisdiction, a motion was made by defendant to compel him to declare, in order that defendant might plead a discount beyond that jurisdiction, on a demand already sued on, to the same Term, with the cases of the plaintiff; but as there was no satisfactory proof of the insolvency of the plaintiff, and as the court was not satisfied with the merits of the defence, but was inclined to the opinion that the object was delay, it was held that the motion was properly refused. 1</p>