The Sun.
London, England, 1824-02-06 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, FEB. 5.
THOMPSON V. THOMPSON.
This was a case affecting the right to sue• in forma pauperis.
Ir. SHADIV-!,'LL', for the defendant, raised the question.
Elizabeth Thompson, the plaintiff, had been called, upon to
take out letters of „administration for her husband's effects;
which she computed to be of the value of 8001. She had filed
the present bill, to which an answer had been put in, Which'
was followed by replication,- and an amended answer. But he:-
fore the suit sbotild proceed. further, he prayed the COurt thit't
the plaintiff might be restrained
.from suing in fora pauperis.
w
The ground of the -application as, first; that the plaintiff was .
not suing in her own-right Merely, but under tlle atiministra-
tion of her husband's property; secondly, that ,thgre was a pre.
cedent expressly
.against allowing proceeding's tole'earried on
in forma paupers:, by a•.party who had taken out letters of
administration. The case in point was thitt of ",Paradise and
Shepherd," which is to be found in Dixon, tint much more
correctly in Mr..llealues's book of costs.' The plaintiff had filed
a bill, which was answered ; there Was replication, which
called for an amended answer ; and the defendant had been
put to great expellee in calling Witnesses. Just before the
Judgment, the plaintiff:applied to he-admitted to plead in.forma
pauperi. which the. defendant opposed, alleging that -it was.
only done to deprive him of costs, the plaintiff' having no „sort
of equity•in the case. The Court held that the plaintiff, having
taken out letters of administration for stilite,property,• it could
not be assumed that he was not-worth 51\,.tp.which fact a party
must swear clairning the advantage of the statute, by the prin-
ciple of which the. ourts.of Equity were-guided. • • .
Mr. BEAMES., for the plaintiff, contended that the principle
had not been-aeurately• stated, and. the - casos had. no resent-
blanc. In the case of paradise and Shepherd," which he
had himself extracted from the Registrar's book, the ground
of theapPlication. Was, that the plaintiff,
.was without the she-
derw of an equity; and that having proceeded yexatiously and
to the great eost.of the de4falant, untie the praCeedings were
ripe for-judgment; he had sought the-let-ie.*. of that plea to
screen himself froth the consequences at
-).11s, own litigious suit.
The right o' suing as a pauper injantrA part what-
ever of that
.question;nori indeed,slaadTiteVer been decided in
any case. He apprehended that as theeatutedid:not directly
apply to this Court, his Lordship most be . guided by the ana-
logies of the practice in other Courts. Ttie, rule at common
law, as it WaS expressly laid down in a „case which was to be
:fannd Baron..flullOck's book, was, that a defendant should
•not dispauPer a plitintiff, if he continued to plead to the record
after -the entrance.of the plea in forma panperis. ,in the .pre-•
sent case there had been bill, answer, replication, and.amended
answer; and before the first answer was put in, the plaintiff
hattbeen admitted to plead in:pauperism.
SHAHWELL said, that did not appear. titian the papers.
Mr. 13EAsiEs said, that the defendant must have had notice
enough to exclude this application in any case, SS the amended
bill•was on unstarived paper, and of that bill • his • own clerk
must have taken a copy.
The LORD CHANCELLOR said, they must prove a more sa-
tisfactory notice of the plea of pauperism. As to the. case of
" Paradise and Shepherd," he had by him the manuscripts of
Mr. Brown, who was of counsel in the cause. He would look
into them-to-night, in order to see whether there was anything
instructive to' be found under that gentleman's title offorma
palipeliS, and inform Mr. Beanies of what he should meet
with.

Mr. BEAMES was thankful to his Lordship.. He.:would get
a shOrt-affidivifto prOve the notkee ; but, the case of " Paradise

'

, . .
and Sbephard" would be found .to contain nothing upon the
.point of 'suing as a pauper ea autre droit. , : • -
The Lonn 'CirANCELLon.—Do you, get the affidavit,
_arid'
I will look after Bro'wn: •