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![handle is hein.slavery/ssactsengr0091 and id is 1 raw text is: is not strictly in point, inasmuch as there the question was as to the proper time for
applying to the full Court against the decision of a Judge at chambers. Here the
question is as to the original application to the Judge. The award, which may be
considered as tantamount to a verdict, was given on June 9th 1852; and the applica-
tion not till Hilary Vacation 1853. There must be some limit as to time: the most
reasonable would appear to be the first four days of the term following the verdict,
according to the analogy of motions for new trials. The question is at present before
the Court of Exchequer.
Garth, contrh, referred to Harper v. Carr (7 T. R. 448), and Norman v. Danger
(3 Y. & J. 203).
Lord Campbell C.J. We will inquire as to the case before the Court of Exchequer.
Cur. adv. vult.
[215] Lord Campbell C.J. now delivered the judgment of the Court.
In this case, we have consulted the learned Barons of the Exchequer; and they
agree with us that the application for costs is not too late. My brother Erle abstained
from making the order, on the supposed authority of a decision of my brother
Alderson at chambers. That decision, however, proceeded upon a misunderstanding
as to Orchard v. Momsy (ante, p. 206), where the question was as to the time within
which an appeal from the order of a Judge at chambers should be made. Here the
question is as to the application to the Judge in the first instance : and we all agree
that the plaintiff is not prejudiced by the interval which has occurred.
Rule absolute (b).
End of Easter term.
The Court did not sit in bane in the Vacation after Easter Term.
[216] CASES ARGUED AND DETERMINED IN THE QUEEN'S BENCH, IN TRINITY
TERM, XVI. VICTORIA.
The Judges who usually sat iii Bane in this Term were: Lord Campbell C.J.,
Coleridge J., Erle J., Crompton J.
LUMLEY against GYE. 1853. 1st and 2d counts of declaration, by lessee of a
theatre: for maliciously procuring W. (who had agreed with plaintiff to perform
and sing at his theatre and no where else for a certain term) to break her con-
tract and not to perform or sing at plaintiff's theatre, and to continue away
during the term for which W. was engaged. 3d count, averring that W. had
engaged with plaintiff to be, and bad become and was, plaintiff's dramatic artiste
for a certain term, and complaining that plaintiff maliciously procured her to
depart out of her said employment during the term. On demurrer :-Held, by
Wightman, Erle and Crompton Js., that the counts were all good, and that an
action lies for maliciously procuring a breach of contract to give exclusive
personal services for a time certain, equally whether the employment has
commenced or is only in fieri, provided the procurement be during the subsist-
ence of the contract, and produces damage : and that, to sustain such an action,
it is not necessary that the employer and employed should stand in the strict
relation of master and servant. Semble, by the same Judges, that the action
would lie for the malicious procurement of the breach of any contract, though
not for personal services, if by the procurement damage was intended to result
and did result to the plaintiff,-Coleridge J. dissentiente, and holding that the
action for procuring a third person to depart from his engagement is founded on
the Statute of Labourers, and is strictly confined to cases where the employer
and employed stand in such relation of master and servant as was within that
statute ; and that, in all other cases, the remedy for a breach of contract is only
on the contract, and against those privy to it. And that, as a dramatic performer
is not a servant, therefore the counts were all bad.-The defendant had, under
stat. 15 & 16 Vict. c. 76, s. 80, obtained leave to plead and demur also. On an
application to postpone the trial of the issues in fact till the issue in law had been
(b) See Reid v. Gardner, 8 Exch. 651.
749
2 EL &- BL. 215.
LUMLEY V). GYR](ViewImageLocal?handle=hein.slavery/ssactsengr0091&div=1&collection=&method=preview&ext=.png&size=3)