Carthew hinks versus harris Mod SC salk SC comb SC libel in the spiritual  court against husband and wife for a incestuous marriage and pen the suit the  wife die which the husband plead in abatement but that court proceed to make  the marriage void a prohibition be grant vide Lutw lev salk to prohibition c  the case be Hinks and Elizabeth his wife be prosecute in the courtchristian  for a incestuous marriage for that the say Elizabeth be sister to the first  wife of Hinks Elizabeth die pen the suit whereupon the survive husband plead  in abatement the death of his wife but that court reject the plea and  afterward give sentence that the marriage be incestuous void and null and it  be now move that the wife be dead the spiritual court ought not to have  proceed to adnul the marriage for that Hinks and his wife have issue between  they now live and by that mean the issue will be make bastard after the death  of the parent which be contrary to the rule of law lie down in Kenn S case and  after debate a prohibition be grant quoad the annul the marriage only but that  the spiritual court may proceed against Hinks after the death of his wife pro  salute mind to punish he for the incest but they shall not make the marriage  void so as to barstardise the issue for that be against law and the authority  in Kenn S case be the rule in this case Rep b two Rep b dyer a Leon Inst I  Hardr vent adjudge good before show Mod see Megadora and holt and Lidlow and  Boynton show Rep grammatical case ultimo Carthew er p
Carthew Howard versus Tremaine Mod salk SC deposition take de bene be upon a  bill to perpetuate the testimony of witness where there be no answer put in  may be read in evidence show SC godb roll Abr cro Inst salk raym hob Hardres  contra raym at a trial in ejectment at the assize in exon one Langford who be  the lessor of the plaintiff among other thing offer to give in evidence some  deposition of person then dead and take de bene be upon a bill in chancery  bring by the say Langford against Tremaine to perpetuate the testimony c and  the defendant Tremaine have not put in his answer neither have the plaintiff  take out any process of contempt to compel he to answer accord to the practice  and course of the court and although the bill have be file a year and more and  a case be make of all this matter and refer to the court of b r whether these  deposition take de bene be upon a bill to which there be no answer and by  consequence no issue join shall be admit to be read as evidence or not and  after much debate the court be of opinion that these deposition may he give in  evidence otherwise a bill in equity to perpetuate the testimony of witness  will be to very little or no purpose
Carthew Jackson versus COLEGRAVE in the exchequerchamber Saturday Feb  Indebitatus assumpsit will not lie for a wager or money win at play Danv p  error on a judgement in b r in a action on the case wherein the plaintiff  declare that the defendant indebitat to be eiden quer in pro tant containing  ten each summa eiden the plaintiff debit solubil pro super pledge England a  wager inter eos ante time mock fact per Self the defendant eiden the plaintiff  deperdit and be so indebt be promise to pay c upon non assumpsit plead the  plaintiff have a verdict and judgement and now upon a writ of error bring that  judgement be reverse because a general indebitatus assumpsit will not lie for  money win on a wager or at play but it must be lie by way of mutual promise  special but the chief reason of this opinion sand see champernon for Derby  before Carthew er p be because the court will not countenance game by give  such a easy remedy for money win at play but there be a precedent show where a  indebitatus assumpsit be bring for money win at a game call banquefilet and  judgement for the plaintiff and that judgement affirm in a writ of error in  the exchequerchamber but this will not prevail for the reason above so the  judgement be reverse at the same time it be allow per curian that a general  indebitatus assumpsit will lie by a insurer of a ship for the prize for which  he insure although the consideration of such insurance videlicet the hazard of  loss be but a contingency
Carthew jones versus hill Trin will in c b in Winford S office lev SC case by  a vicar for dilapidation good Danv p action on the case by the successor of a  vicar bring against his predecessor for dilapidation who by take a second  benefice with cure c have lose this vicarage upon not guilty plead the  plaintiff have a verdict and it be now move in arrest of judgement that this  action will not lie but that the proper remedy be in the spiritual court but  after a long debate the plaintiff have judgement these case in the margin be  cite
Carthew jordan versus Powell Trin James two b r rot action by a attorney the  defendant plead the statute that the plaintiff have not deliver in a bill of  charge sign by he per curian the statute extend only to fee for counsel show  SC comb Allen show p the case be sacred scripture the plaintiff per though  Hancock his attorney bring his action against the defendant and declare in  assumpsit upon three promise the first be in consideration of work do and for  prosecute and defend several suit in b r c b and in chancery by the plaintiff  as solicitor c at the request of the defendant the second be upon a executory  consideration to prosecute and defend suit and allege a performance and the  three be upon a general accuse computasset the defendant plead special  videlicet that if those promise or any of they be make by the defendant to the  plaintiff prout c they be make that the plaintiff shall be his attorney and  solicitor for prosecute and defend all suit in the court at Westminster non  aliter and be likewise plead the statute James by which this enact that a  attorney or solicitor shall not be allow any fee lie out for counsel or  otherwise unless he have ticket thereof sign by the hand of they that receive  such fee and he shall also give unto his client true bill of all the charge of  suit under his own hand before he can charge his client with payment thereof  and aver that the plaintiff have not deliver to he any bill of charge c  subscribe with his own hand and upon a demurrer to this plea the the plaintiff  have judgement without any argument because the statute extend only to money  due for fee and here the defendant bad plead general to all the promise lie in  the declaration and one of they be a accuse computasset in which other money  may be include Carthew er p and so if the defendant will have the benefit of  the statute he ought to have plead quoad the two first promise and not general  to all as he have do judgement for the plaintiff
Carthew Laurence versus atherton foreign attachment plead ill debt upon bind c  the defendant plead the custom of foreign attachment in London videlicet that  on such a day t S enter a plaint c against the plaintiff Laurence in London  and upon process against he non be invention be return and thereupon a  suggestion be make that he have so much money in the hand of the defendant  Atherton and that he the say Atherton be attach by the say money and so show  all the proceed thereon and upon a demurrer to this plea it be adjudge ill  because it be lie that the defendant who be the garnishee be attach by the  money in big hand whereas it ought to be that Laurence the defendant in the  action in London be attach by the money in Atherton S hand for so be the  custom and so the defendant have lie it to be in his plea
Carthew leigh versus brace hill will b r rot see SC salk with note Mod SC  conveyance by way of use shall be construe accord to the intention of the  party Danv p upon a special verdict in ejectment the case be as follow sacred  scripture Walter brace be seize in fee of the land in question make a  voluntary feoff thereof to a and b and their heir to the use of Walter brace  for life and afterward to the use of Thomas brace and his heir for ever and  for default of issue of the body of Thomas brace then to the use of the right  heir of the say Walter brace Walter brace die and Thomas enter and by his will  devise those land to the lessor of the plaintiff and then die without issue  and the defendant be right heir to Walter the feoff the question be whether by  the limitation of the use in this feoff Thomas brace take a estate in  feesimple or else but a estatetail only as if it have be in a will for it be  agree on all side that such a limitation in a will will be only a estatetail  because the limitation of a remainder over upon his die without issue h b raze  Ent a ass plea dyer cro Elizabeth more Yelv cro car W Jones knight S case Rep  roll Abr Leon cro the rule for judgement be Pas car roll Abr light Rep style  beek S case Carthew er p of his body show that it be only intend the heir of  his body and the intention of the testator govern his will but this be a  conveyance in the lifetime of the feoff will make a difference as it be object  say per curian it make no difference because it be a conveyance by way of use  which have be always construe like will with respect to the intention of the  party and be not tie up to the strict form of conveyance at commonlaw and so  it be adjudge in c b upon this very f deed upon a special verdict there upon  which judgement the now defendant recover the possession and so the lessor of  the plaintiff bring his ejectment here judgement for the defendant Carthew de  term paschae year William b r
Carthew matthews versus erbo a foreigner be outlaw and a ship be take upon a  special capias utlegatum now though the person outlaw never be in England the  court will not vacate the outlawry stat W m c salk stat Elizabeth c erbo who  be a foreign merchant and never in England be outlaw at the suit of matthews  in a action on several promise for good sell and deliver and upon a special  capias utlegatum a ship and other effect belong to erbo be seize as forfeit  upon this outlawry and now it be move that this outlawry may be vacate and  restitution award upon affidavit produce and read that the defendant be never  infra law I e that he never be in England and therefore can not be outlaw  because that be put he extra law say per curian this outlawry shall not be  vacate upon such affidavit but the defendant may bring a writ of error which  he be compel to do and thereupon to put in bail to the action in which he be  outlaw accord to the new statute and then the plaintiff consent to the  reversal of the outlawry notam this be a very good project to get bail from a  foreigner
Carthew neath versus reeve Trin W m b r rot judgement reverse for a variance  in the declaration Skinner S c error in b r of a judgement in the PalaceCourt  in a assumpsit and the error insist on be that the plaint which be the  original in that inferior court be general videlicet Johannes reeve to express  grief de t neath de plea transgression super grammatical case in the plaintiff  own and proper right but be declare as executor of Felix Bairam for so much  money receive to the use of the plaintiff as executor c et per curian this be  such a variance as be inconsistent and therefore the judgement be reverse
Carthew nightingale and fowl versus bridge mich W m roll where insensible word  shall be help by a verdict show S c Danv p in trover the plaintiff declare  quod cum they on such a day possessionat to be de good catallis sequen  videlicet de One nave peremptory or urgent call the James frigate load a large  de ten bombard England gun cum omnibus equipment apparent torment rope muni  con provision sclopis border all suppeditament eiden ship spectan sive  pertinent c upon not guilty plead the plaintiff have a verdict and damage and  now it be move in arrest of judgement for that the declaration be too general  and altogether incertain of what nature the good and chattel be and therefore  it be impossible Carthew er p for the defendant to make any direct answer to  it or to know to what matter he shall make defence at the trial and thereupon  judgement be stay till next term afterward in trinityterm another objection be  make to the declaration for that the plaintiff have declare inter alian that  he be possess de five hundred ponder balance of such a commodity c whereas  ponder balance be insensible for pondus be Latin for a weight and Iibrat be  weigh and for this the case in the margin be cite in point but the the  plaintiff have judgement for as to the first objection the declaration be  certain enough for the whole sentence be restrain by the last word eiden ship  spectan and it will be endless to set forth every particular in a ship and as  to the second exception that the word be insensible this help by the verdict  and the damage shall be intend to be give for that which be well lie
Carthew parker versus Mellor all hill will b r rot in replevin the defendant  plead property in another c salk Danv pl in replevin c for take two heifer the  defendant plead in bar that at the time of the take c the property of these  heifer be in one John Bamford without hoc that the property of they be in the  plaintiff et hoe parat be verify unde petit judgment si predict r Parker act  svan predict ind versus eos to have seu manutenere to withhold to strive for  etian return averiorum Himself adjudicar c and upon a demurrer to this plea it  be adjudge pasch will that this be a good plea in bar and that the defendant  shall have a return of the cattle award without any special suggestion for  that purpose
Carthew renew versus axton hill James rot statute of limitation a good plea to  a action bring on a bill of exchange Danv p v post comb show this be a special  action on the case on a bill of exchange bring by the endorsee against the  drawer the defendant protestand that the say bill of exchange do not concern  merchandise between merchant their factor or servant pro plea quod ipse non  assumpsit super see infra sex aged c the plaintiff demurrer to this plea  suppose a bill of exchange to be a specialty and so not within the statute of  limitation but the court be of another opinion videlicet that it be a good  plea and so give judgement for the defendant
Carthew ride versus edwin and fleet Vic London mich will mark b r rot upon a  escape out of one of the counter the action must be bring against both the  sheriff show SC Danv p the case sacred scripture a prisoner in woodstreet  counter upon mesne process on a plaint levy against he c escape upon which the  plaintiff bring a action against both the sheriff of London and upon a  demurrer to the declaration the only question be whether this action be  maintainable against both the sheriff or whether it ought to be bring against  Edwin alone for the plaint be levy before he and the prisoner escape out of  his cro Devered v Ratclife roll Abr vidian Ent counter and by his negligence  alone it be true the case cite in the margin prove that the action shall be  bring against one of the sheriff alone but the modern precedent be otherwise  several such precedent be now produce where the action be bring against both  sheriff and in   Ent   Ent it appear upon the return of a habeas corpus that  both the sheriff have the custody of all the prisoner in both the counter and  by consequence this action be well bring
Carthew ROTTENHOFFER versus Lenthall the martial Pas will m b r rot plea in  abatement not good mich W the like judgement between Greenvil v Dighton upon  the like plea skin comb show SC Danv p see dyer a cro Mod Rep side keb lev  raym I keb vent before a action of debt upon escape bring against the marshal  in which the plaintiff have a verdict and judgement and in a action of debt  bring upon that judgement the defendant plead that he bring a writ of error on  the same thus far dependen indiscuss and conclude in abatement videlicet si  responders to turn the war thither to withhold c and upon a general demurrer  to this plea it be adjudge ill so the defendant be rule to answer over h cap W  Carthew er p
Carthew sander versus Owen salk SC Mod SC comb the case sacred scripture the  earl of Winchelsea be custos rotulorum of the county of ken after the make the  new statute I will concern the nomination of the custos rotulorum and clerk of  the peace for every county he Julii I will in open session then hold for that  county when the defendant Owen be present in court say these word videlicet I  do nominate the say Philip Owen to be clerk of the peace accord to the Act of  parliament whereupon he be forthwith admit and swear into the office and  execute it during the life of the earl of Winchelsea after who death the Lord  Rumney be appoint custos rotulorum and he by deed grant this office to sander  who enter and seize Owen who bring a assize in the county of ken all which  matter be find special before the chief baron ware who adjourn the assize into  the court of common plea where the single point argue be sacred scripture  whether by virtue of this statute the custos rotulorum may nominate and  appoint a clerk of the peace by parole without any deed or write and it be  adjudge in that court for Owen the plaintiff in the assize videlicet that a  verbal nomination be sufficient whereupon a writ of error be bring in b r and  after several argument the court One voice agree that a parole nomination be  sufficient but yet the court of b r reverse the judgement because the form of  the word use by the earl of Winchelsea in the nomination of Owen be  insufficient for he do not name any certain county of which he shall be clerk  of the peace nor distinguish what statute he intend for there be t two statute  which concern this matter and moreover by his add this word videlicet say  Philip Owen this altogether insensible upon this judgement a writ of error be  bring in the house of lord and there the judgement of b r be reverse
Carthew Shoreditch parish S case c salk SC where part of the inhabitant appeal  from a poorrate the session may vacate the whole the churchwarden and overseer  of the poor of the parish of Shoreditch make a rate towards maintain their  poor which be sign and allow by two justice of peace and upon a appeal of some  of the inhabitant to the session this rate be vacate because it appear to be  partial make charge the land only and omit the personal estate afterward the  churchwarden and overseer c make a new rate charge all real and personal  estate from which several of the inhabitant do likewise appeal to the session  complain that though the personal estate be name in the rate yet the land be  charge with nine part in ten more in proportion than the personal estate and  this be find to be true in fact the session vacate this second rate and order  the churchwarden to make a new and more equal rate and now it be move that  this last session order may be quash for that upon a appeal of some of the  inhabitant only the session have no authority to vacate the whole rate but  only to relieve the party appeal say per holt chief justice it be impossible  to give relief to every particular person because the whole rate be illegal  and the word of the statute concern appeal be very large that the justice in  session have authority upon a appeal to vacate the whole rate if they find it  to be illegal and that in such case they may have make a new rate themselves  or they may have direct the churchwarden to do it wherefore the order be  confirm
Carthew spark versus cross comb SC Danv p the defendant be sue as general  administrator and plead in abatement that he be a special administrator c comb  vent action against the defendant as general administrator he plead in  abatement that he be but a special administrator during the minority of his  wife but do not aver that she be still under age and for that reason there be  judgement against he to answer over then he plead in bar that puis darrein  continuance his wife die which be from the last term but this be overrule  because it be contrary to what be now admit on record so judgement be give  against he
Carthew STOKELD versus COLLINGSON action bring by a commissioner to take the  deposition of witness for his labour salk show SC comb SC I Danv p cro Yelv  more and foster action on the case on several promise the first be special  videlicet whereas the plaintiff at the instance of the defendant serve as a  commissioner for the defendant in a certain suit depend between he and t S in  the exchequer the defendant in consideration ind promise to pay the plaintiff  as much as he shall deserve for his labour and pain therein the other be  general promise in the common form c after a verdict for the plaintiff and  entire damage give it be object that such damage ought not to have be give  because the special promise be void for that a commissioner extraordinary ad  to weigh testes either in the court of chancery or exchequer be a officer of  the court in who a trust and confidence be repose by the commission and ought  not to be at the nomination of the party h cap raze Ent raze Ent   Ent Carthew  er p and therefore the plaintiff in the execution of the commission do no more  than what be his duty for which he ought not to be reward by the party because  it look like bribery but adjudge per totan curian that this action well lie  upon this matter for though a commissioner be a officer of the court yet they  can compel he to attend against his will and therefore the party be to take  care to name such person who will serve therein and this reasonable that it  shall be at the charge of he for who he officiate the plaintiff have judgement
Carthew the case OF bridewel precinct salk SC extraparochial place may be tax  to contribute to the relief of the poor salk lev Mod Mod one who have be a  apprentice for seven year to a master of bridewel hospital and be out of his  time and have receive the charitymoney towards set up his trade accord to the  institution of the hospital remove from thence and set up his trade in  Clerkenwel where he marry and have child and now be Chargeable to that parish  be by the order of two justice send to the precinct of bridewel as be the  place of his last legal settlement and it be recite in the order that bridewel  be extraparochial for that reason this order be quash because the statute  concern settlement of the poor do not extend to extraparochial place but that  be casus to let go say per holt chief justice extraparochial place may be tax  by way of contribution in aid of a parish overcharge with the poor
Carthew the king c versus champion salk Mod comb upon a certiorari to remove  the order of two justice and upon the return thereof it appear to be a order  to compel champion to pay wage recite to be due to a daylabourer not retain by  the year accord to the statute Elizabeth and it be hold clear by the court  that this order be void because the justice of peace have no authority concern  the wage of servant but only of such who be hire by the year accord to the  statute and who be hire in the service of husbandry which not appear in this  order as it ought it be therefore quash for the statute take no notice of any  other service and the justice have no power concern wage but what be give by  that stat
Carthew the king versus martin session confirm a poorrate but do not set forth  that it come to they by a appeal salk Mod comb the quartersession in  Devonshire make a order recite that the overseer of the poor of such a parish  have make a rate by particular assessment on the inhabitant for the  maintenance of the poor of that parish for a year by which order they confirm  that rate but there be no recital of any appeal to they in session from a  order of two justice to who the original jurisdiction of confirm rate for the  poor be give by the statute Elizabeth cap now this order of session be remove  into b r it be move to quash it for that they have take upon themselves beyond  their jurisdiction videlicet the original conusance of rate to the poor with  which they have nothing to do but upon a appeal and therefore this order be  void but on the other side the original rate make by the overseer be produce  and it appear to be actual sign by two justice and Martin S appeal to the  session endorse thereon and some affidavit be read of the truth of that matter  notwithstanding no mention be make thereof in the order of session urge also  that Martin who remove the order be a litigious person and refuse to pay any  proportion towards the relief of the poor but the court quash the order  because by the statute the original jurisdiction in this matter be give to the  two next justice and the session have no power but upon a appeal of the party  grieve and therefore this necessary that the appeal shall be mention in the  session order otherwise it must be take that they act without any power and no  collateral averment in affidavit can help this defect because the authority of  the session must appear in the order it self
Carthew Tilney versus norris to go into Trin will b r rot salk SC Danv p  covenant against assignee of lessee for year who in truth be administrator of  the assignee but sue as assignee and hold good I and roll ab b cro James sand  salk a action of covenant be bring against the defendant as assignee of lessee  for year recite the lease make to e g c pron  interrog  status residuum  termini a year c come to to the defendant per distribution of land and the  lessee have covenant in this lease to repair the breach assign against the  defendant be for not repair c and in evidence upon the trial of the cause it  appear that the defendant be only administrator to the assignee of the lessee  and that by virtue of such administration be enter and be possess and the  premise be out of repair this action be bring against he as assignee and not  as administrator and it be make a case for the opinion of the court whether  this action be well bring against he as assignee for if it be then he be  Chargeable de good not common with others and not de good having made no will  and it be adjudge for the plaintiff that the action be well bring against the  defendant by the name of assignee
Carthew WALWYN versus smith Trin W m b r rot Mod SC I salk SC discontinuance  of process be cure by a verdict show SC carter contra sand Writ of error on a  judgement in a inferior court of record and the error assign be a long  discontinuance of the plea which appear on the record it self for after the  plaint enter and the appearance of the defendant c there be no die act of  giving nor any court return to be hold in a quarter of a year together but the  entry be that upon such a day so long after the party come into court  superinde c say per curian this be after a verdict the discontinuance be cure  by the statute of Jeofails which statute do extend to inferior court of record  the like judgement be give in this term in a writ of error between boson and  Phyler where a discontinuance be assign for error after a verdict and  judgement in the court of the city of exon and the judgement be affirm in both  case
CARTLIDGE against eyles bart hilary geo at nisi prius plaintiff have a verdict  and on a motion for a new trial the court be divide in opinion and no rule be  make plaintiff be at liberty to sign final judgement chapel for plaintiff Eyre  for defendant
cartwright against gardener Skinner move for the plaintiff to amend the  issueroll by strike out the award of the venire facias by ten tale and award  the common venire facias this be oppose by Hawkins for defendant and there be  nothing to amend by the court do not make any rule
cartwright against gardener trin geo two barn S c amendment of a record by  strike out the entry of a view there be nothing to amend by Vid Hamson v  chamberlain ante p thomson a view from the assize and the whole entry on the  record since the issue actual make move to strike out the whole entry relate  to the view upon a allegation that the plaintiff can not proceed thereon and  cite a case between Bratcher and Colton where the same be grant in Hilary term  last in Mr cook office the court say such rule be obtain by surprise and that  such alteration can not be make unless by some entry to amend it by
cartwright and BUCKNEY executor in debt on obligation after parole assignment  of the term the same as be bring by the testator car the court conceive the  action lie well enough on the contract send adjornatur
cartwright and Pinkney hill car h rot ante rend debt by the plaintiff the  administrator of Winston who devise to the defendant for year a barn and tithe  if W live and for arrear in life of W the action be bring the defendant plead  former demise by the dean and chapter of Lincoln to the defendant for life and  that he demise to W for year if W so long live who after demise to the  defendant and hereby be of the whole term as hoe conceive it be surrender and  so no rend due to which the plaintiff demurrer because the rend be still due  upon the contract as upon a assignment which though no rend be incident to the  reversion yet its in the nature of it a sum Payable for the land as a rend and  not as a sum in gross at several day and not in one and be this by indenture  it will be clear good and its well without as Cr Witton and bies case where it  do not appear to be by deed yet agree Payable as a rend but go by release of  all demand which discharge the first contract also a deed will only make it  rentsecke no real contract no more than here and the declaration be of demise  and though it be a surrender to some intent yet not as to all the defendant  show no deed of his estate for life hale chief justice on Mansels case say  that on assignment of the term reserve rend by indenture it be hold no sum in  gross and hill car Spachurst and Minnes case debt on assignment of the term by  deed rule it lie before the last day be rend and no sum in gross and agree  that bad the assignment be without deed it have be a good rend if so its a  executory contract and as a execution of part it will be apportion Keble so  debt may be for any day arrear per curian this be a rend and the contract  remain and judgement for the plaintiff
cartwright case Cartwright pray a prohibition and the case be this a lie sick  upon his head make his will and afterward say unto his executor name in the  will I will that b shall have twenty pound more if you can spare it and the  executor answer and say yes forsooth but no codicil be make of the same legacy  and a bill be prefer in the spiritual court for the legacy whereupon the  executor pray a prohibition and it be hold by this court that although this  Godbolt court have not power to hold plea of the thing libel for there in the  spiritual court yet it have power to limit the jurisdiction of other court and  if they abuse their authority to grant a prohibition Vid h but it be doubt  whether the spiritual Godbolt er p court as this case be may give remedy to  the person for the legacy for the same not be annex to the wi_ll by a codicil  it be but trust undertaking and so the doubt be whether the spiritual court  may hold plea of it for if they can hold plea of it then in this case a  prohibition may he lawful grant although that this court have not power nor  jurisdiction of the thing it self the court will he advice of it and therefore  it be adjourn pasch James in the king bench
cartwright contra Pettus Ireland No partition here for land there Cartwright  exhibit a bill against Pettus they be Jointenants of land in Ireland the  plaintiff pray a account of the profit and a partition of the land Feb the  Lord chancellor declare that as to the profit the bill be good the person be  in England for they be in the personalty but as to the partition which be in  the realty he can not here proceed for he can not award a Commission into  Ireland and the bill for a partition be in the nature of a Writ of partition  at the commonlaw which lie not in England for land in Ireland see before and  the note there case in chancery de boundary paschae year king car two in  cancellar
cartwright versus Pinkney raym lev Mod before keb tenant for year surrender to  the lessor reserve a rend the question be whether it be a good reservation and  hold that it be upon the contract and that debt lie after the first day be  incur wherein it be reserve to be pay for it be in the nature of a rend and  not of a sum in gross before Wilston and Pilkney
cartwright versus Underhill trover and conversion bankrupt a action of trover  and conversion be bring by Abraham Cartwright against clement Underhill and  upon not guilty plead there be find a special verdict to this effect Hutton er  p Francis bail be a merchant have make a fraudulent deed to the defendant of  the good contain in the count but afterward he go abroad to church to the  exchange and do trade and commerce Hutton and yet afterward it be contain in  the indenture of sale by the commissioner to the plaintiff that he have make  this fraudulent deed and that afterward he have trade and serve the exchange  until a day after at which day he whole absent himself and upon this special  verdict the defendant have judgement for every deed to defraud other creditor  but those to who such deed be make be not sufficient to make one to be a  bankrupt but if he make any deed after he begin to be a bankrupt it shall not  bind but upon the statute of James which make he a bankrupt which make  fraudulent deed it ought not to be as this case be videlicet so long before be  become a bankrupt and there be many more imperfection in the special verdict  hill James
carus case Peter Carus be indict for draw his sword in westminsterhall the  court then sit in resist the sheriff who be make a arrest and be find guilty  upon his arraignment it do appear that this fact be do upon the stair of the  court of request out of the view of the court yet it be hold that be in the  ball it be as much as if it have be in view of the court but because the  indictment be not good for it be not in person queen as it ought to be the  judgement be only to have perpetual imprisonment and to pay fine to the queen  but if the indictment have be as we have see a precedent in I Edward then the  judgement ought to be to have his hand cut off and to forfeit all his land and  good and to have perpetual imprisonment Edward Cromptons justice mich jacob
CARVELL executor of dodsworth versus Edward Trin W m rot Carthew debt upon  bind and likewise upon a judgement due to the testator dodsworth the defendant  plead in bar letter of licence under the hand and seal of the testator which  be make between the defendant and his creditor to which the testator be a  party recite that whereas the defendant have a right in such a house it be  thereby agree that he shall give power to the testator to sell the same and to  divide the money in proportion among the creditor and that upon receipt of  such their proportion every of the say creditor shall give the defendant a  release of all matter c before the agreement and it be far agree that in the  mean while and until the say house shall be sell and from thenceforth after  the say William Edward shall not be sue or prosecute at law or his person or  good molest by any of the say creditor name in the say article or any thing  pass sub pcena relictionis holt KB exonerationis debt is owed well debtor such  a mask as shall so sue or prosecute c per holt c j this be a defeazance and no  release and he cite more and the whole court be of that opinion and that it be  a good defeazance be pleadable in bar see postea between iliff and Scrimshire  the same point not title release
carver against pierce car banc Reg arrest of judgement in a action for word  carver bring a action upon the case against pierce for speak these word of he  thou art a thief for thou have steal my dung and have a verdict the defendant  move in arrest of judgement that the word be not actionable for it be not  certain whether the dung be a chattel or part of the freehold and if so it can  be theft to take it but a trespass and then the action will not lie Bacon  justice dung be a chattel and may be steal but roll justice answer dung may be  a chattel and it may not be a chattel for a heap of dung be a chattel but if  it be spraed upon the land it be not and say the word thief here be actionable  alone and there be no subsequent word to mitigate the former word for the  steal of dung be felony if it be a chattel Bacon justice say it do not appear  in this case of what value the dung be and how shall it then be know whether  it be felony or petty larceny to this roll answer the word be scandalous  notwithstanding and actionable though the steal of the dung be not felony the  rule be to move it again tue day next
CARVIL and manly mich geo I justification in trespass and false imprisonment  by cap utleg Mod can trespass and false imprisonment first of October Geo and  from thence for seven month imprison the defendant plead a outlawry and  warrant by virtue fortescue er p of which the plaintiff be take the same first  of October at York the imprisonment be lie in Middlesex and continue in prison  for the same time which arrest and imprisonment are ead insult imprisonment  detent c without hoc quod culp in Mid seu alibi out of York city or at any  time before the delivery of the writ of outlawry to the sheriff or after the  return of the say writ to which plea the plaintiff demurrer and show for cause  fortescue that the defendant do not aver that the cap outlaw be file and  remain of record and do not say prout to stand open per record and upon this  judgement be give in the common plea for the plaintiff that the plea be nought  and on a writ of error bring in b r judgement be affirm the traverse be hold  nought who be ead transgression be good without any traverse and he say first  it be the same imprisonment I e for seven month and yet in the traverse which  be any time before the delivery and after the return so leaves out all the  time between the delivery and the return which the court of common plea say be  incurable so a ill plea per both court vide Courtney and Satchwel post
caryi anonymous copyhold possession of the mother for the heir collateral a  copyholder in fee have issue a daughter and a son by two venture the lord  commit the custody of the land and of the son to the mother who take  theprofits and the son die before any admittance this copyhold be order also  for the heir collateral against the sister of the half blood because the  mother possession serve for the son year Elizabeth ibidem
caryi anonymous executor how upon trust notam and executor non poit estre a  trust unless be have a especial gift in the will and that may then be in trust  otherwise the general trust of a executor be to pay debt and legacy and of the  surplusage to account to the ordinary in blessed dead use Elizabeth that June
caryi anonymous feoff punishable for make estate at the wife request during  the coverture a man be feoff to the use of a woman sole which take a husband  they both for money sell to b the land which pav it to the wife and she and  her husband do pray the feoff to make estate to b afterward her husband die  now by the chancellor and all the justice she shall have aid against the first  feoff by subpoena to satisfy her for the land and if the second feoff be  conusant a subpoena shall be against he for the land for all that the wife do  during the coverture as they say shall be take to be do for fear of the  husband Edward Subpna Fitzherbert caryi er p
caryi anonymous feoff to use as concern confidence secret knit to estate it  have manifold consideration first if my feoff upon confidence do feoff another  good fide that know not of the confidence I be without remedy Fitzherbert subp  but if the second feoff have notice of the use he shall be compel here to  perform it Edward caryi er p
caryi anonymous payment without acquittance a man pay debt upon a single  obligation without take acquittance therefore this will not discharge he at  commonlaw but he shall be relive therein in chancery quare e by the party oath  but not by witness
caryi anonymous thing leave to the conscience of the party sometime equity  help a man to that for the which there be no law of man provide folio ibidem  sometime equity follow the meaning of the party in their contract ibidem where  a common inconvenience will follow if the commonlaw be break there the  chancery shall not help for albeit the part can with a good conscience take  the advantage of sundry thing to which he come yet the court of conscience be  not thereby bind to help the other but must leave some thing to the conscience  of the party himself Mews dig title maxim
caryi ASCHUGHE v skelton injunction si ita sit to stay judgement and execution  the plaintiff set forth by his bill that where there be a suit depend in the  duchy court between the defendant and Christopher Aschughe his brother for  certain land it be agree and the plaintiff be bind to the defendant in one  hundred pound that the say Christopher shall become bind by obligation in the  sum of one hundred pound the that day of June follow and shall then also make  unto he a release and the defendant be also bind by obligation in fifty pound  to pay the say Christopher a sum of money the that of June in the parish  church of dale and because both the day of performance of the condition of the  say several obligation be so near together therefore it be agree that when the  defendant pay his money the say Christopher shall make his bind and release  and show that the nine day of June the defendant come not himself but send his  servant to pay the money and Christopher be there ready to make the bind and  release to the defendant and offer to deliver the same to the defendant  servant but they refuse to accept thereof and afterward the say Christopher  offer the same to the defendant but be likewise refuse to receive the same and  yet put the plaintiff bind of one hundred pound in suit in the king bench  hereupon a injunction be grant with a clause si ita sit to stay all further  prosecution of any action in any the queen court at the commonlaw be elsewhere  upon the bind of one hundred pound against the plaintiff and also the take of  any nisi prius or judgement or execution upon judgement if judgement be  already give upon the same bind until the defendant have make a perfect caryi  answer and the court take other order Aschughe plaintiff Skelton defendant  year Elizabeth fol
caryi ayland v bacon injunction to stay proceed in judgement or execution a  injunction be award against the defendant to stay his proceed in the sheriff  court of London or elsewhere upon debt of one hundred pound not to proceed to  trial judgement or to execution if judgement be give John ayland plaintiff  Francis Bacon defendant year Philip mark fol
caryi Brightman v POWTRELL cost for want of a bill show the subpoena but  deliver no note of the day of appearance and attachment for such serve the  plaintiff come to the defendant S red he a writ but do deliver he neither note  of the day of his appearance neither do the same appear unto he by the  schedule label or any other paper and the defendant appear find no bill it be  order the defendant be allow good cost and a attachment against the plaintiff  for such serve Brightman plaintiff Powtrell defendant year Elizabeth f
caryi croker v hambden affidavit for serve a subpoena Robert Hodgeson make  oath that he leave a subpoena to make a better answer upon the door of the  lodging of the say defendant be at the sign of the maidenhead without temple  bar whereas both by the report of diverse of the neighbour thereabouts as by  the recourse of her servant to and from at the same time by all presumption  she the say defendant be then in the say house and yet she have not make a  better answer therefore a attachment be award against the defendant croker  plaintiff hambden defendant year Elizabeth
caryi Crompton v Meridith day give to the sheriff to return a attachment upon  pain of pound a attachment be deliver to the sheriff to execute who do not  return the same and upon affidavit of the delivery a day be give to return the  writ upon pain to be amerce five pound Crompton plaintiff Meridith defendant  year Elizabeth
caryi cut v marriage portion recover at commonlaw and reverse in the exchequer  help in chancery one cut bring a action upon assumpsit for one hundred pound  against the executor of a testator that promise the money in marriage with his  daughter and recover at the commonlaw which judgement be reverse in the  exchequer Chamber but cut seek help in chancery where it be prove that the  executor have asset for funeral debt and legacy with a good overplus to  satisfy the complainant and therefore after hear and report thereof by dr  Stanhope and Mr Lambert it be decree for the complainant but the executor  caryi er p exhibit his bill for remedy upon which justice Owen think he be not  to be hear till he have satisfy the decree and then also but only upon new  matter not thus rest the executor exhibit a second bill which be refer to  master Lambert but he excuse himself that he be not to judge in his own cause  and recommend it to the censure of the Lord keeper who order the executor to  perform the first decree mich Elizabeth
caryi dodderidge v lasly Consil dodderidge plaintiff lasly defendant upon oath  make before the mayor of Exeter of the descendant impotency and unfitness to  travel a commission be grant to take his answer in the country year Elizabeth
caryi dowche v perrot injunction for the defendant possession the defendant be  in possession at the time of the bill exhibit and the plaintiff enter upon he  after the bill there before a injunction for the defendant against the  plaintiff William dowche plaintiff John Perrot defendant year Elizabeth fol  Mews dig title injunction b in what case grant to quiet possession
caryi geoffrey v geoffrey a injunction be grant against the defendant to  deliver to the plaintiff certain plate contain in their petition or else to  appear and show cause in leg anim prox year Philip mary fol David geoffrey and  John geoffrey plaintiffs and Thomas Davis defendant
caryi hodge v sauth a demurrer put in and the defendant appear not in person a  subpoena to make direct answer Thomas Hodge plaintiff W smith defendant the  defendant demurrer by his counsel not appear in person therefore a subpoena be  award against he to make a direct answer year Elizabeth fol caryi er p
caryi HOLLINGWORIH v Lucy upon a commission warning give but to one defendant  a new commission be grant and the defendant to have the carriage a commission  to examine witness on both part upon fourteen day warning to be give to the  defendant Lucy one of the defendant make oath that neither be nor Varny have  any warning but if any warning be give it be give to smith the other defendant  who be little interest in the cause but make a party as the defendant counsel  suppose to take away his testimony from the other defendant therefore order a  commission be award whereof the say Lucy shall have the carriage direct to the  former commissioner and fourteen day warning shall be give to the plaintiff  and he to examine if he will Hollingworth plaintiff Lucy Varney and smith  defendant year Elizabeth Mews dig title evidence VII examination of witness  under Commission or mandamus second Commission
caryi lane v bindon viscount a decree for the plaintiff yet put out of  possession by the defendant a decree be make for the plaintiff for a copyhold  tenement and yet the defendant put the plaintiff out of possession  notwithstanding the say decree and the Lord keeper do write his letter to the  defendant to suffer the plaintiff to enjoy the same tenement accord to the  decree lane plaintiff the Lord Howard viscount bindon defendant year Elizabeth
caryi peris v thomas a subpoena show and offer attachment for not appear  forasmuch as the mayor of Barnestable have certify that John Barker make oath  before he that he do show and offer to deliver to the defendant a subpoena  which he will not accept and have not appear therefore a attachment peris  plaintiff Thomas defendant year Elizabeth
caryi pike v grant the plaintiff be in execution at the suit of the king and  be no just cause therefore he be deliver by supersedeas where the say Edward  pike have of long time be and yet be in execution upon a statute at the suit  of the late king Edward the six forasmuch as upon the examination of the  matter before the Lord keeper of the great seal of England in open court it  manifest appear that there be not just cause why the say pike shall remain in  execution as Gilbert Gerrard and Rosewell esquire the queen majesty attorney  and solicitor general be present do confess and agree it be therefore now  order that a writ of supersedeas be direct to the warden of the fleet in who  custody the say pike now be command he by the same forthwith upon the receipt  thereof to deliver out of prison the body of the say plaintiff provide always  before his deliverance he be bind to her majesty by recognizance in one  hundred pound not only to make his further appearance to answer her highness  any thing hereafter shall happen to be lie to his charge concern the say  execution but also to stand to and obey all such order and determination as  the say Lord keeper of the great seal and this court shall hereafter take in  the matter in variance between he and the say grant Edward pike plaintiff  Robert grant defendant year Elizabeth foe
caryi richers v STILMAN a defendant appear gratis a attachment be out be  commit a attachment be award against the defendant for his not appearance upon  oath he be serve with a subpoena who now appear gratis and will have excuse  himself that he have no notice of the subpoena but he that serve the subpoena  depose be do hang the same upon the defendant door and within half a hour  after see he abroad with a writ in his hand which he suppose to be the  subpoena therefore he be commit to the prison of the fleet Bernard richers  plaintiff Thomas Stilman defendant year Elizabeth fol
caryi swain v rogers turn of watercourse from mill help Inter swain and Roger  the case be in effect a assize of nusans for Roger disturning the trench and  pluck up of stake of swain mill leet and make a bank or dam beneath that make  the water reflow so as the wheel can not go and exception take that the court  shall not hold plea thereof send opposite direction adjudica many cause of the  same manner end here and this special for Roger a great man in the country  swain a professor of the law who seek hereby to avoid multiplicity of suit per  Warburton justice but upon a second hear at the roll refer to a commission of  sewer hill James Mews dig title sewer and drain commissioner power and  jurisdiction of title water c stream NonNavigable river and watercourse  infringement of right a diversion and abstraction of water
CARYS case in Carys case of GraysInn where these word be adjudge actionable  you a counsellor a fool a ass a hangman a counsellor of law a fool in the  profession it be say by Jones justice it be not sufficient to say that he be  to educate in lege but he ought to say that he be a human being conciliarins  and he say that in maintenance against Boughton it come in question upon  evidence to a jury whether one who be a barister may give advice and it be  rule he can not albeit he have letter patent to enable he as full as if he  have be call to the bar and in fleetwood case adjudge that these word you the  king receiver you be his deceiver be you not be actionable the same term in  the same court sir though Savill be indict for breach of the peace within the  palace to wit for assault sir Fran Wortley and he plead his pardon and  Doderidge say that to strike three the palace be the loss of the right hand by  the law and in this point our law agree with the law of France and Spain and  all other nation for as the person of the king so his palace and court of  justice be so sacred that such contempt and affront be judge worthy of such  punishment and say that the book of e Fitzherbert forfeiture of which he will  have student to take notice be that where one come into the palace arm and be  bring to the bar in his complete armour the cause be demand and he say that it  be in his own defence be in fear of a great man then in court and he be commit  to prison by the court during the king pleasure and his land forfeit during  his life vide for the like matter e Fitzherbert Coron dyer e Popham hill car  in the king bench
case a delay against come queen if the king patentee of forest land belong to  the crown can prescribe in non decimand hetley more lev   a cro Elizabeth  style burr a delay lessee of the earl of Hertford against come vicar of  Lirbeck pray a prohibition to stay a suit in the spiritual court for tithe  because the land be parcel of the forest of bear whereof king James be seize  in fee in jure coronae and he and all his predecessor hold it discharge of  payment of tithe and grant it to the say earl of Hertford in fee and so he  ought to hold they discharge and it be doubt whether the patentee may have  such privilege or that it be only a privilege annex to the crown during the  time that the land be in the crown but it be grant de bene be unless cause be  show to the contrary such a day a a vide Hartford v leech W Jones where after  diverse argument at the bar it be adjudge that the king may prescribe in non  decimand because he be mask to mix but that this be a personal privilege and  therefore his grantee shall not have the benefit of it S p hard roll Abr croak  car er p
case abbot against more a promise by the grantor of a rend charge to pay it to  a three person in consideration of a debt due to he from the grantee will not  maintain a assumpsit S C keb post Mod ld raym stram stram term Rep a action  can be discontinue after verdict post sand cro Elizabeth roll Abr pl pl see  lev side native n Lutw the plaintiff declare that whereas one William more be  indebt to he two hundred and ten pound and whereas the say William more have a  annuity out of the defendant land that the defendant in consideration that the  plaintiff have agree that the defendant shall pay so much money to the  plaintiff the defendant do promise to pay it modern after a verdict it be  object in arrest of judgement that here be not any consideration and the court  be of that opinion the plaintiff will then have discontinue the action but the  court will not suffer that after a verdict modern er p
case abbot against rookwood if a bind be condition to pay ayear or l the  obligor have a election but if he neglect to pay the on any of the day of  payment it be a forfeiture of the penalty   light more side Bac Abr dougl debt  upon a obligation of three hundred pound the defendant demand oyer of the  condition which be that if he pay to one Allen or his heir annual twelve pound  at midsummer and Christmas or pay to he or his heir at any of the say feast  one hundred and fifty pound then the obligation shall be void and it be  thereupon demurrer Bridgman for the defendant allege that the obligor and his  heir have election at any time to pay the twelve pound or the one hundred and  fifty pound and that there be not any breach as long as he life so the action  be bring where there be not any breach but all the court hold that the  obligation be forfeit for true it be as the obligor have election to pay the  one or the other so he ought to continue the payment of the twelve pound  annual until he pay the hundred and fifty pound and he may determine the  payment of the twelve pound by the payment of the hundred and fifty pound and  forasmuch as he have not allege payment of the twelve pound or one hundred and  fifty pound the bind be forfeit wherefore it be adjudge for the plaintiff a  see car c by which tenure by knight service be change into free and common  soccage croak James er p
case abbot against Rugeley Pleapuis darrein continuance must be certify as  part of the record of nisi prius S C Freem the plaintiff declare in a action  of assault and battery to which the defendant plead not guilty and at the  assize a plea be put in puis darrein continuance and a demurrer thereunto the  court be clear of opinion that if the plea have be issuable it can not have be  then try neither can the demurrer be there argue but must be certify up hither  by the judge of assize as part of the record of nisi prius Yelv Hawkins v more
case abbot and alice his wife against Blofield see Jones v Cuthbertson lr Q b  a assumpsit by husband and wife for money have and receive ad damnum the dawn  be bad ante roll Rep salk Mod will term Rep c b assumpsit whereas the  defendant receive of the plaintiff money by the hand of the plaintiff wife c  that the defendant in consideration thereof promise to croak James er p they  to pay it at such a day and allege the breach for nonpayment the defendant  plead non assumpsit and it be find for the plaintiff and move in arrest of  judgement that this promise be void be for money of the husband and wife and  ad damnum the dawn can be for a feme covert can have good with her husband and  although it be object that it may for money due to the wife dumb sola to be or  for rend during the coverture it be hold that it shall not be so intend  without it have be show wherefore it be adjudge for the defendant
case abbot vers burton in c b a settlement by the heir on the part of the  mother to the use of himself in fee shall be to the old use this case be much  more full report in Mod refer to below salk SC Mod SC lev hark   Litt a will  Str will SC bro p c SC hark   Litt b n in a action of ejectment upon a special  verdict the case appear to be this stone seize of land as heir on the part of  his mother levy a fine and suffer a recovery and declare the use to himself  for life and then to his wife for life then to the first and other son in tail  remainder to his own right heir and if the fee be in he as the old use and  shall descend to the heir of the part of his mother or shall descend to the  heir of the part of the father be the question and after argument it be now  resolve by the whole court that it be the ancient use and shall descend to the  heir of the part of the mother and Trevor c j give the opinion of the court  comens de boundary pasch Anna in c b
case abbot versus lee and cuthbert all cite arg in walker v den Ves jun devise  how far the court will consider money direct to be lie out in land as land  George Cuthbert have issue William Edward jane and mary may by his will devise  to his say two daughter pound apiece and order the same shall be lie out in  the purchase of land by his executor within one year after his decease to the  use of his say two daughter and the heir of their two body and in case either  of they shall die before marriage that the sum of pound part of the portion of  her so die or if the S shall be lie out in land that so much land that shall  be of the value of pound shall go to the survive sister and the other pound be  the residue of the legacy of her so die or land to that value if such purchase  shall be then make shall go to his two son equal to be divide betwixt they and  their heir and make jane his relict and Henry lee his executor William and  Edward the two son die without issue jane also die unmarried mary survive and  marry Thomas abbot the plaintiff and die without issue the plaintiff take  administration to his wife and in Trin exhibit a bill against the executor and  William Cuthbert the heir at law to have the pound and pound pay to he as  administrator to his wife the defendant Cuthbert insist that the money by the  direction of the win be to be invest in land within a year after the testator  decease the money ought now to be look upon as land and if a purchase have be  make accord to Vernon chancery case the Vernon chancery case er p direction of  the will it will have descend to he he be heir at law to the testator and to  his four child the legatee but the court decree the pound and the whole pound  to abbot as administrator to his wife vide simons v butter ante p
case ABDELARD against on a agreement to pay l at l ayear and on failure to pay  any l then to pay the whole a action lie for the l on neglect to pay any  instalment on the time appoint for the payment of it a man by marriage article  be to pay fifty pound at five pound ayear until the whole fifty pound shall be  pay and in failure of payment of any five pound then he be to pay the whole  modern report the question be whether upon failure of payment of one five  pound a action can be maintain for what be then due it be argue that it can  not until all the day of payment be pass beside the statute whether c for  amend the law give the judge power upon payment of principal interest and cost  to discharge a man after judgement obtain against he for a penalty and this  shall be deem a equitable penalty the court the power give to the court by the  statute be to stay all proceed on payment of all that be due and in the  principal case all the fifty pound be due and no part of it be a penalty the  defendant by the condition of these article have only time for the payment of  the money by parcel as therein direct the benefit of which condition be now  lose by his breach thereof so the plaintiff have judgement but this seem to  apply only to action of assumpsit Beckwith v not cro James peck v ambler cro  car peck v Redman dyer tailor v foster cro Elizabeth cook v Whorewood sand for  in the case of rudder v price c b Hilary term Geo it be decide that a action  of debt will not lie on a promissory note Payable by instalment until the last  day of payment be pass h Bl Rep see also countess of Plymouth v Throgmorton  Mod a michaelmas term the nine of George the first in the king bench sir John  Pratt Knt chief justice sir Littleton powys Knt sir Robert Eyre Knt sir John  fortescue aland Knt justice sir Robert Raymond Knt attorneygeneral sir Philip  York Knt solicitor general
case Abdi case a alderman of London can be elect into the office of constable  ante S C Jones more Mod Bac ab Bac ab Bl Rep Com dig Douglas hawk term Rep  term Rep b r John Abdi a alderman of London have a house at in the county of  Essex where it be pretend that constable shall be elect out of the inhabitant  in every house by presentment every year in the leet of sir William Hicks lord  of the say manor and leet the say alderman Abdi by the name of John Abdi  esquire be nominate in a leet hold such a day to be constable there for the  year follow and because he refuse one John duke be steward there impose a fine  upon he and deny he his privilege to be free by reason of his be a alderman  this be suggest it be move to have a writ out of this court direct to the lord  of the say manor or his steward to discharge he because he be a alderman of  London ought to be there resident the great part of the year and if absent be  finable and all the court hold that he ought to be discharge by his privilege  as croak car er p atorneys attend in court be discharge of such office of  constable and other office in the parish and although it be say he may execute  it by deputy and his personal attendance be not requisite by the custom of the  say manor yet non allocatur whereupon it be award that a writ shall be direct  to the lord of the say manor to discharge he
case Abraham against twig Hilary term Elizabeth roll a gift to a man and to  his heir male lawful engender be a estate in feesimple though limit by way of  use ante more   b   light   b roll Abr I and Litt Rep Plowd pale yellow use  Leon hob side ld raym avowry for rend the case upon demurrer be Peter dorm be  seize in fee and make a feoff to the use of himself and his heir of his body  and for default of such issue to Gabriel dorm and to his heir male lawful  engender and for default of such issue to the right heir of Peter Peter dorm  die without issue Gabriel dorm enter and devise that rend out of that land to  the avowant and die have issue and whether Gabriel dorm by the limitation of  this use shall have a feesimple or feetail be the question exception be take  to the avowry because it be not show when the devisor die so as it may appear  that this rend be afterward due say non allocalur for the matter it be move  whether it be a estatetail in Gabriel for although it he not limit to the heir  of his body yet be by way of use which be expound accord to the intent and as  will it shall he construe as a estate croak Elizabeth er p tail as Edward tail  pound Henry pl but all the justice Pophaii absent hold that it be a estate in  fee in Gabriel dorm and although it be by way of use it differ not from other  gift by deed and shall not have any other construction and it can be a  estatetail because there be not any body from who this heir male shall come  and so it be in case of a devisee as appear Henry pl wherefore it be then  adjudge for the avowant
case Abraham versus Dodgson the same day when a defendant have answer to a  discovery pray by a bill he can afterward demurrer to it though you answer to  the discovery yet you may demurrer to the relief a bill be bring for a  discovery the defendant answer to part and demurrer to part of the discovery  Lord chancellor the demurrer must be overrule for it be a absurdity after the  defendant have answer to the discovery that he shall afterward demurrer you  may indeed answer to a bill of discovery and demurrer to the relief but that  be quite different from what the defendant have do in the present case see fry  v pen bro Charles Rep price v James bro Charles Rep
case absor against French follow daw v Hawkins c b n S distinguish Arnold v  Holbrook lr Q b apply smith v Wilson ir r if a highway be foundrous a  passenger may go over the next adjoin land SC lev the defendant plead that  there be a highway from such a place to such a place that the plaintiff stop  the same so as he can not pass and therefore he go over the plaintiff close do  as little harm as he can and hold good upon demurrer for if the way be so foul  as be not passable I may then justify the go over another man close next  adjoin judgement for the defendant a
case accourt against swift and other easter term James roll to a joint  assumpsit against three each can several plead that he do not promise in  manner and form c SC comb error on a judgement in Ireland in a action on the  case on a joint assumpsit against several videlicet a b and c a let judgement  go by default b plead quod ipse non assumpsit modus et form prout c and c  likewise quod ipse non assumpsit modus et form prout c the issue be find for b  and c Mr pollexfen for the plaintiff the plead be nought for that they be  charge with a joint promise and therefore for one of they to say quod ipse non  c be no answer but it ought to be quod ipse non assumpserunt c unless you will  construe non assumpsit to be non assumpserunt and ipse to be Self sir John  holt e contra modus et form restrain it to the declaration well enough see  side Henry Legar v Randal hill car Adjournatur a
case acton against Barham venire facias error of a judgement in Sandwich the  error assign be because that in trespass of take his ox in d the issue be  whether the place where c be hold of he as of his manor of S by heriot c and  the v venire facias be award de Mcineto de d et S whereas it ought to have be  from S only and for this cause it be hold to he error although it be allege  that the award the venire facias from the v isne of d be but surplusage and  not error where the will whence the issue croak Elizabeth arise this also name  but it be thereto answer that this shall not help it for it be not award  accord to law and it may be there be many more return from d than from S which  the law will not allow of wherefore it be hold to he erroneous but judgement  be not then give say ddournatur a
case acton against hill Trinity term Elizabeth roll performance generali that  without show how may he plead to a affirmative covenant if it contain  multiplicity ante post   a Plowd more sand Cowp debt upon a obligation the  condition be that whereas the defendant be make subcollector of the subsidy by  the plaintiff if he give a sufficient account in the exchequer of all sum  which he receive and if he discharge or save harmless the plaintiff of these  receipt against the queen and procure to the plaintiff a sufficient  acquittance or discharge oh t of the exchequer as in the like case be use that  then c the defendant plead that he have account c and have discharge and save  harmless the plaintiff c and have procure he a acquittance c hereupon it be  demurrer wile move for the plaintiffi that the plea be not good for he plead  in the affirmative that he have discharge c and show not how c Henry pl Edward  pl gawdy if the discharge be to a particular thing he must show how c but  otherwise it be when it be to a multiplicity of thing for then a general plead  be good Edward pl and so peradventure it be here et adjournatur
case Adam against Albon error in the return of the v enirefacias ante it be  move in arrest of judgement after verdict that the v enirefacias bear testae  July Elizabeth returnable die Mercury proximepost tres number three proxime  sequent which day be not yet come for the July Elizabeth S die Hercurii in  tres number three Elizabeth and the last day of the term and therefore the  writ here be not returnable the same day but ought to be die Mercury proxime  post tres number three which be a year after wherefore this trial be before  the day that the vemire facias be returnable and therefore ill and it be not  like where in a trial the v venire facias be not return for that shall a    light a a a I roll ab f n b croak Elizabeth er p he intend good a v venire  facias be award and return and that it be emhezzled which be aid by the  statute and of that opinion be the whole court at this time say adjournatur
case Adam against arnold breach action upon several promise and in assign the  breach it be et prd Adam the plaintiff non c upon demurrer judgement be give  for the defendant
case Adam against arnold in crim con the declaration of the wife be not  evidence S c holt trespass for a assault upon the plaintiff wife and get her  with child and what the wife declare in her labour reject to be evidence a and  here holt chief justice will not suffer the plaintiff to discredit a witness  of his own call he swear against he a
case Adam against cox bail in London never except to per curian in London the  plaintiff never except against bail but there be a officer who receive bail  and if be take insufficient bail upon complaint make to the alderman be must  either pay the debt or the profit of his office be sequester until the debt be  satisfy and when a cause be remove up hither the bail and clerk below be  discharge and if the bail give below be offer here they may be except against
case Adam against fly how a continuance shall be enter ante cro car roll ab  cro Elizabeth stram error of a judgement in Havering court in Essex the error  assign be because the judgement be in debt by nothing to say there be a  discontinuance videlicet that after imparlance day be give to the party until  the next court and no day certain And for this cause it be hold to be a  discontinuance and the judgement be reverse vide dyer b
case Adam against goose ejectment on a demise by virtue of which he enter and  be possess until after ware eject be good though the ejectment be allege  scilicet on a day previous to the demise post cro Elizabeth hob Yelv sand side  Bulst run eject bull n p Bl Rep ejectment of a lease September James and that  he be possess until the defendant postea scilicet September James eject he the  defendant plead not guilty after verdict it be move in arrest of judgement  that the declaration be not good for the ejectment be allege to be make two  day before the lease which can be but Fenner Yelverton and William absent  Popham hold the declaration to be good enough for when the declaration be that  he be possess army dimission until what time postea scilicet September James  he be eject those word scilicet September James be impossible and repugnant  and the postea croak throw ejeci be well enough as the case be Henry pl where  the continuando of a trespass be allege to be until the day of the writ  purchase videlicet such a day which be false recite it be hold there that the  videlicet be void and idle because the day of the writ purchase be certain  enough which appear of record and the other be contrary thereto be void but  they will advice et adjournatur note there seem to be a great difference  betwixt the case for there the scilicet be superfluous and be repugnant be  mere void but here the postea without the scilicet be void for then there be  not any day of ejectment show which ought to be express to be before the  action bring and afterward as I hear it be adjudge accord for the plaintiff in  the case of tesmond and Johnson a where trover of good be suppose to be may  and the conversion be suppose postea scilicet may the same year which be  before the loss yet it be adjudge good and this precedent of the ejectment be  cite and affirm for good law b
case Adam against HILKS in a action of trover and conversion at the ware of  all saint in Bristol a venire facias of Bristol without say the ware of all  saint be good cro Elizabeth cro James Cowp error upon a judgement in Bristol  the error be assign by Germin because in a action of trover of lemon at Wardam  de all saint in Bristol and conversion of they in the same parish upon not  guilty plead the venire facias be of Bristol where it ought to have be of the  ware of all saint in Bristol for that be the place of the conversion which be  the most certain and compare it to arundels case   where a fact be suppose to  be in parochian saint margaretae in Westminster and the venire facias be of  Westminster it be rule there croak car to be ill and that it be not aid by the  James c for it be a mistrial by a wrong visne but all the court hold that the  trial be good and can be otherwise for a ware in a city be but as a hundred in  a county and thereof there never shall be any visne and it be not like to the  case that be put where a act be suppose to be do at such a parish in such a  ware in a city there the visne shall be of the parish croak car er p vide  Henry Henry whereupon rule be give that judgement shall be affirm unless other  matter be show and so it be do in the case of Adam v well upon a judgement in  Bristol where the same exception be take and the judgement affirm unless c
case Adam against HINCLOE copyhold entailable without special custom upon a  special verdict the question be whether a copyhold can be entail without lie a  special custom for so do and it be adjudge by the whole court that it may and  holt chief justice reject the notion of my Lord coke a   light b see also side    more carter Com dig copyhold c a about the statute de gift cooperate with  the custom and hold that that statute turn all those estate which at commonlaw  be feesimple conditional into estatestail b see the case of Bowden v malster  cro car S c godb hill v Morse more Gravenor v bake cro Elizabeth dell v Higden  more Sutton v stone atk and see viner Abr copyhold page pl where this  controvert point be examine and also the case upon the subject collect b he  say that if a copyholder by licence make a lease for year the surrendee lessee  of that copyhold be within the statute Henry c to bring debt as assignee  modern report hilary term the seven of queen whether in the queen bench sir  John holt Knt chief justice sir John Powell Knt sir Littleton powys Knt sir  Henry gold Knt justice sir Edward Northey Knt attorneygeneral sir Simon  Harcourt Knt solicitor general
case Adam against Staley on a general submission of all controversy a award to  pay a slim of money in satisfaction of a debt due from a three person be bad  SC lev SC Danv debt upon a award and verdict for the plaintiff the award be  lie to be that the defendant shall pay thirty pound to the plaintiff out of  the estate of wolley and the submission be general of all controversy and no  mention make therein of the submission of wolley or any thing that the  defendant have of his estate nor any thing of his be liable to pay debt of  Wolleys so that the award exceed the submission a man may submit for another  debt but then it must be mention in the submission the court here be to be  judge of the record before they and not upon affidavit that more be submit  than be express judgement be arrest
case Adam against steer and other a reversion will pass by the word alien  bargain and sell though the deed be not enrol more roll ab r   Inst cro  Elizabeth   Leon to Rep ejectment of a lease from Henry Nudigate upon evidence  to a jury it be resolve whereas Francis Nudigate be tenant for life in right  of the duchess of Somerset his wife the earl of Arundel by his indenture alien  bargain and sell the land and reversion to Francis Nudigate and his heir for  money and the deed have not therein the word grant nor be enrol within the six  month that the reversion pass by the word alien with attornment Denton v  Fettiplace in the court of ware Elizabeth be cite where it be resolve by the  opinion of two chief justice that by the word of bargain and sale only with  attornment a reversion passes not croak James er p
case Adam against the TERRETENANTS OF savage on a to know facias against  terretenants without name they if it be plead in abatement that a be a  terretenant and not summon the defendant shall not answer over until a be  summon but the writ shall not be abate SC ante SC post SC salk SC salk SC salk  SC lily Ent to know facias be bring to summon in the terretenants of savage  not name they to this it be plead in abatement that I S be a terretenant not  summon and conclude quod breve empty whereas the true way have be to conclude  si responders to withhold until what time and thereupon to take a new writ to  summon in that terretenant all the court take a difference where the writ be  general and where it go about to name the terretenants particular and omit one  in the Iatter case the writ may be abate for there the party may have a better  writ of the kind videlicet one name they all but in the first case he can and  therefore we can give judgement to quash the writ but only that he shall not  be put to answer until the other be summon modern er p but because darnel  sergeant urge that he have a multitude of precedent to the contrary they give  day to show they for precedent of such conclusion as here see   Ent cliff Ent  cro James cro Elizabeth more keb Carth Bohuns just leg note to former edition  a Adjournatur
case Adam case withernam supersede a capias in withernam be test the first day  of may and returnable die Jupiter post tres the number three the court order  the attorney and filazer to attend for they look upon it to be a great  oppression to make such a long return in order to deprive one of his liberty  so long and here he give bail body for body to appear at the return of the  writ and the withernam be supersede
case Adam versus gale in the paper of exception December a debtor leaves a  creditor by note on demand his executor this court will not allow he interest  for it because he may turn money to his own advantage which be come in by the  testator asset a person who be executor under a will be likewise a creditor by  note Payable on demand the question be whether as he can not possible make a  demand of interest upon himself he shall not by the equity of this court be  entitle to be allow interest atkins er p for the plaintiff who be a legatee  under the will a case be cite of Hacknott and Webber in before Lord chief  justice eyres where a action be bring upon two promissory note Payable on  demand and judgement by default and a writ of inquiry of damage be award and  interest give by the jury from the date of the note the judgement upon the  writ of inquiry be set aside for this reason as interest be not due upon  promissory note unless there be a actual demand of interest and say by the  court that it be the constant rule in case of this nature at nisi prius east v  Thornbury p W arg Lord chancellor I do admit it to be a case in which the  defendant can not recover interest at law because in the lifetime of the  testator he make no demand of interest and since the death of the testator he  be incapable of do it by be leave executor as a executor may make use of money  which be perpetual come in by asset of the testator and turn it to his own  advantage so child v Gibson post contra Horsley v Chaloner Ves Newton v Bennet  bro Charles Perkins v Bainton bro Charles Rep foster v foster bro Charles Rep  Littlehales v gascoigne bro Charles Rep franklin v Frith bro Charles Rep and  as it be not improper for a executor to do it upon his own account where he be  a responsible man and ready to answer legacy and debt when call upon therefore  I do not think it right to allow interest for the note
case ADDINGSON against Oakley after judgement the defendant can take any  advantage of a misentry on the nisi prius record the plaintiff have a verdict  at the assize in Oxford and a motion be make to stay the judgement till he  bring in the postea for itdid not appear to the court on what day the assize  be hold for the record of nisi prius be nisi justiciar domini king ad assisas  in come pillage capiend assign c die Jupiter Decimus sexto die of Mars at oxon  c the distringa for the jury to appear be si prius die Jupiter fivepercent tax  sexto die of Mars at oxon c so be the to swear falsely the counsel for the  defendant desire that it may be refer to the master of the office to be  examine but the court will not allow it for it be to examine matter of fact  against a record but they hold that the defendant can not take advantage of  this after judgement for if the clerk of the assize will enter judgement for  the plaintiff instead of the defendant he have no remedy but by action
case addis case a commitment by the chancellor for certain matter concern the  king be too general ante cro car salk Vaugh hawk p c Bac Abr Addis have a suit  depend in this court come to London be commit to Newgate c Hutton sergeant  move for a habeas corpus which be grant and the gaoler croak James er p of  Newgate make his return in this manner that the say Addis be commit to his  custody by warrant from the Lord chancellor of England for certain matter  concern the king there to remain until the Lord chancellor deliver he and for  that cause he can not have his body here Hutton move that the return be not  good be it be too general for it show not for what cause he be commit for it  may be for a cause which will not hinder he of his privilege here also the  return be that he ought to remain there until he be deliver by the Lord  chancellor therefore he say it be ill the court thereto say it be the first  time that such exception have be take therefore they will consider of the case  and Henry pl be cite and Henry pl and pl and Edward pl and pl
case addison against paterson the bail can plead the misnomer of the principal  in abatement one Charles fountain be arrest at the suit of the plaintiff and  the bailpiece be thus mark Petrus fountain to give up in ballium c who  arrestalus to be per modern report nomen caroli fountain and in the  recognizance of bail it appear that they be bail for Peter fountain and now  upon a to know facias bring against they both the principal and bail plead  this matter in abatement it be move to set aside this plea because the bail  can plead this in abatement beside the principal and his bail can join in one  plea the court be of opinion that the bail can not plead this misnomer in  abatement though the principal may so a rule be make for the defendant to  answer over
case addison per committee versus dawson mascall all all Lord chancellor Jan  Eq can ab pl S p sale at great undervalue from one that be afterward a lunatic  set aside but the conveyance to stand a security for what be real pay Addison  by a first and second inquisition be find a lunatic in from the year r l when  he have a fall without any interval the defendant have get a mortgage and at  last a absolute purchase at great undervalue by deed fine and recovery and a  considerable sum be pay into Mascalls hand who pretend to have state a account  but have not make any proof the defendant insist on a trial at law but the  court set aside the purchase and state account and the defendant mascall  decree to be allow what he shall prove he have pay for the use and benefit of  the lunatic mascall have be the lunatic solicitor and have get he into his  power and keep he from his friend and while in this situation Dawson obtain  the purchase abovementioned and then sell to other of the defendant mascall by  his answer state that Addison be not a lunatic that the first inquisition be  set aside and the second obtain undue and that he and Addison have come to a  account and that he have pay the balance but confess he have not any release  Reg lib a fol vide in the lunacy of Mr Robert atk observation at the bar and  by Hardwicke Lord chancellor on the principal case who be report to say in  that case I e the principal case there be a fine and therefore the lunatic be  bind as it must be suppose when he be examine with regard to the fine by the  judge that he be capable of levy say vide the decree in the principal case and  the case of clerk v clerk ante p where it seem upon a settlement by deed and  fine as though the court mean that settlement to stand only in case it be  execute in a lucid interval as it direct a issue as to will make by lunatic  Sackvill v Ayleworth ante vol p Vernon chancery case er p
case against deer libel lie in the spiritual court for fraudulent take away a  will which have be prove with intent to cheat the legatee a prohibition be  move for to the consistory court of llandaff where a libel be for fraudulent  take away a will that be prove with they there in order to cheat the legatee  gold justice here be a will proper lodge and if any fraudulent take it away  what remedy have they for a indictment or information will not restore they  the will and detinue will not lie for they because they have no interest in it  Turton justice accord holt chief justice contra the probate be authority  enough for they to go on though the will be lose and the offence need not go  unpunished for they may have indictment or information and this be not like  case of beat in the churchyard where the statute give they power though it be  punishable at commonlaw nor beat in the church itself where they proceed pro  reformation morum only and no prohibition go a Qure yet for it may be the  confidence and knowledge of the captain may be a encouragement to the insurer  note to the former edition see park on insurance modern report er p
case against Farrell in trover the thing itself may be bring in ante Broderick  move that the defendant in trover after declaration may bring the thing itself  and deliver it to the plaintiff and gold justice say he have know it often do  otherwise where he will tender the value for the defendant shall not set a  value upon the plaintiff good and the motion be grant a
case against Fetherston a prescription plead in a message or tenement be good  trespass on the case for stop up ancient light by the erection of a wall a  prescription in in messuagio sive tenement antiquity be good enough though a  ejectment will not lie de to make one messuagio sive property because the  sheriff will not know what to deliver possession of a judgement for plaintiff
case against GOUDIER bailiff traversable a avow as a bailiff for rend his be  bailiff not traversable per holt chief justice a
case against HEYLERS on a verdict for the defendant in assault and battery if  the judge certify that he act as a constable in the execution of his office he  shall have double cost though the declaration be erroneous Inst ante post hob  cro James dyer b Vaugh Noy Mod will burr burr hawk p c Com dig Sayers cost  dougl and note and see James c and Geo c trespass by husband and wife for  battery do to they both ad damnum Self the defendant plead not guilty and it  be find for he and certify that he do it as constable in execution of his  office and double cost be pray accord to the statute of James c but henden  sergeant move that the declaration be ill because husband and wife can join in  battery do to they both as it be Edward and therefore a but see the king v the  bishop of Chester ld raym where the court hold that this point of the case be  mistake for that the issue be not upon the grant to William sand but upon the  grant of the next avoidance see also SC light Rep sir W Jones and dyer b pl  shower case in parliament croak car er p judgement ought to have be give  against the plaintiff upon the declaration and not upon the verdict and so no  cost ought to have be give but all the court conceive because the defendant be  find not guilty and what be do be as officer and the statute give he double  cost for his vexation which vexation appear the plaintiff shall not take  advantage of the insufficiency of the declaration and writ to excuse  themselves of cost
case against hopkins in ejectment a lease deliver upon the land by letter of  attorney from husband and wife be good ante   b Yelv Brownl cro James Leon Com  dig Bac Abr Cowp dougl ejectment the plaintiff declare upon a lease make by  sir Archibald Douglas and dame Eleanor his wife of a house and land in  Englefield upon not guilty plead it appear upon the evidence that the lease be  seal and subscribe by they both and a letter of attorney make by they to  deliver it upon the land Finch sergeant and Sheldon the king solicitor  thereupon strong urge that a letter of attorney by a feme covert be mere void  and the lease be only the lease of the husband so the plaintiff have fail but  all the court conceive it be a good letter of attorney for both and the lease  well deliver and it be the lease of they both during the husband life
case against in chancery on a devise of money to be dispose among the testator  child at the discretion of the executor the distribution shall be equal if a  man devise a personal estate by his will or thereby raise money out of his  land to be dispose among his young child accord to the discretion of two or  three person decree by the Lord chancellor that the distribution shall be  equal a
case against ormston a bill of exchange Payable to the order of a be the same  as if it be Payable to a or order in a action bring upon a bill of exchange  make Payable to the order of the plaintiff the declaration set forth that the  defendant by his acceptance become liable to pay it to the plaintiff secundum  experience trader upon this declaration there be a demurrer it be urge for the  defendant that the plaintiff have only a authority to endorse the bill and  then the endorsee may maintain a action but that the plaintiff be not entitle  to receive the money it be compare to the case of a devise that executor shall  sell land where the executor have only a authority to sell but no interest and  therefore immediate upon sale the vendee be in not from the executor but under  the will on the other side it be say that if this be law a multitude of bill  of exchange will be overthrow that by the custom of merchant there be no  difference between Payable to the order of such a one or Payable to such a one  or order and that the custom be confess by the demurrer modern report that the  same strictness and nicety be not require in the pen of bill current between  merchant and merchant as in deed will c in policy of insurance warrant to  depart with convoy have be resolve to import a continuance with that convoy as  long as may be a see the case jefferies v Legendre lev Mod show Gordon v  Morley stram victorian v Cleve stram Hibbert v Pigou park on inn lily v ewer  dougl tailor v woodness park on inn a and this not ex way termini but because  it be understand in this sense by merchant the court Even in case of land a  grant or devise of the profit of land carry the land the word order imply  property there be no difference between have a power to dispose of money and  have the money itself what be a order but a authority to appoint the payment  of it which the plaintiff here do to himself judgement for the plaintiff
case against palmer if a award be make by rule of court that money shall be  pay on one side and nothing award on the other the court will not grant  attachment till a release be tender a submission to award be of all matter in  controversy by rule of court and a award be make that so much money shall be  pay of one side and nothing be award of the other side and it be move to set  it aside as be a award only ex part holt chief justice the common exception  against a award will not hold here it be a award upon submission by rule of  court for though there be no release award of one side yet the submission be  of all matter in controversy and the court will not grant a attachment before  they tender a release for if one come to have aid of the court he shall do  that which be fair and equitable before he have it modern report er p
case against robin the venue can be change in a action on a specialty glide  move in debt on bind in London to change the venue into Devon where the cause  of action must arise it be a sheriff bind and when breach be assign must be in  Devon and will be a great charge to the defendant to prove performance in  London modern report Pratt chief justice show cause the plaintiff may consent  for if he show no inconvenience to try it in London there be a manifest  prejudice to the defendant so it may be reason to change it Eyre and fortescue  justice the venue be never change in any action on specialty which be a rule  always to be observe if such a rule be make it be only to bring the party to  consent not to shake the old rule
case against romney a commission to take a answer of a person resident in a  foreign country at war with we must be execute in that very country a  commission to examine witness at the near neutral port on motion for a  commission to examine witness in Spain a difference be take and agree to  between a commission to take a answer and one to examine witness in a country  at war with we in the former case it must be execute in the very country in  the latter it may at the near neutral port and accord in the present case the  commission be direct to faro note in the case of cubit v shepherd Ves a  commission be grant to examine witness in a enemy country see the principal  case on commission to examine witness in foreign country collect Swanst n c  see Gasson v Wordsworth post ambler er p
case against stern a indebitatus assumpsit lie for money win at play provide  it be not at a game within car c or whether c assumpsit upon a indebitatus and  accuse computasset and verdict exception be take in arrest of judgement  because the account be for money win at play et alias denarior summas adjudge  that it lie for debt lie at commonlaw for money get at play and now provide it  be under a hundred pound at one sit by the statute of car c a and a account  lie not for rend because certain but for rend with other matter it will lie  indebitatus assumpsit lie for a wager and at play there be mutual assumpsits b  and be so allege it will lie
case against tempest non be factum special plead debt upon a bind a special  non be factum be plead with a conclusion of et hoc a preparation be verify the  plea also refer to a condition in the bind without any oyer bad of it and  there be a demurrer for both cause as to the first it be say that it be either  way videlicet to aver or to conclude to the country and keb fol hill car be  quote and the case of day v Robert in this court in the year to which opinion  holt chief justice incline as if in bar to a debt upon a bind one shall say  that he deliver it as a escrow to be deliver over as his deed upon such a  thing to be do which be not do the plaintiff get the deed et such non be  factum et hoc a preparation be verify and leave the plaintiff to tender issue  in the replication as to the other it seem a fatal exception plaintiff have  judgement
case against the corporation of London be dissolve by the judgement in quo  warranto and therefore a panel return by the sheriff in a cause in which the  city be interest be no ground to challenge the array a private statute can be  give in evidence on the general issue but must be plead special case on the  general issue try before jefferies chief justice at guildhall the plaintiff  declare as lessee from the city of London by the name of mayor commonalty and  citizen of London for a certain toll due at Fleetditch upon the Act of  rebuilding the city of London Maynard sergeant make a challenge to the array  for that the panel be make by Peter Daniel and Samuel Dasbwood who be freeman  of the say city and so party to the suit Mr holt pray the challenge may be  quash for that the sheriff be now by patent as other sheriff and not freeman  of the say city and the panel be make by they the twentythird of October last  since the judgement in the quo warranto jefferies chief justice say brother  Maynard you must prove they freeman I think they no more freeman than every  body else for I hold the corporation absolute discharge by the late judgement  in the king bench a so he overrule the challenge afterward the plaintiff offer  in evidence the print statute for rebuilding the city but it be disallow by  the chief justice for that it be no general law no more than Elizabeth c about  bishop parson c beside a Act may be general in some part and particular in  other b and it can never be reckon general in this particular whereby it vest  a toll in the mayor commonalty and citizen of London and for that of partywall  it have be read in evidence on such action but never when exception be take  thereunto it be true sometime they have bring general indebitatuss for money  lie out on partywall but most time they declare on the statute and at last a  juror be withdraw by consent
case against the inhabitant OF the hundred OF a master may maintain a action  in his own name on the statute of hue and cry for a robbery commit on his  servant and the servant shall be swear ante cro hob in a action who tam on the  statute hue and cry the who tam pro lord ring need not be mention in either  the issue or venire facias for the king be only to have his fine ante lev Com  dig   Ent hawk p c error of a judgement in the common plea in a action on the  statute of Winton of hue and cry croak car er p the error assign be because  the master bring the action for a robbery commit upon his servant and the  servant be swear where c calthrop object that the master who have the loss  ought to be swear Grimston thereto answer that the servant ought to be swear  and not the master for although the loss be to the master when a servant be  rob of his money yet the servant upon who the robbery be commit be the proper  person to be swear that he be rob and that he know not any of the robber the  second error insist upon be because the action be bring by the party and the  king yet neither upon the join issue nor in the venire facias be there any  mention of who tam pro lord ring c but of the party himself only say non  allocatur for it be say that true it be when the action be bring upon a penal  statute where part be give to the king and part to the party prosecute there  it ought to be so and it be the common course to enter the party who tam pro c  but when the king be only name as a offence against the king and the party and  the king be not to have any part of the sum recover but only to have a fine  there neither in the issue nor in the venire facias be any mention of who tam  c and so be all the precedent as Keeling affirm and all the court be of that  opinion whereupon rule be give that judgement shall be affirm
case against tracy on rescous return it be not traversable move for leave to  file a information against he for rescue a person from sheriff in the temple  but per curium you have better get a rescous return and bring a action upon  the case against he and the rescous after return thereof be not traversable  and though the usual fine modern report upon a rescous return be only four  noble yet sure that must be understand where the person rescue be retake  otherwise the fine may be high
case against wats in debt against bail principal may be surrender in debt  against bail the question be whether they shall be admit to surrender the  principal as they may upon a to know facias upon two nihils return and it seem  reasonable they shall and make a rule of court
case agard against king a lease de year in annum Interrog  both birth to  please be a lease for two year certain and for every year after until it be  determine   light yely Mod vent Mod Mod keb lev salk ld raym stram salk Bac ab  burr term Rep and see the case of hall v Richardson term Rep debt for rend  upon a lea e make to the testator of the defendant and declare of a lease make  de year in annum Interrog  both parlibus to please and that the testator  occupy it for two year and pay the rend and part of the three year occupy it  and die and for rend of the three year the action be bring the defendant plead  non dehet and find against he and now move in arrest of judgement that this be  but a lease at will which determine by his death and so the action lie not for  this three year but gawdy and Fenner hold although at the first it be a lease  certain but for two year yet when he occupy and enjoy it part of the three  year it be then a lease certain for that year also so as neither the one nor  the other can determine the will during that year which he have begin to  occupy wherefore the action well lie for the rend of that year Popham hold  that be a lease at will for the other year after the two year and then it  determine by the death of the lessee el adjournatur
case agree vers roll in b r hill W this case be more full report in ld raym  and Mod where among other point it be determine that the entry of beneficiary  and trust be sufficient to avoid the statute of limitation James c in a  ejectment against several if one only confess lease entry and ouster and the  other do not how the verdict shall be ld raym SC Mod SC salk S c this be a  action of ejectment on a special verdict the case be attempt to be move but be  stop by Mr Broderick for here be a declaration against two defendant sir John  roll and Mr Newell at the assize one of the defendant do not appear and a  nolle attendance be enter against he and the other do appear and a verdict be  bring in which can not be right in a ejectment where the comens er p term be  joint for then by the default of one of the defendant the whole term will be  recover against the other it may be otherwise in trespass whether the trespass  be several cro Elizabeth Carth a and each party must answer for himself but  that can be in ejectment accord to the comens case Leon holland and drake but  in such a case holt c j say that if one defendant appear and confess lease  entry and ouster and the other do not appear he will direct the jury to find  as to the defendant who do not appear not guilty if nothing be prove against  he say adjornaturJudgment in this cause be give contrary to holt Ch just  opinion for the plaintiff and afterward error be bring upon this judgement in  parliament and the judgement of the kingsbench be affirm Saturday the that of  April and cost give to the defendant in error ld raym
case ailiff against Archdale Michaelmas term Elizabeth roll a infant may bind  himself in a single bind for necessary but if a penalty he annex it be void  more godb roll Abr   light a but a single bind videlicet one without penalty  be good against and infant for necessary march roll Abr pl lev   light a bull  n p strange burr b r h Bac Abr salk the case upon demurrer be the plaintiff  have pay certain money for the necessary meat and drink for the defendant be a  infant and take a obligation in the double sum for the payment thereof and  whether this be good of voidable be the question and the whole court hold it  to be void but if he have take a obligation of the very sum which he lie out  for his necessary maintenance it have be otherwise
case ailiff against SCRIMSHEIRE this term a lose roll baker attorney in it a  covenant by the obligee of bind not to sue the obligor for ninetynine year  will not operate as a release or as a defeasance and therefore can be plead  ill bar to debt on the bind SC Danv SC salk SC comb SC Carth SC holt debt on a  bind the defendant plead a letter of licence to go abroad for seven year  without molestation and covenant not to sue he and if he do that he shall be  discharge and release of the debt demurrer Tremaine urge that this be a good  plea for a bind may be defeazanced accord to hedge v smith cro Elizabeth and  the case of Macbeth v Cobb where this be hold good on the other side it be  urge that it only be a covenant and the word shall be a release amount to no  more and so be Henry pl holt chief justice this be no defeazance if it be a  covenant perpetual that be a absolute release but if it be a covenant not  shower KB to sue within a particular time that be no release and you must take  the remedy upon your covenant and so be roll Abr cro Elizabeth and judgement  be give per totan curian for the plaintiff
case air against aden good seize under a become facias may be sell by the  sheriff after he be out of his office without a sale set forth post roll ab  more SC Yelv content b cro car dyer sand latch hob cro Elizabeth Mod Bac Abr  Cowp trover upon a special verdict the case be that a sheriff upon a become  facias seize good in his hand to the value of the debt and pay part of the  debt and the good not be sell nor the writ return the sheriff be discharge of  his office and afterward sell the residue of the good without any writ of sale  set forth and whether this sale be good or not be the question and resolve  that it be good for the writ of become facias give authority to he to sell  without any other writ and the sale by he after be good although he be  discharge of his office wherefore it be adjudge for the defendant see Geo c S  Geo c
case air against huntington amendment of the word recovery for inspection  after a demurrer ante stram will barn Mod Mod Mod Cowp Doug term Rep a to know  facias be bring upon a recognizance of a thousand pound to show cause why the  plaintiff shall not have execution de prediction mille scales recognitis juxta  form recovery where it shall have be recognitionis pillage and upon a demurrer  it be hold that the word juxta form recovery be surplusage the record be amend  and a rule that the defendant shall plead over
case air against Lenthall a writ of error will remove a judgement after testae  and before execution notice of a writ of error take out be only a temporary  supersedeas for if it be not allow within four day execution may be take out  S C keb ante post vent keb Poph Mod Mod salk stram hawk p c see Jaques v Nixon  term Rep and caryi v Campbell term Rep hale chief justice former if execution  be go before a writ of error deliver or show to the party it be not to be a  supersedeas modern er p wile justice he must not keep the writ in his pocket  and think that will serve a another day hale chief justice say it shall not be  a supersedeas unless show to the party and he must not foreslow his time of  have it allow for if it be not allow by the court within four day it be no  supersedeas hale chief justice a writ of error take out if it be not show to  the clerk of the other side nor allow by the court be no sum persedeas to the  execution and if a writ of error be sue bear testae before the judgement be  give if the judgement be give before the return it be good to remove it though  at first he say it be so in respect of a certiorari but not of a writ of error  and he say that judgement whenever it be enter have relation to the day in  bank videlicet the first day of the term so that a writ of error returnable  after will remove the record whenever the judgement be enter
case AISHCOMBE against the hundred OF SPELHOLME Hilary term will mary roll see  this case ante page a master may maintain a action of hue and cry for a  robbery commit on his servant but the servant must be swear SC ante SC holt SC  Mod SC Carth SC salk hold now per curian to be for the defendant and that the  servant must be swear for it be plain within the intention as well as word and  one of the servant may know the robber lev the end of the statute of Elizabeth  c be to purge the party that he be not confederate with the party rob style if  the master have be present it have be a robbery of the master judgement for  the defendant as to the money in Coxheads custody c
case Albany against the bishop OF saint asaph Trinity term Elizabeth roll see  marquis of Abergavenny v bishop of Llandaff Q b d Vict c S if a benefice he in  Wales and the clerk do not understand Welsh the bishop may refuse he but he  must give notice of it to the patron I Leon ld ray Com dig salk quare he foot  soldier for the church of Whittington the bishop plead that the service there  be in the Welsh tongue and that the parishioner understand not the English  croak Elizabeth er p and that the presentee can not speak Welsh and therefore  he refuse he and all the justice hold this a good cause of refusal for he can  instruct his flock accord to his duty and charge but in this case the  plaintiff have present sixteen day within the six month and the bishop give no  notice of the inability of the clerk till three day after the six month expire  and the court hold that notice ought to be give to the patron himself if he  heresident in the county and if not a public intimation ought to be on the  churchdoor and notice of this matter ought to have be give immediate when he  be present and examine or within such convenient speed as may he but when the  bishop be to inquire of the hehaviour of the clerk he shall have long time and  for this cause judgement be give for the plaintiff
case alden against blague easter term James roll accord and satisfaction may  be plead in bar to a action for breach of covenant to repair Post   b Lut roll  Rep Yelv cro Elizabeth covenant for that the lessee covenant for he and his  assign to repair and maintain the house in reparation from time to time during  the term and show a say vide Inst b Chanc Cas peer wms croak James er p that  the lessee assign croak throw all his term to the defendant and for default of  reparation after the assignment he bring the action against the assignee the  defendant plead that after the decay he make such a concord that the plaintiff  shall have thirty shilling and such good in satisfaction of that destruction c  and show it to be execute whereupon it be demurrer and move for the plaintiff  that it be not any plea for the action be ground upon a deed can be discharge  unless by deed as a obligation with a condition can be discharge by a contract  but all the court hold that the plea be good enough for it be not plead in  discharge of the covenant but only for the damage which be demand by reason of  the breach of the covenant and the covenant remain and this plea sound only in  discharge of the defendant and be not like to the case of a obligation for  there it be a duty certain and it be not any plea although it be before or  after the day of payment and in every action where only amends be demand by  way of damage accord execute be a good bar in discharge of they vide Henry pl  Henry pl Edward pl dyer and Daniel say that in waste against tenant for year  accord be a good plea but not against tenant for life and afterward in the  principal case it be adjudge accord that it be a good bar
case alderman against cut a attorney in custody can plead privilege to a  action on bind the privilege of a attorney in the common plea be plead it  appear by affidavit that he be a prisoner in the king bench it be move to set  aside the privilege for that the end of his privilege be go for that suppose  he attendant on the court of common plea per curian set aside the plea
case Aldred against Matthew if a statute give a penalty on the offence  prohibit be duly prove by two witness proof may be make in the action for the  penalty post Lut Bac Abr debt upon the statute of Elizabeth c for sue a action  in another name without his privity be duly prove by two witness that he shall  pay Triple damage to the party grieve and ten pound to the party in who name  the arrest be make the question be how this proof ought to be in a action upon  the statute whether by collateral proof before and it be hold that the proof  shall be in the same action and not in any other course wherefore this  exception be take after verdict it be adjudge to be well enough bring and  judgement for the plaintiff vide Edward
case aldrich against Walthall administratrix of John Walthall if a issue be  tender by a affirmative a joinder on it be good although there be no negative  roll Rep hob will strange dougl on a plea conclude to the country where it  ought not if the other party join issue and a verdict be obtain the error be  aid by Henry c debt the defendant plead plene to manage the plaintiff say that  at another time he bring a action of debt against the now defendant whereupon  she croak James er p be waive upon mesne process and she bring a writ of error  and reverse the outlawry whereupon he fresh bring this action and that at the  time of the first writ bring she have asset in her hand c et hoc petit quod to  seek after per native land et defendens similiter and hereupon verdict be find  for the plaintiff and judgement give accord and now Walthall bring writ of  error the error insist upon be that this be not any plea for although she have  asset at the time of the first action bring yet she afterward may have well  administer they by reason of a lawful recovery or lawful payment after say non  allocatur for it shall not be intend without special matter show and it  suffice if there be sufficient at the time of the first action bring if she do  not show sufficient cause of discharge after that time second it be object  that here it be not a ill issue but no issue at all join and therefore it be  not aid by the statute of Jeofails for here be matter affirm by the plaintiff  which ought to be answer by the defendant by confession or denial but here the  plaintiff do not expect the defendant answer but conclude his plea with hoc  petit c whereas he ought to have aver his plea and the defendant then have  answer thereto so as there may have be a affirmative and a negative without  which no issue can be join so that here the trial be without any issue which  be not good the whole court be of that opinion but they will advice a
case aldsworth against peel on judgement to recover de good testator the  plaintiff can have a to know facias de good not common with others unless the  sheriff return devastavit ante post Cowp debt against peel as executor the  plaintiff have judgement to recover de good testator and thereupon a to know  facias be award and the sheriff return quod no one to have good testator and  the plaintiff surmise that he have waste the testator good whereupon he pray a  scirefacias why he shall not have execution de good not common with others and  rule by the court that tliisvwrit shall will not he award upon the surmise of  the party upon a devastation nor in a case where the judgement be debonis  testator unless it he upon return of the sheriff where he return a devastavit  vide Henry pl pound Fitzherbert h execution
case alexander against dyer Trinity term Elizabeth roll debt lie for rend upon  a lease though the defendant enter before his title hegan post roll Abr roll  ab Leon   b moc Bac Abr strange debt for rend reserve upon a lease for year  and declare that whereas he let the land to the defendant for twentyone year  from the Feast of saint Michael next a strange will atk croak Elizabeth er p  ensue render rend and that the defendant have enter the that day of Septemher  and have occupy for one year c the defendant plead nothing dehet and after  verdict against he it be allege in arrest of judgement that it appear in the  declaration that he have enter upon michaelmasday which be a day before his  title hegan and so be a seize and no rend due gawdy it be clear he be a seize  b his entry and the accrueing of his term shall not alter his estate Edward  dyer yet debt lie for privity of contract h en dyer Bushdenscase and so be the  opinion of the other justice and the plaintiff have judgement
case alford against lee Hillary term Elizabeth roll a release deliver to a  stranger be a good performance of a award if no particular place he mention  for the delivery post   b more Leon barn debt upon a obligation the case upon  demurrer be the plaintiff and defendant submit themselves to the award of  certain person of all matter c and be oblige each to the other to stand to the  award they make a award that they shall release each to the other all action  before the Feast of saint Peter then next ensue the defendant in the eve of  the say feast make a release to the plaintiff and deliver it to one prim to  the use of the plaintiff without his assent or knowledge and when the  plaintiff hear of it he disarm to it and if this be a performance of the award  be the question Cooper argue it be not for it take no effect as a release till  the agreement of the party and it be deliver to a stranger who will  peradventure not deliver it without suit and perhaps will never deliver it and  rely upon Edward account Atkinson contra for it be immediate a release and he  can plead against it non be factum nor can countermand it and the plaintiff  may agree to it when he please and cite Taws case Elizabeth dyer afterward in  Trinity term Eli it be adjudge a good performance of the condition because no  place be appoint by the arbitrator where the release shall he deliver and it  may be the plaintiff will absent himself out of the country that the defendant  can find he and they rely upon Taws case croak Elizabeth er p croak Elizabeth  easter term Elizabeth in the queen bench sir Christopher Wray Knt chief  justice sir Thomas gawdy Knt John Clench Esq Rohert schute Esq justice sir  John Popham Knt attorneygeneral sir Thomas Egerton Knt solicitor general
case alford against TATNEL if a plaintiff recover for the escape of one  defendant the other shall have hearing complaint S C Mod Mod ld ray Com dig  Bac Abr Bl Rep judgement against two who be both in execution and the sheriff  suffer one to escape the plaintiff recover against the sheriff and have  satisfaction the other shall be discharge by a hearing complaint
case alington against YEARKNER easter term James roll a plea to a condition to  indemnify must show how he indemnified Post   a cro car march more cro  Elizabeth dougl Lut debt upon a conditional obligation whereas he by indenture  bargain and sell such a advowson to the plaintiff and his heir if he acquit  discharge and sufficient save harmless the plaintiff from all bargain  encumbrance statute charge c that then c the defendant plead that he save  harmless the plaintiff and the advowson from c as in the condition and it be  thereupon demurrer because he do not express how he discharge c which ought to  be particular show and all the court be of that opinion wherefore without  argument it be adjudge for the plaintiff Edward pl Edward bar
case all agree that a woman can be endow of the trust of a inheritance as she  may of the inheritance itself per Lord Chan summer in S C mich Prec in Chan
case allane against exton the spiritual court may cite the minister of a  donative to take a facully for preach from the bishop S C keb ante fitzg ld  ray stram Peer wms Peer wms Pemberton move for a prohibition to the spiritual  court for that they cite the minister of Marybone which be a donative to take  a faculty of preach from the bishop hale chief justice if the bishop go about  to visit a donative this court will grant a prohibition but if all the  pretence be that it be a chapel and the chaplain hire and the bishop send to  he that he must not preach without licence it may be otherwise Twisden justice  Fitzherbert say if a chaplain of the king free chapel keep a concubine the  bishop shall not visit but the king hale chief justice indeed whether there be  all ornament requisite for a church the bishop shall not inquire nor shall he  punish for not repair original free chapel be college and some do belong to  the king and some to private man and in such a chapel he that be in be entitle  incumbent and not a stivendiary order to hear counsel a it be say S C keb that  the prohibition be deny because it appear to be not a free chapel but a  private chapel and the minister a stipendiary curate set up by the  impropriator see degge Pars c lindw Gibson see also a constitution by  archbishop Stratford burn Ec law and the preface to tanner notify monast page    light Yelv side ld ray will and d vol burn Ec law title donative and in the  case of Powell v Melburn will it be say by de grey chief justice that no such  licence for preach be necessary to he have by the minister of a donative with  cure of soul but that it be only necessary in the case of lecturer see also  campbell v aldrich will king v bishop of Chester term Rep a
case ALLELEY against colley Michaelmas term James in c b a action on the case  lie against a person for procure a attorney to appear for a defendant without  his consent ante winch roll ab f n b dyer style side comb Bac ab hearing  complaint for that he be oblige in a obligation of sixteen pound with Timothy  Castalon he be within age the say colley prosecute a original writ in debt  against he and procure one William legate a attorney without his notice to  appear to the action without any warrant from he b and upon non sum shape  enter and judgement by default he be take in execution wherefore he pray upon  this matter to be discharge whereupon it be demurrer and without argument  adjudge for the defendant that it be not a sufficient surmise to discharge for  he ought to take his remedy by writ of deceit against the attorney and not to  relieve himself by hearing complaint a ante by Geo c if before or after fill  the liberate it be make appear to the chancery that sufficient have not be  extend or levy c or any land be evict c the court may award a reextent and a  liberate thereon b by Geo c every attorney shall at the time of put in bail  deposit in the hand of the judge clerk the memorandum or minute of his warrant  to defend proper stamp croak James er p
case allen against andrews of grey inn Trinity term Elizabeth roll a tender at  the place where money be appoint to he pay two day before it hecomes due be  void ante   light Plowd   Mod ld raym debt upon a obligation of which be  condition to pay yearly to the party during the life of the wife of the  defendant at Michaelmas or within one month after at d the defendant plead  that two day before the end of the month he come to d and there tender the and  none be there to receive it which matter c and conclude not that he be tout  temps wrist and upon this it be demurrer in law if this tender be good the  justice hold that if the tender have be to the plaintiff himself in person  within the month if he have come thither this peradventure have be good but it  seem bare to tender it when the plaintiff be absent and to compel he to attend  all the month be not reasonable but by Wray it be more reasonable that the  last day shall he for one to tender and the other to receive but they be in  doubt of this case croak Elizabeth er p but Clench say if one he oblige to pay  another l at Michaelmas or within ten day after and no place be limit for  payment then if the obligor meet the that obligee within the ten day and do  tender the l the obligation be save for perhaps at the last day he can find he  and the justice hold in this ease the defendant need not plead tout temps  priest for this sum can be intend parcel of the sum contain in the obligation  for peradventure more shall he pay during the life of the feme than the sum in  the obligation do amount unto but afterward it be adjudge for the plaintiff
case allen against darby Hilary term will mary roll No return where the  replevin and the avowry be ill replevin quod cum and avowry to it ill and  demurrer and hold per curian that the defendant can have no return because his  avowry be ill though the declaration in replevin be ill and therefore the  replevin be quash without judgement for a return
case allen against Hollowell the undertenant of a lessee of the crown can pray  in aid of the crown ejection firmce the defendant plead that the queen be  seize in fee and let it to I S for year by patent who let it to the defendant  and pray in aid of the croak Elizabeth er p queen and it be rule to he no plea  because he be not immediate tenant wherefore a respond ouster be award
case allen against sir robert Salisbury amendment Cowp Com dig debt the  process upon the original be direct to the two sheriff of London and the writ  be return by two the one of they be sheriff the other not it be pray that it  may he amend for it be apparent to the court that it be the default in write  that name and the return by one sheriff alone have be good and the addition of  a strange name thereto shall not make it ill and afterward by advice of all  the justice it be amend see Eliz c
case allen against steer a party grieve may lie his information in any county  post Carth cro James Bac Abr Bl Com hawk bull n p salk term Rep vent term Rep  in Nola information bring in London upon the Elizabeth c for justify at l of a  fraudulent gift of good make by hold to the defendant to defraud the plaintiff  of his debt the croak Elizabeth defendant say that h give those good unto he  at Coventry bind fide and that he justify the gift there and traverse the  justify at London et per curian rule to he no plea for although the Elizabeth  c a restrain common informer to bring their action only in the proper county  where the offence be do yet that do not extend to a party grieve but that he  may inform in what county he please for he be not a common informer wherefore  the defendant waive that plea and plead not guilty
case allen against York Qure if a executrix shall recover by to know facias  the residue of a judgement debt due to the testator I Com dig will Carth  strange see car c the case be Allen be condemned at the suit of York in the  queen bench in a action upon the case and damage be assess to York die be  satisfy of I parcel of the and his wife be executrix bring a to know facias  for the residue the court doubt vide pound mark dyer Richard execution
case allens against andrews Hilary term Elizabeth roll to a to know facias on  a judgement the defendant can plead any matter which may have been plead t tl  e action post side salk ld ray Mod b r h Cowp the plaintiff have bring debt as  administrator to Geo Warlow by reason of administration commit to he by the  archbishop of Canterbury against the defendant and have judgement to recover  and after the year bring a to know facias upon the judgement the defendant  plead that the intestate die in London and have not good notabilia in diverse  diocese and that after the judgement the bishop of London commit  administration to the wife and upon this it be demurrer and Andrews himself  move that he may well plead this plea for it be a matter of puisne temps and  he can not plead it before but all the justice hold he case too late for  Popham say if the administration have been repeal he may well avoid the  judgement croak Elizabeth by this plea for it be of puisne temps but this be a  matter he may have plead before and it be in annul of the record which be not  sufferable and the plaintiff have judgement
case Almanzor vers DAVILACK in b r where the plaintiff have be nonsuit for a  defect in the declaration the defendant shall be admit to common bail in a new  action bring ld raym SC Com dig Richard bring king b Str will Crompt bring  Tidds bring the plaintiff be nonsuit for a fault in the declarationAccording  to the report in Lord Raymond there be a nonsuit in this case for want of a  declaration and afterward commence a new action and holt c j say that it have  be rule that the defendant in such case shall be admit to common bailThe  authority on this point be contradictory for in strange it be lie down that  the defendant after a nonsuit suffer by the plaintiff shall find special bail  in the second action and the reason give be that the plaintiff suffer enough  by pay cost in the first action and therefore ought not to be in a worse  condition than before
case ALSOPP versus paten eoden die Lord chancellor Eq can ab pl S c a and b be  joint lessee a by parole agree to sell his interest to b and accept a pair of  compass in hand to bind the bargain whether this be within the statute of  fraud there be two joint lessee of a building lease the one agree to sell his  moiety to the other by parole for four guinea and accept a pair of compass in  hand to bind the bargain the bill be to have a specific performance of the  agreement the defendant plead the statute of fraud and perjury the agreement  be in some part execute the court order the defendant to answer and save the  benefit of the plea to the hear as to the doctrine on performance of parole  agreement vide Hollis v Edward ante and case cite in note there
case alton against Jarvis see Lehain v Philpott l r ex queen whether good take  under a writ of to lift up facias issue by a court baron upon a judgement for  cost may be sell without a writ de execution judgment trespass for enter his  close and take cattle the defendant justify by several judgement in a  courtbaron where the plaintiff have levy a plaint against the defendant  whereupon judgement be give for the defendant and cost give he and thereupon  the defendant by virtue of a to lift up facias take the cattle and sell they  and for this the plaintiff bring his action the defendant demurrer to the  declaration Raymond for the plaintiff insist that they can not sell the cattle  upon a to lift up in a courtbaron without allege a custom for so do a see  gomersall v wait cro James a and cite bro Abr execution Lutw dalt Sher Lutw  Kel the bailiff ought to keep the distress until the party agree b Com dig  copyhold r and gilbert distress b lutwych contra if the bailiff can sell it be  to no purpose to take execution but the word of the writ be quod to lift up  facias so that he have the money at the next court c see Plowd a Fitzherbert n  b skin c which can be unless he may sell and he cite bro Abr execution lev keb    Raymond reply that bro execution be no judgement but only a inference and be  precedent in time to bro execution Q holt chief justice distrain be levy Q if  a man distrain for rend and impound the distress and then bring modern report  debt for the same rend the defendant may plead levy by distress as to the sell  by the to lift up it be always allege in plead to be secundum experience manor  which be the custom in most manor be so general that any courtbaron c may  plead it as a custom a see Mod and gilbert law of distress a Adjournatur b see  walker v Freeby Lutw pell v tower Noy Britton v coal ld ray S c Mod S c Mod b  modern report er p
case ALYSON against BYSTON there shall he f day hetween the testae and return  of a to know facias against bail and if they surrender the principal before  the second writ issue he shall he receive ante roll ab more Bulst Litt Jones  cro James barn salk ld raym strange burrow will Bac Abr a capias ad to give  satisfaction issue against one upon arecovery in debt and a non be invention  be return whereupon a to know facias be award against the mainpernors which be  return nothing afterward u Pon a second to know facias award they bring in the  principal and pray that he may he in execution Kemp say that ancient the  course of the court be and so also in the common plea that if a she sa be  return nothing the principal shall do he afterward receive to a see Elizabeth  c and James c b   more c it be now determine by the case of Farren v William  Cowper that the quarter session may proceed by information on this statute and  see term Rep a say vide more v Jones strange croak Elizabeth er p render his  body but they have of late use sometime that if the mainpernors upon the first  to know facias bring in the body it have be receive but now the court order  and appoint it to he observe for a rule that if a capias he award returnable  at the next term whereon nothing be return the principal shall not afterward  render his body but if it he award returnable de die in diem as the course of  the court be here that it may be so do then if upon the first to know facias  the mainpernors bring in the body he shall he receive and that there shall he  fifteen day hetween the testae and the return of the scirefacias so as he may  have convenient time to seek the principal and so it be appoint to he observe  for a rule note easter term Elizabeth hetween man and pack it be rule accord
case AMILES against chamber turf be not titheable Inst prohibition S C keb  march Yelv Mod Mod vern Abr Eq ld ray a parson libel in the spiritual court  against several of his parishioner for litheturf they pray a prohibition  Kelynge chief justice turf gravel and chalk be part of the freehold and not  tithable the court grant one prohibition to all the libel but order the  plaintiff to declare several
case ancell against SLOMAN a plaintiff who sue in form poor man shall pay no  cost on a nonsuit the plaintiff be admit in form poor man by this court bring  a action against the defendant in which he be nonsuit and be take in execution  for the cost of this nonsuit have a estate fall to he since it be move that he  may be discharge because by the statute Henry be who sue in form poor man  shall pay no cost but shall suffer such punishment as the court shall think  fit the court be of opinion that if the plaintiff be a pauper when the cause  be try he shall not pay cost and the descent of land to he shall not have  relation to that time so a rule be make to discharge he modern report er p
case and stanton plaintiff sadler and bush defendant master of the roll a  subsequent purchaser protect by get in a old satisfy statute the plaintiff be  a jointress and the defendant be a mortgagee subsequent to the jointure and  get a assignment of a statute that be precedent to the jointure but be satisfy  and extend it on the land mortgage the bill be to set aside the extent for  that the statute be satisfy and whether the statute be satisfy shall protect  the mortgage or be set aside without payment of the mortgagemoney be the  question and the master of the roll decree that upon the plaintiff pay the  mortgagemoney with interest and cost the defendant shall assign all their  security to the plaintiff but will not set aside the extent without payment of  the mortgagemoney vide Hawkins v tailor ante turner v Richmond post Hitchcock  v Sedgwick post
case Andrew case of Grays inn to send down c raise a covenant against the  entry of the lessor but not of a stranger post   a   roll Rep palm Carth Mod  Mod Mod wood con Leon ld raym dougl gawdy and Fenner justice be of opinion  that upon a lease for year by indenture by to send down et ad strong to give  up that a covenant lie against the lessor if croak Elizabeth er p he enter but  if a stranger enter it lie not without a express warrant for in that covenant  against the lessor upon these word he shall recover the term itself Henry pl  Elizabeth dyer
case andrews against Harper where the sheriff return nothing upon a to know  facias another to know facias shall be award in the court of common plea there  be but one to know facias against the bail and upon a nothing return there be  execution but in the court of king bench the course be to have two to know  faciass against the bail a to know facias and a alias to know facias but both  must not be sue out together as former for the first shall be duly return  before the alias to know facias be sue out which must bear testae on the day  of the return of the first and there must be fifteen day inclusive between the  testae of the first and the return of the alias in the principal case the  court be move to set aside a judgement obtain against the bail modern report  upon two to know faciass bring against they because it do not appear that the  judgement be have on the return of two nihils it be refer to the master to  examine this matter
case andrews against kirk a defendant shall not he allow a advantage from the  defect of his own plea ante   a more debt on a bind the condition be to  deliver fifty quarter of wheat the defendant plead in bar that he croak  Elizabeth have deliver thirty quarter of wheat pen the bill which the  plaintiff have accept but show no deed c upon this issue be take that he have  not accept c and find for the plaintiff it be move that it be no plea so no  issue but it be resolve that it be help by the statute and the plaintiff have  judgement
case andrews against lord cromwell thus far to hold off and disseizivit in a  indictment of forcible entry be sufficient without save contra peace or et to  drive out vent Noy cro Elizabeth   light b palm hawk p c indictment upon Henry  c against Lord Cromwell and other his servant for that they July Elizabeth way  et arms et manu strong disseiziverunt praejatum Edvardum Andrews of such croak  throw land c et thus far extra tenent to go Edvardum Andrews contra peace  speech recently queen elizab the indictment be find at lend assize James the  first exception be take by sergeant Harvey junior for that the indictment be  disseiziverunt and it do not say expuleru as the common form is But all the  court hold it to be well enough for seize imply expulsion and it be sufficient  to ground a indictment and there may be cause for this indictment for he in  reversion or lessee for year be expulse second because it be allege quod thus  far to hold off which be a tort and yet it be not say contra peace domini king  but it be hold to be well enough for the detainer may be without force and not  against the peace wherefore the indictment be good and restitution be award  thereupon
case andrews against needham Michaelmas term pound Elizabeth roll if the  disseizee enter upon the lessee of the seize the lessee may plead it in bar to  covenant by the seize Bac ab wood con covenant the breach be assign in hoe  whereas the defendant be lessee for ear covenant at the end of the term to  leave and yield up the tenement well repair to the plaintiff that he have not  leave c the defend plead that one blunt be seize in fee until by the plaintiff  seize who let to the defendant and afterward blunt reenter who feoff I S who  be yet seize c and it be thereupon demurrer and adjudge a good bar croak  Elizabeth er p croak Elizabeth easter term Elizabeth in the queen bench  Sir John Popham Knt chief justice sir Francis gawdy Knt Edward fennel Esq John  Clench Esq justice sir Edward coke Knt attorneygeneral sir Vil Thomas Fleming  Knt solicitor general
case andrews against strew settlement to husband and wife for life remainder  to trustee for year S c holt S c bro p c S c viner S c viner the case be this  a settlement be make to husband and wife for life and if he die without issue  male live or in ventre sa mere at the time of his death remainder to trustee  for five hundred year to raise daughter portion the husband die leave issue  male at the time of his death which issue male soon after die without issue  male and the wife die the question be whether this term shall rise up again  for the benefit of the modern report daughter the opinion and judgement of the  court be that it shall not it be a condition precedent and not a remainder  upon the determination of the estatetail a Goodier v clark lev a this  judgement be reverse in the house of lord upon the reason that Mr Raymond urge  a see the substance of the argument bro p c a videlicet that the time of his  death relate only to the ventre sa mere and then it be no more than a usual  limitation for the wife be not enceinte
case andrews against the hundred OF Lewknor in a declaration on the statute of  Winton recite that the hue and cry be make accord to the Elizabeth c a  conclusion contra form to cause to stand prediction be good ante S C Yelv vent  b r h andr hawk p c dougl action upon the statute of Winton Edward c of hue  and cry and show in his count the say statute and that such a day he be rob of  so much within that hundred and that he make hue and cry and show how accord  to the statute of Elizabeth c and that within forty day before the action  bring he be swear before such a justice of peace that he be rob of so much  that he do not know any of the felon and that as yet the defendant have not  take any of the felon nor satisfy he contra form to cause to stand predict  unde action to grow progressively after verdict for the plaintiff it be move  that this declaration be not good because the action be find upon two statute  and both mention in the declaration yet he conclude contra form staluti  prediction which be not good the court thereupon doubt and appoint precedent  to be search and after diverse precedent of this court and of the common plea  show to they wherein some be contra form set up predict and some statutor to  say before the court hold that the best form be to cause to stand prediction  for the action be ground only upon the statute of Winton which give the  penalty and remedy and the other show only how the examination shall be and in  what time before the action bring otherwise he shall not have the action but  give not any action and to cause to stand prediction refer only to the statute  of Winton which give the action the best form therefore be to declare contra  form to cause to stand prediction and it be adjudge for the plaintiff croak  James er p
case andrews versus TUCKWELL at the roll a devise of a copyhold be not within  the statute of will because it passes by the surrender but a devise of the  equity of redemption of a copyhold S vern vern Chan Cas a copyholder in fee  make a mortgage thereof and surrender to the use of the mortgagee afterward he  surrender to the use of his will and devise the equity of redemption in fee  the master of the roll direct a issue to try the validity of the will and the  jury give a verdict against the will because it be not attest by three witness  and on the return of the postea the master of the roll say that of devise of a  copyhold be not within the statute of will and therefore in the case of  bodington and bodington where a copyhold be surrender to the use of the will  though the will be not attest by three witness it be adjudge a good  appointment of the use and that the copyhold pass by the surrender but where  the equity of redemption of a copyhold be devise of which there can be no  surrender it must be consider as a devise of land and if the will be not  attest by three witness the devise be void and in this case the second  surrender make by the mortgagor can be of no avail because it be a void  surrender and all the estate be before out of he
case angel versus draper eoden die in court Lord chancellor Eq can ab pl S c a  obtain judgement against b and bring a bill against c for a account and  discovery of good of b which c have get into his hand the bill be that the  plaintiff have obtain judgement against I S for and that the defendant upon  pretence of a debt due to himself and to prevent the plaintiff have the  benefit of his judgement have get good of I S of great value into his hand  sufficient to satisfy his debt with a great overplus and pray a account and  discovery of these good the defendant demurrer because the plaintiff have not  allege that he have sue out execution and have actual take out a become fac  for until he have so do the good be not bind by the judgement nor the  plaintiff entitle to a discovery or account thereof per cur allow the demurrer  the plaintiff ought actual to have sue out execution before he have bring his  bill see the forgo case Reg lib a fol Balch v Wastall p wms so Shirley v Watts  atk on a bill by judgement creditor to redeem mortgage and bind creditor there  be however a distinction take on this head in respect of bill of discovery  between those for a general and indefinite discovery and those for a  particular discovery see tailor v hill mich Eq can ab pl where judgement  creditor of a not have sue out execution suppose some particular effect to be  in the hand of I S file his bill and on the ground of its be for a discovery  of particular thing demurrer overrule in manningham v Lord Bolingbroke east in  Chan demurrer be that no elegit have be sue out and demurrer overrule Leith v  pope on demurrer that July Phipps v bowater that Feb before Thurlow Chan bill  by judgement creditor elegit sue out but not of any effect on account of prior  encumbrance sale of estate pray and receiver appoint Davidson v Foley that  march Lincoln inn hall
case anger against brown a venue must be lie in a declaration in prohibition  SC Jones SC vent SC ray error on a judgement in Ireland in prohibition the  question be whether a place need be allege in the declaration to direct where  a venue shall come say that precedent have be in multitude both way with it  and without it but here hold necessary because damage be give and though the  prohibition be deliver only to the judge yet there have be proceed against the  party for proceed contra regian prohibition they ought to show where the court  be hold that they proceed in and when the prohibition be deliver the contempt  be shower KB the ground of the damage and that be whole uncertain adjudge that  the venue be necessary to be allege and the judgement reverse per tout Le  court
case Annesley v Ashurst Lord chancellor Talbot Eq can Abr pl a trust estate be  decree to be sell for the payment of debt and legacy and to be sell to the  best purchaser a article to buy the estate of the trustee and bring a bill to  compel they to perform the contract the trustee by their answer disclose this  matter the court will make no new decree but will leave the former decree to  be pursue a trust estate be decree to be sell for the payment of debt and  legacy and to be sell to the best purchaser before the master the plaintiff Mr  Annesley contract for the purchase of the premise and enter into article with  the trustee for that purpose it do not appear that the purchase be a unfair  one but this method seem to have be take to avoid the charge and trouble of  bid before the master and of the master report and of get this confirm  afterward the trustee scruple to convey without a decree to indemnify they Mr  Annesley bring a bill against the trustee to compel they to convey and for  their indemnity and the trustee by their answer disclose this matter and  submit to the court be Willing if indemnified to convey the premise to the  plaintiff Annesley pursuant to the contract peer William cur this be all go  out of the way here be a decree direct how and in what manner this trustestate  shall be sell videlicet to the best purchaser and before the master which  decree must be pursue for I can make one decree to contradict the other the  plaintiff Mr Annesley if he have a mind to this estate must go before the  master and get himself report the best purchaser and though nothing unfair  appear yet there be ever occasion to suspect when people be go out of the way  so under a act of parliament for the sale of estate direct the conveyance to  be such as the court shall think proper the court will not approve a  conveyance without a reference to the master ex part the duchess of Newcastle  Ves
case annesly against johnson cattle take in withernam be not replevisable but  on satisfaction make the owner shall have a writ of restitution without pay  for their keep Owen Leon Bac Abr ld raym salk replevin after a second  deliverance a return be award Johnson and averia elopgata be return a  withernam be award of the cattle of the plaintiff and afterward the plaintiff  come and satisfy the defendant his damage and pray a writ of restitution of  his cattle Fleetwood cattle take in withernam be not replevisable for how then  shall the party he satisfy for the meat of the cattle?Curia they be not  replevisable without doubt but upon satisfaction he shall have a post croak  Elizabeth er p a writ of restitution of the cattle and so be the course which  all the clerk do agree and as to the food he have the occupation of the cattle  and it be reason he shall find they meat for it and the writ be grant vide  Henry return de aver
case anon April the that where a bankrupt good be sell by a assignee a  landlord can only come in for his rend pro rata with the other creditor Lord  chancellor a landlord may distrain for his rend upon a bankrupt good either  before or after the assignment under the commission ex part plummer post but  if he neglect to do it and atkins suffer they to be sell by the assignee he  can only come in upon a average with the rest of the creditor ex part  Descharmes post ex part grove ibidem ex part divine cook b law bradyl v ball  bro Charles Rep a mortgagee of a bankrupt estate though he pay the arrear of  rend that be due to the bankrupt landlord unless he apply to the court for a  order that he may stand in the place of the landlord in consideration of his  pay the arrear of rend shall not be prefer to the creditor under the  commission atkins er p
case anon August the that cost accrue by protest bill before a commission  issue may be prove but no part of the cost arise afterward the question in  this petition whether the cost and charge accrue by the protest bill after a  commission of bankruptcy issue can be prove Mr attorney general for the bill  creditor insist that as the note be accept by the bankrupt though protest  after the commission issue yet as the protest be a consequence of the party  accept not pay the bill they may by relation be consider as one entire  transaction and consequent the petitioner be entitle to prove the cost and  charge thereof under the commission Lord chancellor ask some of the  commissioner who happen to be then present in court whether if a person have a  verdict for a debt and be prosecute to a judgement or have recover damage in a  action and be go on to execute a writ of inquiry but before either of they be  complete a commission of bankruptcy be take out against the defendant the cost  and charge of such prosecute to a judgement or such assessment of damage on a  writ of inquiry have be allow to be prove under a commission the court be  inform that it be the constant practice of commissioner to refuse such cost be  prove contra aylett v Harford black Blandford v foot Cowp ex part Talbot burr  Langford v Ellis cook b law ex part Simpson bro Charles Rep his lordship make  the follow order that the cost of the protest arise before the commission  shall be prove by the petitioner but no part of the cost arise afterward so ex  part more bro Charles Rep atkins er p
case anon December S c Ambl sub nom banns v baker see Vernon v vestry of saint  James Westminster Ch d metropolitan asylum District v hill App Cas Cowper  Essex v local board for Acton App Cas Att Gen v Manchester corporation Ch a  bill in this court to restrain nuisance extend to such only as be nuisance at  law and the fear of mankind though reasonable one will not create a nuisance a  motion be make for a injunction to stay the building of a house to inoculate  for the small pox in cold bath field for the motion the follow case be cite  roll Abr hawk pl cro book p she sect Lut Lord chancellor the application be to  be consider in two light first whether the thing complain of be a nuisance  second if a nuisance whether of a public or a private nature atkins now it be  not settle that a house for the reception of inoculate patient be a nuisance  upon a indictment of that kind there have be late a acquittal after a trial at  rye in the county of Sussex the notion of a private nuisance be where it  affect only particular person as in stop up ancient light c vide the east  India company v Vincent atk it then become a public nuisance when it affect  many person though it may likewise at the same time be of a private nature too  as in the case of a hole in the king highway c the present nuisance if any be  a public one for it be not confine to the particular property of the plaintiff  because it be in the nature of terror to diffuse itself in a very extensive  manner but bill to restrain nuisance must extend to such only as be nuisance  at law and the fear of mankind though they may be reasonable one will not  create a nuisance have it be a nuisance the proper method of proceed will have  be by information in the name of the attorney general upon the circumstance of  this case I be of opinion I shall not be justify in grant the injunction which  be now pray and therefore must deny the motion the attorney general v the  foundling hospital bro Charles Rep atkins er p
case anon December the saint a application by a creditor to stay the bankrupt  certificate the commission be take out the that of September and the  certificate sign the that of Nov follow this precipitate proceed be contrary  to the intention of the statute of bankruptcy which be make in favour of  creditor but too often abuse a application by a person who be a creditor of a  bankrupt that he may be admit to prove his debt before the commissioner and to  stay the bankrupt certificate and to be at liberty to assent or dissent  thereto the commission be take out but the that of September last and the  certificate sign the that of Nov follow Lord chancellor disapprove extreme of  commissioner be so precipitate in sign certificate this appear to I to be what  be common call a clear commission for the asignees be very near relation of  the bankrupt such hasty proceed invert the very intention of the act of  parliament which be make in favour of creditor but be too often abuse for the  service of insolvent person his lordship therefore direct the certificate to  be stay see the precede and the follow ease
case anon easter term may notice must be give before you can move to add new  interrogatory for the examination of a defendant on the examination before put  in be report insufficient such a order obtain on a motion of course be  irregular and will be discharge a order be obtain on a motion of course that  the plaintiff shall be at liberty to add some new interrogatory for the  examination of the defendant the examination already put in be report  sufficient and that both set of interrogatory may be answer at the same time  Lord chancellor I find no instance of a order of this sort on a motion of  course it have some analogy to order for amendment of bill where answer have  be report insufficient and if this practice be not of course for add  interrogatory on a examination be report insufficient I will not set up this  as a instance and thereby introduce a new practice atkins I think the court  have rather go too far in allow the amendment of bill on answer be report  insufficient as it have frequent be make use of as a scheme and method of  delay if the party want to add new interrogatory on a examination report  insufficient a application shall be make to the court by notice to the other  party that the court may be a prize whether there be a ground for it but as  this be a order obtain on a motion of course the court think it irregular and  discharge the order
case anon February the that where money by a order of this court be pay into  the accountant general be hand to be place in the bank till it can be lie out  accord to the direction of a decree if you move for a application of this  money you must not only have a certificate that the money be pay into the bank  but that it be actual in the bank at the time of the motion make
case anon January rehear where a plaintiff examine only one witness to  establish a fact yet the court will so far lie stress upon this evidence as it  serve to explain any collateral circumstance Lord chancellor where the  plaintiff charge a fact by his bill which be deny by the defendant answer and  the plaintiff examine only one witness to establish it though the rule of the  court be where there be oath against oath vide Walton v Hobbs atk that the  plaintiff shall not have a decree for relief upon this fact yet this court as  well as court of law will so far lie stress upon the evidence of a single  witness as it serve to explain any collateral circumstance atkins er p
case anon January the that first seal before Hilary term a writ of ne exeat  royal power original connfined to state affair but now very proper use in  civil case upon a motion for a ne exeat royal power Lord chancellor say this  be original confine to state affair and the intent of it be to prevent any  person from go beyond sea to transact any thing to the prejudice of the king  or his government but now it be very proper use in civil case but then say his  lordship to induce the court to continue it to the hear of a cause it be  necessary for the plaintiff to show that the debt she demand against the  defendant be certain so Rico v gaultier post vol shearman v shearman bro  Charles Rep see also anon post vol do case Cox p W note five edit but in this  case here be nothing more than a demand of a wife against her husband by  virtue of a marriageagreement in which the defendant oblige himself to secure  out of his estate real and personal to the wife as a provision in case she  survive he but this be a contingency that may never happen for the husband may  survive her and beside if it be not so this court will have business enough if  they interpose atkins wherever a marriagesettlement be suggest to be a hard  bargain and a surprise on the wife person shall take the proper care before  they marry and therefore his lordship deny the motion atkins er p
case anon July a voluntary society enter into with a intention to provide by a  weekly subscription for such of the member as shall become necessitous and  their widow be in the nature only of a private charity and not necessary the  attorney general shall be a party a bill bring by some of the member of a  voluntary society against other of the same society to settle and adjust some  dispute between they as to the place where it be to be hold and other matter  they enter first into this society in and have print order and rule for the  government of the society among the rest it be to be hold weekly at one  particular victual house upon the death of the master of the house the steward  of the year go away to another house and take the box c the intention be to  provide by a weekly subscription of three penny apiece for those who shall  become necessitous among they the lame blind c and the widow c Mr attorney  general object for want of his be a party as look upon it to be in the nature  of a charity Lord chancellor this be not such a society as make it necessary  for the attorney general in behalf of the crown to be a party in order to see  the right application of the money but be in the nature only of a private  charity and therefore the objection must be overrule
case anon July rehear a master in take a account may state special matter  though he have no express direction from the decree to do it in decree to  account before a master former there be a clause in it that if there shall be  any special matter in take the account the master may state it special but  decree now be draw up without this clause and a master may state special  matter notwithstanding
case anon July the court can let a demurrer stand for a answer Lord chancellor  the court can let a demurrer stand for a answer because it be a mute thing
case anon march a bill bring by a creditor of a intestate for pound on note  charge that the administratrix promise to pay it as soon as she can get in  effect to which she plead the statute of limitation and that she make no  promise to pay the note too general for she shall have plead she make no  promise to pay out of asset if principal be bar so be interest a plea of the  statute of limitation must say the cause of action have not accrue within the  six year that the defendant have not promise to pay within six year be bad a  plea of the statute of limitation by a administratrix to a note for pound the  bill charge that since the death of the intestate who give this note the  administratrix promise to pay it as soon as she can get in effect of the  intestate to discharge it the plea be general that the defendant make no  promise to pay the note Lord chancellor as there be a particular and special  promise charge the plea here be too general note see the precede case the  defendant shall have plead that she make no promise to pay out of asset and  therefore it must stand for a answer with liberty to except atkins if the  principal be bar the interest be so likewise where a note be give for the  payment of a annuity of six pound per annum during the life of the annuitant  the defendant plead that he do not promise to pay within six year be bad he  shall have plead the cause of action have not accrue within the six year so  where a note be give for payment of money three year from the date and a  action be bring that the defendant have not promise to pay be bad because it  be executory and therefore it shall have be that the cause of action have not  accrue so where a note be give to pay pound by instalment that defendant have  not promise to pay be bad because the statute of limitation bar only what be  actual due six year before the action bring
case anon march a plea of a state account as to all matter before account for  be bad it shall aver that it be just and true to the best of the defendant  knowledge and belief the bill be bring for a account the defendant put in a  plea of a state account as to all matter herein before account for Lord  chancellor it be bad because the defendant as to any error charge in the  account may by such a plea effectual defend himself against the discovery of  any error by say only it be before account for he must aver that the state  account be just and true to the best of his knowledge and belief so where a  defendant plead general to all except such part of the bill as be not herein  after answer be likewise bad because it be too general vide Salkeld v science  Ves anon the next case you must be more explicit as to what you plead to the  bill
case anon march at the last seal before easter term bill by husband and wife  for a demand in her right the husband die it be in the nature of a choose in  action and survive to her and the cause do not abate a bill be bring by a  husband and wife for a demand in the right of the wife the husband die Lord  chancellor it be in the nature of a choose in action and survive to her and  the cause do not abate by the husband death vide coppin v p W bind v simmons  atk
case anon march that the last seal after Hilary term after publication  plaintiff can amend without withdraw his replication it be say by Lord  ChancellorThat after publication be pass there be no instance of a plaintiff  obtain a order to amend his bill without withdraw his replication see Goodwin  v Goodwin post vol atkins er p
case anon may the first day of Trinity term a plaintiff where the injunction  have be dissolve upon the merit or for want of show cause can by amend his  bill and the defendant obtain a dedimus to take his answer to it move for a  injunction so travers v Lord Stafford Ves Amb S c but on the answer be come in  he may move for a injunction on the merit so Edward v Jenkins bro Charles Rep  Mr solicitor general move to discharge a order obtain by the plaintiff from  the master of the roll upon this case the bill be bring for a injunction and  on the defendant pray a dedimus to take his answer in the country it be grant  of course on the come in of the answer the defendant move to dissolve the  injunction unless cause and the plaintiff show no cause the injunction be  dissolve the plaintiff afterward amends his bill and on the defendant pray a  dedimus to take his answer to the amend bill move again for a injunction  before the master of the roll who be of opinion he be entitle to it and make a  order accord the motion be now to discharge the master of the roll order for  irregularity Lord chancellor I be of opinion it ought to be discharge for  irregularity when a injunction have be dissolve upon the merit or for want of  the plaintiff show cause why the injunction shall not be dissolve on the  defendant order nisi he can by amend his bill and the defendant obtain a  dedimus to take his answer to the amend bill move for a injunction atkins for  if he can he may amend his bill so often how often and by that mean keep up  the injunction against the defendant in infinitum but if on come in of the  defendant answer to the amend bill he think there be sufficient ground arise  out of the answer to support a injunction he may move for it upon the merit  but a injunction grant on a dedimus to take a answer to a amend bill be  contrary to the rule and practice of the court and therefore let the master of  the roll order be discharge
case anon may the saint Lincoln inn hall SC post the court will not appoint a  receiver of a infant estate where there be no bill file there be no instance  of appoint a receiver of the rend and profit of a infant estate where there be  no bill depend in this court if it be only file there may be a application for  this purpose on behalf of the infant ex part WhiIfield post vol
case anon October the that a bankrupt though he have conform in every respect  to the act relate to bank ruptcy can be discharge from a commitment under a  extent of the crown a petition on behalf of a bankrupt to be discharge from a  commitment under a extent of the crown have surrender himself to the  commissioner and conform himself accord to the act of parliament relate to  bankrupt Lord chancellor the crown be not within the statute of bankrupt and  therefore he can be discharge from a commitment on behalf of the crown
case anon the last seal before Christmas if in Michaelmas term a answer come  in and the plaintiff do not take exception within eight day of Hilary term  after yet on apply to the court he be entitle to take exception provide he do  it within two term the term in which he move inclusive with regard to take  exception to answer I have lie down this rule to myself that if a answer come  in in Michaelmas term and the plaintiff do not take exception within eight day  of Hilary term upon apply to the court he be of course entitle to take  exception provide he do it within two term the term in which he move it  inclusive and if he neglect to do it then the court will not give leave but  upon particular circumstance
case anonymous a a human being replegiando lie upon a ne exeat kingdom  improper holt chief justice the writ of ne exeat kingdom ought not to be grant  but upon great reason and examination otherwise a a human being replegiando  may lie
case anonymous a a person who have compound a indictment for a offence of a  public nature be fine in case for money receive to the plaintiff use it appear  on evidence that the defendant have indict the plaintiff for regrate wool and  afterward compound the matter with he for a sum of money for which money this  action be now bring by the plaintiff b and holt chief justice be so angry with  the party for compound a indictment of a public nature that he have the  plaintiff nonsuit and fine the defendant but he say if it be a indictment for  a private wrong they may do it
case anonymous a action for a libel state that the defendant disperse a paper  write accuse the plaintiff with have say that the war will not end until the  little gentleman innuendo the prince of Wales be restore be sufficient certain  a action upon the case be bring for disperse a paper accuse a gentleman of say  he can see no probability of the war end with France until the little  gentleman a atk a on the other side the water be restore to his right innuendo  the prince of Wales holt chief justice a man may justify in a action upon the  case for word or modern report er p for a libel b brook v Montagu cro James b  otherwise in a indictment c hawk p c ch c the innuendo will not make a action  upon the case for a libel good if the matter precedent be not certain or  import scandal c to the damage of the party d   cro Elizabeth hob d if a man  be in treaty with a woman to marry and another tell he she be under a  precontract this do not import a scandal but yet if it be false a action will  lie e Com dig e in case upon a libel it be sufficient if the matter be reflect  as to paint a man play at cudgel with his wife f hawk p c ch S f the court be  unanimous that this be certain enough modern report without the innuendo  Powell justice allow the book to be law that where the precedent matter be not  certain the innuendo will not help
case anonymous a action for malicious prosecution will not lie against one  attorney for sue another in a inferior court or for sue on the retainer of a  client although he know there be no cause of action roll Rep Mod Mod Mod Mod  Mod Prec in Ch Peer wms Bl Rep a action be bring against four man videlicet  two atorneys and two solicitor for be atorneys and solicitor in a cause  against the plaintiff in all inferior court falsh et wicked know that there be  no cause of action against he and also for that the sue the plaintiff in  another court know that he be a attorney of the commonplea and privilege there  per totan curian there be no cause of action for put the case as strong as you  will suppose a man be retain as a attorney to sue for a debt which he know to  be release and that himself be a witness to the release yet the court hold  that the action will not lie for that what he do be only as servant to another  and in the way of his call and profession and for sue a attorney in a inferior  court that they say be no modern cause of action for who know whether he will  insist upon his privilege or not and if he do he may plead it and have it  allow modern er p
case anonymous a action for say he fire his house innuendo voluntary be have  for a innuendo can enlarge the sense action upon the case for word speak of  one who go about the country to collect charity for a loss by fire the word be  he fire his house innuendo voluntary he be bring up to rook and cheat the  country and since he have fire his house he have cheat it more and more per  quid he lose much charity which otherwise he will have have after trial and  verdict for the plaintiff page in arrest of judgement move that the action do  not lie and the court be of the same opinion for the innuendo do not supply  the place of voluntary a that a innuendo can only explain the meaning of word  but can enlarge the sense of they see roll Abr Brownl lev salk cro car a which  must be prove to make he criminal b see hawk p c ch b and suppose it have be  say voluntary yet the action will not lie modern report for it be not felony c  see king v sparling case crown law d edit king v Breeme case c l Pedleys case  case c l S c call Harris case foster c l c unless it be with intent to fire  his neighbour house d see king v Holmes cro car hale p c hawk p c that edit ch  S d and though the word be take in evil parten yet they be not actionable also  Powell justice say it be unlawful for people to go about the country and  collect charity unless they have letter patent e see Ann c e and per holt  chief justice to say a man be a arrant knave rogue or rascal be not actionable  the judgement be arrest modern report er p
case anonymous a action lie for certify a wrong record per curian upon a writ  of error if the clerk below will certify the record wrong a action on the case  will lie against he for it and if he make no return the plaintiff may have a  writ of execution judgment out of chancery
case anonymous a action lie to recover money receive in account to another use  agent not liable for take insufficient security in account the case on  evidence be this a give a note to b upon c for b to receive it for the use of  a b owe c money and c upon this note discharge b thereof whereupon a bring his  action against b and it lie holt chief justice if a be entrust with the money  of b to lie it out and a lend it to one who passes for a substantial able man  at that time and take a reasonable security for it as his bind c and afterward  the other become insolvent a shall not be charge
case anonymous a affidavit to change the venue must fix it in some certain  county a affidavit for change a venue be that the cause of action if any do  arise in the county of l or in some other than in that in which the plaintiff  lie and it be insufficient for it ought to fix it to a certain county and at  this rate venue may be change almost in infinitum a see merit v bane stram  clarke v Tyson stram bullock v Noke stram a king v Eastbridgford stram burr S  c king v barn stram Wadsworth v executor of guy side king v channel keb king v  chaplin comb Caislor v Eccles ld ray salk holy Trinity v Shoreditch stram  Baxter v Benfield Consts p l a see the statute James c the will mary c king v  the inhabitant of Warminster stram S c fort king v Portsmouth stram and the  statute Geo c modern report er p
case anonymous a apprenticeship serve out of England or Wales will exempt from  the restraint of Elizabeth c indictment on the statute Elizabeth c S for use a  trade not have serve seven year apprenticeship in England or dominion of Wales  hold nought because limit to England or Wales when the statute be general a  indenture SC lev for though it be a breach of his covenant yet as it be waive  by his serve out his time he shall not be bar of his freedom SC ray see green  v mayor of Durham burr and now by Geo c where any person entitle to his  freedom shall apply to the mayor c to be admit give notice and specify the  nature of his claim and the mayor c shall not admit he within a month  afterward a mandamus shall go and if the person be admit the mayor c shall pay  cost a see Johnstone v Sutton term Rep Morgan v Hugh term Rep a see aidy and  land v east India company Bl Rep a the word of the statute be that it shall  not be lawful to any person to setup occupy use or exercise any craft mystery  or occupation now use or occupy within the realm of England or Wales except he  shall have be bring up therein seven year at least as a apprentice but it have  be hold that serve as a shower KB er p
case anonymous a archbishop shall he fine for proceed against a bishop for  excess of jurisdiction Inst Com dig note that sergeant Daniel say he have see  this precedent that the bishop of Durham imprison and for a lie cause  whereupon the archbishop of York as his sovereign dited he to appear before he  to answer for that imprisonment whereupon complaint be make to the king in  parliament the matter be hear there and the archbishop submit himself to the  king grace and be fine four thousand mark and the justice say they have see it  also croak Elizabeth michaelmas term and Elizabeth in the queen bench sir John  Popham Knt chief justice sir Francis gawdy Knt Edward Fenner Esq John Clench  Esq justice sir Edward coke attorneygeneral sir ThomasFleming solicitor  general
case anonymous a assize and also a indictment of forcible entry will lie for  tithe post Henry pl Henry pl bro force cro James hawk p c ld raym salk Mod Mod  indictment of forcible entry in tithe where the party oust pray restitution  the question be whether this indictment be maintainable for it be agree croak  car er p that a assize lie of tithe by the Henry c and they be recoverable as  a lie inheritance calthrop move that the indictment shall be allow as well for  tithe as for rend and for rend it appear that forcible entry lie by  Fitzherbert nat short catalog b Henry pl Henry pl and afterward absent hide a  writ of restitution be grant
case anonymous a attempt to rescue will justify a assault the case be in a  assault it appear that the defendant come manu strong to rescue a distress  from the plaintiff and that the plaintiff have not time to request he to  forbear therefore per curian the assault be well justify a but it must be  plead bull n p for a justification can be give in evidence on the general  issue   light Gibbon v pepper salk Barfoot v Reynolds stram a michaelmas term  the four of queen whether in the queen bench sir John holt Knt chief justice  sir John Powell Knt sir Littleton powys Knt sir Henry gold Knt justice sir  Edward Northey Knt attorneygeneral sir Simon Harcourt Knt solicitor general
case anonymous a attorney appoint by the court to appear for a person  trevanion a ancient decay gentleman at the bar have bring false imprisonment  against a attorney of the court move to have a attorney assign he for none  will voluntary appear for he and the court appoint one at his own nomination
case anonymous a attorney have a lie on paper in his hand note the court will  not compel a attorney to give write without the other party agree to pay he  his reasonable demand
case anonymous a attorney in custody on a habeas corpus can plead his  privilege a attorney of the common plea in custody remove himself by habeas  corpus to the king bench prison and afterward to a action plead his privilege  the court adjudge that the habeas corpus and be in custody upon that be a  waiver of his privilege as well in other action as that in which the habeas  corpus be bring and set the plea aside
case anonymous a attorney on record not to be change without leave of the  court per curium one can change his attorney on record without leave of the  court and after judgement the attorney on record may receive and acknowledge  satisfaction by virtue of his former warrant and when attorney of record be  change the record ought special to mention that it be by consent of the court
case anonymous a bailbond wherein the obligor be bind in quadrant scales be  good upon a motion in arrest of judgement in a action of debt upon a bailbond  wherein the obligor be bind in quadrant scales condition that t S shall appear  on the return of the writ the objection be that the word quadrant be  insensible it be true if the condition have be for payment of money so that it  may explain what be mean in the bind it may be good but where the bind be  single or the condition be for do some collateral act as in this case it be  which do not explain what sum be intend in the bind there it be void modern  report to which it be answer that it may be well on the roll the court  thereupon stay all proceed until the roll be bring in and say though the  condition of this bind be collateral yet the bind be make accord to the  statute car c by which it be enact that none arrest by process c in which the  true cause of action be not express and for which the defendant be bailable by  virtue of the statute Henry c shall be force to enter into a bind with surety  for appear in any sum exceed forty pound and the condition of this bind be for  appear c that may explain what be intend by the word quadrant in the bind  videlicet forty pound accord to the statute modern report er p
case anonymous a bailiff can depute a person to make a arrest holt chief  justice if a bailiff have a warrant from the sheriff on a capias send another  in his room to arrest the person such arrest be illegal
case anonymous a bailiff may break open the door after touch a person against  who he have a warrant through the window of the house Mod salk and see the  same point adjudge in the king bench in Hilary term Geo in the case of the  sheriff of Hampshire v Godfrey see also Bl Com foster hawk p c ch S h Bl Rep  and lee v gansell Cowp a per holt chief justice if a window be open and a  bailiff put in his hand and touch one for who he have a warrant be be thereby  his prisoner and may break open the door to come at he
case anonymous a barrister may be punish for malpractice queen whether be call  to the bar discharge a person from be attorney in a case where Mr m former a  attorney of the court now counsellor all law be accuse of foul practice in his  profession the court say though he be now a counsel yet perhaps that will not  discharge he from be a attorney still and then we may get his demand tax as  such and do any body think but a counsellor at law be a kind of minister of  justice and right and as such punishable for misbehaviour in his profession  and holt chief justice say to he will you have the point try whether a  counsellor at law may commit extortion and with respect to the circumstance of  this case say that this be dragoon of people out of their money
case anonymous a be made fa may be execute on good good fide sell after the  award of the writ post go cro James side Carth pale yellow ex Mod I salk stram  Bac Abr term Rep by car c no writ of execution shall by lead the property but  from the time of its delivery to the sheriff Cooper desire the opinion of the  court that if a become facias he direct to make execution of good and after  the testae of the writ and before the sheriff execute it the party sell the  good bind fide if they can now he take in execution the court hold they may  for by the award of execution the good be bind so that they may he take in  execution into who hand soever they come and Walmsley say so it be rule in a  case at Hertford term wherein he be of counsel
case anonymous a become facias take out before may be execute after the death  of the defendant without sue out a to know facias a execution be take out  against the testator in his lifetime and execute after his decease the writ be  returnable octab Martini and execute on the sixteenth day of November which be  two day before the return be out it be object that this execution be ill be  execute after the testator death and without any to know facias bring to show  cause quare performance non to have modern report er p the court the execution  be sue out before the testator death may be execute afterward without a to  know facias as be resolve in dr needham case Mod a and it may be execute at  any time before the return of the writ nay a execution of it on the very day  that it be returnable be good and if it be execute in the vacation it shall  refer to the antecedent term and so it shall if it be execute in termtime so  be the case of Parker v moss cro Elizabeth b which be determine in easter term  in the thirtysecond year of queen Elizabeth
case anonymous a before bill of review grant the decree to be execute it be  agree by the court and the bar that the course of the court be before any bill  of review be grant the former decree ought to be execute if the cause of the  bill of review be not such as extinguish the whole right and foundation of the  decree as a release and that it be a good plea in bar of a bill of review that  the former decree be not execute and it be say that though bill S of review be  in nature of a writ of error yet it be not favour in equity for upon writ of  error and that only in some particular case one need only give bail to pay  principal and cost but in bill of review the decree ought to be actual comply  with and beside there ought to be a security for cost but a case of palmer v  Denby b be cite where in the case of a executor it be grant without execution  of decree note it be also agree that if a parliamentman sue one at law he may  bring he without breach of privilege into equity to discover matter necessary  for his defence at law Qure
case anonymous a bill dismiss may be plead in bar in chancery if a bill be  dismiss with cost it be a good plea in bar to another bill for the same cause  without oath that the matter be the same only counsel hand be to it and one  may add a new defendant without pay cost so that such addition do not make the  other defendant to change their answer
case anonymous a bill for want of party be not dismiss but stand over a decree  to dismiss a bill on this account reverse in the house of lord a bill in  chancery say Lord Hardwicke be never dismiss for want of party but stand over  upon pay the cost of the day a decree of sir Joseph jekyll in a cause at the  roll to dismiss a be for want of party be reverse afterward for that reason  and a decree of the same nature in the court of exchequer be reverse likewise  in the house of lord
case anonymous a bill of exchange bear interest from the time it be demand per  curian interest upon a bill of exchange commence from demand make and  therefore if there be no demand make until action bring the defendant may  plead tender and refusal and uncore priest and so discharge himself of  interest but if it be the defendant fault that demand can not be make as if be  be out of the kingdom there want of demand ought not to prejudice the  plaintiff
case anonymous a bind or note of twenty year stand shall be presume pay per  holt chief justice if a bind be of twenty year stand and no demand prove  thereon or good cause of so long forbearance show upon a to loosen ad they I  shall intend it pay a strong upon a note if it be any considerable sum modern  er p
case anonymous a bind to pay at instalment and for payment hereof I bind  myself in l nomin penny be two several obligation Ven debt for l and declare  upon a bill which be in this manner he it know that t d do owe unto a l to he  pay unto he l at such a day and so at five see eral day l until l be pay and  for payment hereof I bind I c in l nominepence the ob igee after all the five  day pass bring debt for the l Anderson Glanville and Kingsmil hold that the  action well lie for it be a several bill for the and a bill Iso for the l and  he may well maintain two action thereupon but Walmsley hold it to he one  entire bill and can be say to he several bill be all by one same deed but if  he have writtenin one deed be it know that I owe l c in pron  interrog  rei  testimonium c and have after write be it know also that I owe l in pron   interrog  rei and put his seal thereto this have be several bill whereto the  other justice agree and say that so it be here c
case anonymous a can sa can be take out against bail pen a to be remiss  execution against the principal on reference to the master to inquire into the  irregularity of process upon a to know facias against bail the judgement be by  consent of the defendant ita quid to be remiss execution until such a day  before which day the plaintiff attorney sue out a copy ad to give satisfaction  to charge the bail and have it return non be invention per curian they can  take out a copy ad to give satisfaction to charge the bail during the to be  remiss execution and all proceed be set aside in this case it become a  question whether during the to be remiss execution a testatum capias ad to  give satisfaction in order to have execution in another county may be sue out  the master say it may but the court be silent as to that it not be before they
case anonymous a certiorari to remove a order relate to foreign salt will not  remove one relate to salt general a certiorari issue to remove order make  concern foreign salt and the order return be concern salt in general and it be  hold they be not well remove for a special certiorari can remove general order  though a general certiorari will remove special one modern er p
case anonymous a clergyman be exempt from serve the office of overseer a writ  of privilege be move for to have a clergyman who appear to have no cure of  soul privilege from the office of overseer of the poor and though holt chief  justice seem against it because by he their one modern er p lege of exemption  be only extendible to their spiritual revenue and if in any case the privilege  be personal it be only from commonlaw office and special if they be without  cure as here yet the other three justice be strong against he but however for  his lordship satisfaction they desire that it shall be stir again doctor lee  archdeacon of Rochester be allow a writ of privilege to this charge he from  the office of expenditor for Rumney marsh to which he have be elect by the  commissioner of sewer in respect of some land he have within the level Mod S c  lev S c vent note to former edition same point resolve in the case of the  vicar of Dartford stram by will mary c S dissent minister and by Geo c Roman  Catholic priest be under certain condition exempt from serve the office of  overseer and therefore a clergyman of the church of England may be suppose  exempt for it can be imagine that the legislature intend to confer great  privilege on sectary than the regular clergy be understand to possess but  there do not appear to be any decide case precise to this point a
case anonymous a common jury be return instead of a special jury be no cause  for a new trial vide postea in this term Watson v Sutton in action for word a  rule be for the sheriff to return a special jury who notwithstanding the rule  have be serve upon he return only a common jury after trial this be move by  the defendant for a new trial which be deny because he have make a defence for  since if the verdict have go for he he will have have the advantage of it it  be fit he shall submit to it that it be go against he by if he have not make a  defence a
case anonymous a copyholder for life can cut timbertrees a custom for a  copyholder to cut tree be void holt chief justice say a copyholder have only a  possessory property in timbertrees which if sever from the freehold by tempest  or otherwise the property will be in the lord he say further and so be the  opinion of the court that it will be a hard custom for the tenant to claim  such tree for such custom will be to give away the property of the lord  especial in this case which be occasion by the act of God he also question  whether there can be such a custom as for a copyholder to cut timber be have  only a possessory interest by reason of its be annex to the copyhold land
case anonymous a debt lie against a master for money borrow by his servant if  a servant usual employ to pawn good for his master or to borrow money for he  borrow of I or pawn his master good with I for money I shall maintain debt  against the master thereupon b second if my servant have a note for money due  to I or other good which in their nature be not proper in the custody of a  servant that be evidence prima fancy that he have a authority from I to apply  they to such use as he do afterward put they but the contrary may be give in  evidence as that he come by the note by undue mean or have it to another  particular purpose three if a man have a bill of exchange be may authorize  another to endorse his name upon it by parole and when that be do it be the  same as if he have do it himself fourthly if I pawn good to a for such a sum a  may have debt for the money notwithstanding his have a pawn per holt chief  justice in all respects
case anonymous a declaration must be deliver to the attorney if know or  otherwise it may be leave at the office per curian if a attorney be well know  and may be find it be not sufficient to leave a declaration for he in the  office but it ought to be deliver to he otherwise it suffice to leave it in  the office modern er p
case anonymous a defendant may be hold to bail in crim con Mr Jenkins move for  a special ac etian in trespass for lie with the plaintiff wife which be grant  and hold the defendant to fifty pound bail N B affidavit be produce of the  indecent liberty they take together
case anonymous a defendant who remove a indictment by certiorari must appear  during the term in which the writ be return per curian when one remove a  indictment by certiorari the defendant ought to appear above the term it come  in or else he forfeit the recognizance which he enter into for the try of it  but such appearance need not be in person but by his clerk and without it he  can have a copy of the indictment to quash it
case anonymous a devisee be to be favour as much as a heir at law per curian a  will when clear and the intent of the party full appear be as much to be  favour as any heir at law
case anonymous a distringa be the process of the hundredcourt SC ante by holt  chief justice a writ of to lift up facias be not the proper process of a  hundredcourt but it be a distringa but a to lift up man be by custom
case anonymous a executor cannotavail himself of of judgement which he have  confess in a action against he as administrator pen the suit to which he plead  it post dr saint a debt be bring against I S as executor and pen this action I  d bring debt against he as administrator for a true debt whereas in truth he  be executor I S confess the latter action and plead this recovery in bar of  the first action it be resolve to he no good plea first because the recovery  be have against he as administrator and so be void although this have be only  a plea to the writ and a stranger shall not falsify that which be only to the  writ second he that first sue shall first he serve and the executor may have  plead the first action against he that bring the second croak Elizabeth  michaelmas term and Elizabeth in the common plea sir Edmund Anderson Knt chief  justice Hugh Wyndham Esq sir William periam Knt Francis Rhodes Esq justice sir  John Popham Knt attorneygeneral sir Thomas Egerton Knt solicitor general
case anonymous a executor to obtain time to plead must undertake not to plead  any judgement obtain after his time for plead expire a executor move the court  to enlarge the time for plead the rule be out this be oppose unless he will  enter into a rule not to plead any judgement obtain against he after the rule  be out for otherwise he may confess judgement in the mean time and plead they  in bar to the plaintiff demand the court say they will not deprive the  plaintiff of any advantage he have by law to recover his debt unless the  defendant will enter into such a rule which he refuse the court will not  enlarge the time
case anonymous a executory consideration may he traverse in assumpsit dougl  ante assumpsit the plaintiff declare that the defendant in consideration the  plaintiff shall serve he for one year and manure his land c promise to pay he  forty shilling and allege in facto that he serve he for one year and manure  his land c the defendant plead the plaintiff do not serve he for one year but  depart from his service within the year upon issue join it be find for the  plaintiffi and it be allege in arrest of judgement that the issue be not well  join for it be a traverse of the consideration which be not traversable but it  be rule good and the plaintiff have judgement notam the reason seem to he  because it be a consideration executory
case anonymous a feme covert shall be discharge in common bail holt chief  justice a marry woman be to be discharge upon common bail of course but if it  be doubtful whether she be marry or not she shall be hold to bail if the cause  require special bailSee Edward v Bourke and his wife term Rep Pearson v meadow  Bl Rep milner v miller term Rep partridge v clarke term Rep Tidds practice a
case anonymous a fine without a deed to lead the use shall be take to the use  of the conusor and his heir No new trial shall be grant where the verdict do  substantial justice Twisden justice upon a motion for a new trial say that in  his practice the heir in a action of debt against he upon a bind of his  ancestor plead riens per dissent the plaintiff know that the defendant have  levy a fine and at the trial it be produce but because they have not a deed to  lead the use it be urge that the use be to the conusor and his heir and so the  heir in by dissent a by car c f if any beneficiary and trust leave a trust in  feesimple to descend to his heir it shall be take to be asset by descent and  liable to execution for a debt of the ancestor in whosesoever band such land  by descent shall come after the writ purchase and by will mary c in all case  where any heir at law shall be liable to the debt of his ancestor in respect  of any land descend to he and shall convey they away before action bring he  shall be liable to the value of the land so convey c Seepost Carth Peer wms  Peer wms Bac Abr Eq Abr Mod comb Chan Cas vern dougl a whereupon there be a  verdict against he and it be a just and due debt they can never after get a  new trial b see Mod Mod fitzg salk stram ld raym Peer wms Peer wms burr Cowp  the case of Ashley v Ashley and smith v Huggins strange Edmonson v Wachell  term Rep and Wilkinson v pain term Rep b
case anonymous a general non injure to particular assignment holt chief  justice a bind to save harmless against several particular thing and after in  general here to a general declaration non injure be a good plea and then the  plaintiff shall show a breach though perhaps it be better to answer to the  particular thing and then to say quoad the rest non injure Atkins v hill a cro  Elizabeth fair v Mimms Cowp a the plaintiff shall have assign a particular  breach before he have demurrer
case anonymous a grant of the office of vicar general with a reservation to  the bishop be void if a bishop grant a patent to a man to be vicar general  wherein be reserve a jurisdiction to himself it seem to be repugnant and void  so where a bishop grant his chancellorship with a reservation to himself of  institution and induction and holt chief justice say what can a vicar general  do for if he be restrain he be not a vicar general
case anonymous a habeas corpus cum causan lie to the court of the cinqueport  if the judge there be quasi party to the suit jefferies sergeant move for a  habeas corpus cum causan to the court of Feversham which be one of the  cinqueport and grant because the action be there for a duty or custom for  fruit import thither in which the judge be quasi party to the suit he cite  Witherleys case a and the same be allow in case of the city of London when  they bring debt on a bylaw and the cause be remove this court order a trial by  a jury of Middlesex
case anonymous a have original be not help by Elizabeth c when the suit be by  original writ the statute of Elizabeth c will not help a have writ original a  but the want of a original be aid by verdict   cro Elizabeth and by Henry c  the court will amend any defect in the original arise from the misprision of  the clerk   pale yellow c p barn a but otherwise where the suit be by mesne  process as bill of Middlesex latitat c b the want of a bill on the file be aid  by the statute hob b for the difference herein between trespass and trespass  on the case see hob cro
case anonymous a have plea can be take advantage of after issue thereon and  verdict if a put in a ill plea and b join issue upon it and a verdict be give  against b now shall b never take advantage of a s have plea have slip his  opportunity of demurrer to it but it may be aid by the statute of Jeofails
case anonymous a indictment for a nuisance in keep gunpowder must show  probable danger one be indict for a nuisance for keep several barrel of  gunpowder in a house in Brentford town sometime two day sometime a week till  he can convenient send they to London holt chief justice resolve first that to  support this indictment there must be apparent danger or mischief already do  second though it have be do for fifty or sixty year yet if it be a nuisance  time will not make it lawful three if at the time of set up this house in  which the gunpowder be keep there have be no house near enough to be prejudice  by it but some be build since it will be at the peril of the builder fourthly  though gunpowder be a necessary thing and for defence of the kingdom yet if it  be keep in such a place b as it be dangerous to the inhabitant or passenger it  will be a nuisance a neither counsel nor atorneys be permit to reveal the  secret of their client but this be confine to those fact only which have be  communicate to they in the course of business bull n p saint Tr do v Andrews  Cowp king v watkinson stram king v Dixon burr Cobden v Kendrick term Rep  Wilson v rastal term Rep see also hawk p c ch S to b note this be captain  cossacks case see Bendloes Rep c see ld ray style Mod hob and hawk p c that  edit ch S a this case be at nisi prius before holt chief justice b see the  statute Geo c and Geo c modern report er p
case anonymous a indictment for a riot conclude contra form slat be good a  indictment for a riot conclude contra form slat the exception be that a riot  be a commonlaw offence indictable independent of any statute and therefore the  conclusion be ill holt chief justice though it be not make a offence by any  statute yet diverse statute there be directive of the manner of punish of it  and that be reason enough to make the conclusion good as upon the statute of  stab the thing be felony before but clergy be oust by the statute and yet a  indictment for that sort of felony do conclude contra form slat though the  statute do not make the offence for it be felony before on the other hand a  indictment will be well without conclude upon the statute in that case so both  way be good a so in case of barratry you may conclude a indictment contra form  stat or to visit slat or take no notice of any statute at all for wherever  there be a offence at commonlaw and a statute make a further provision of  penalty a indictment for that offence may conclude contra form slat or leave  it out at election another exception be that it be not say in the caption that  the jury be jurat et load ad tunc et ibidem but no heed be take to it and holt  chief justice further say that it be not usual to quash indictment for a  nuisance riot or any other public offence on motion but in case of petit riot  upon a contest of right of common it have be often do
case anonymous a indictment for steal ten pound in money number be good eyres  move to quash a indictment for take away good of a to the value of ten pound  in money number and the exception be for the incertainty of what be mean by  the word pound whether pound weight or pound sterling but per curium pound of  money be of know signification in law and the term use in all original Prcipe  a quid To give back b cent lib and so be the conclusion of writ and count ad  damn cent lib c and he take nothing by his motion
case anonymous a indictment that a and other engross without say who the dawn  be good lev burr Com dig hawk p c a indictment for engross magnum magnitude  straw for bedding et fni be bad for uncertainty indictment against I S and  twentyseven other of Cheswick for that they engross great magnitude straw for  bedding et fni at Cheswick with a intent to sell it and make it the dear it be  move by Robert hide that this indictment be not sufficient because be do not  say that who the dawn ingross for croak car twentyeight may not ingross  togetber say non allocatur for it may be that twentyeight may ingross and sell  together though it be not probable the second exception be because it be say  that they engross that January car and may car at Cheswick great magnitude  straw for bedding et hay which be altogether uncertain not mention how many  load of bay and how many of straw they engross and for that cause the  indictment be quash
case anonymous a indictment will not lie for sell ale without licence it be  say to have be resolve in the case of the queen v Watson salk see burr a two  year ago in this court and also in one castle be case cro James see burr b  that where a Act of parliament give a particular penalty the party shall not  be punish by indictment in this case the indictment be for sell ale without  licence and it be quash nisi see the case of king v Marriott show S c Mod c  modern er p
case anonymous a inferior court can inflict a forfeiture unless warrant by  statute or custom a order be make at a mineral court hold at Mendipps in the  county of Somerset that the defendant shall forfeit his mineral tool and good  and be banish from MendippHills for ever this order be return it be move to  quash it and the court hold it to be a order against law and not to be support  but by some special custom
case anonymous a inventory though not exhibit by the administrator but take by  commissioner be good evidence on a issue devastavit c upon the trial of a  devastavit well non c Lord Pemberton allow for evidence a inventory though not  exhibit by the party defendant but by commissioner on a commission out of the  spiritual court c and he say likewise that if the defendant will not or do not  exhibit a inventory it shall be take pro acknowledged admitted fact that he  have asset
case anonymous a Jew order to be swear to his answer upon the Pentateuch a Jew  be to put in a answer upon a motion it be order that he shall be swear upon  the Pentateuch and that the plaintiff clerk shall be present to see he swear  vide Omychund v Barker atk
case anonymous a joint bind be good against the party who execute it fazakerly  action on a bind against one oyer crave and it appear to be a joint bind and  conclude seal with the seal of we therefore must be take to be seal by both  Pratt chief justice not without averment and if but one seal it be good  against he judgement affirm
case anonymous a judge remove may report the evidence on a new trial by holt  chief justice if a judge who try a cause be afterward put out upon a motion  make for a new trial he may certify to the court what his opinion be when be  try the cause modern er p michaelmas term the first of queen whether in the  queen bench sir John holt Knt chief justice sir John Powell Knt sir Littleton  powys Knt sir Henry gold Knt justice Edward Northey Esq attorneygeneral Simon  Harcourt Esq solicitor general
case anonymous a jury may have refreshment but not at the expense of either of  the party per curium if a jury eat and drink before give their privy verdict  if it be not at the charge of the party for who the verdict passes it shall  not be cause to set aside the verdict a by car c No action shall be bring  whereby to charge a person on any special promise to answer for the debt or  default of another unless the agreement upon which such action be bring shall  be in write and it be former a rule that where the undertake be before the  delivery and there be a direction to deliver the good and I will see they pay  for it be a original undertake and not within the statute per Lord Mansfield  in Mawbrey v Cunningham Hilary but if though before delivery the promise be  conditional as if b desire a to deliver good to c and say I will pay you if c  do not this be a collateral undertake within the statute Jones v Cooper Cowp  and it be now determine that there be no distinction between a promise make  before or after delivery and therefore where b ask a if he be Willing to serve  one c and on b reply that be do not know c say if you do not know he you know  I and I will see you pay it be hold a collateral promise though make before  the good be deliver to c Matson v Wharam term Rep and the general rule now be  that if the person for who use the good be furnish be liable at all any other  promise by a three person to pay that debt must be in write otherwise it be  void by the statute of fraud term Rep read v Nash will fish v Hutchinson will  Burkemire v darnel Mod and therefore if a tradesman deliver good to a at the  request and credit of b who say before the delivery I will be bind for the  payment of the money as far as l or l this be a collateral promise on the part  of b if it appear that credit be give to a as well as b Anderson v Hayman h Bl  Rep modern report er p
case anonymous a lease make the that day of October habendum from the that day  of November for five year be void for uncertainty cro Elizabeth cro James    pale yellow Eq Rep stram ld ray Sheph touch Bl Com Bac Abr lease l Com dig  estate g run eject ejectment the plaintiff declare upon a lease make the ten  day of October habendum from the twenty day of November for five year and the  question upon a special verdict be whether this be a good or a void lease  Jones sergeant there be many case in which the law reject the limitation of  the commencement of a lease if it be impossible as from the thirtyfirst of  September or the like now this be altogether uncertain and since there be  nothing to determine your judgement what November he mean whether lastpast or  nextensuing it amount to a impossible limitation as in the bishop of bath case  a roll Abr   light b   a in dorset case b roll Abr pl cro Elizabeth roll Abr  more b and in the case of elm v leave Danv Abr p c Baldwin contra the law will  reject a impossible limitation but not a uncertain limitation Vaughan chief  justice and Atkins justice the law reject a impossible limitation because it  can be any part of the party agreement but a uncertain limitation vitiate the  lease because it be part of the agreement but we can determine it not know how  the contract be there be many example of lease be void for uncertainty of  commencement which can not have be adjudge void if the limitation in this case  be good Wyndham and Ellis contra and that it shall begin from the time of the  delivery it be move afterward and Ellis be absent it be rule by Vaughan and  Atkins against wyndham opinion and the judgement be arrest
case anonymous a legacy to be pay out of land be a charge on the real and not  on the personal estate of the testator ante a man devise a legacy out of his  land and die leave sufficient asset for the payment of all his debt and legacy  holt chief justice that legacy ought to be pay out of the land for it be a  charge on the land and not on good though Cowper king counsel say that in  chancery if it be not express that the legacy shall be pay out of land and not  out of good if there be sufficient asset they will charge they in ease of  inheritance to which holt chief justice answer if chancery be meddle with will  they ought to go accord to law in this case a probate modern report of the  will be give in evidence it be of fifteen year stand and the witness be three  and dead positive proof be make of the death of two of they and circumstantial  proof of that of the three
case anonymous a libel will lie in the admiralty court against the vendee upon  land for good piratically take at sea march I sand Hobart sand vent roll ab  lev yely   side lev show   dig wood Inst ld ray dougl I term Rep c b  prohibition to stay a suit in the admiral court the case be that a Frenchman  have his good take from he videlicet salt upon the sea which be afterward sell  to the plaintiff be owner of the ship the party incharged in the journey but  not present at the take at Plymouth and he sue he for the salt in the admiral  court and have sentence against he who bring the prohibition because the  contract for the salt be upon the land and suable at the commonlaw and there  ought not to have be a suit for it in the court of the admiralty but all the  court resolve that the suit in the admiral court be well bring for when the  good be tortiously take upon the sea b piracy it gain not any property in they  against the owner Ana be sell upon the land unless it be in the marketovert do  not alter the property and when the owner find they in his possession he may  well sue in the admiral court for although the court of admiralty have no  authority to meddle with thing upon the land yet when the croak Elizabeth er p  original cause arise upon the sea and other matter happen upon the land depend  upon the original cause those matter although do upon the land shall he try in  the admiral court as Henry pl so a obligation to appear and answer in the  admiral court or to stand to a sentence in that court be suable there a  especial in this case this sale although it be in a marketovert be void  because it be make to the owner of the ship and party to the charge thereof  and so to he intend to he party to the tort wherefore a consultation be award
case anonymous a man may avow for rend on a lease to a and estate without show  all the mean assignment   light a side sand cro car salk dougl term Rep  hearing complaint the question be if the conusor shall he compel to make  mention of all the mean assignment of the conusee c and the court doubt  Anderson c I say that in the time of Lord dyer the case be that lessee for  year assign over his term and there be diverse mean assignment in debt for the  rend he ought to make mention of all the mean assignment and because the  plaintiff can not do it he be compel to distrain and avow for the rend for he  can say he let the land to one who estate the defendant have so it be in waste  a bail be discharge if the defendant hecomes a peer pen the action dougl croak  Elizabeth er p
case anonymous a mandamus do not lie to a hospital to swear in a surgeon  mandamus move for to swear in a surgeon to a hospital holt chief justice say  it can not be for he be but a private servant and it be agree that a mandamus  have go to swear a sexton see roll Abr march a the rule be for they to show  cause
case anonymous a mandamus lie to grant administration to the next of kin but  not to a particular person sir Edward Northey move for a mandamus to the  surrogate of the bishop to grant administration to b modern report er p the  case be that administration have be modern report commit to one who die and  make a executor who will have have it commit to he and not to the next of kin  to the intestate holt chief justice it can be but it must be commit to the  next of kin to the intestate and grant a mandamus for that purpose a  Blackborough v Davies comy Rep king v smith stram barker case andr a
case anonymous a mandamus lie to restore a citizen of London disfranchise for  sue a citizen   a c dig burr Cowp t Rep t Rep periam justice say he have see a  precedent in the time of king Henry the eight that where a citizen of London  sue another citizen in the common bench and the mayor and alderman of London  will have he put the matter to compromise which he refuse whereupon they do  disfranchise he and he show this matter to the court and thereupon they direct  their writ to the mayor c to restore he to his franchise they assess a fine of  a hundred mark upon every of they that be party to the disfranchisement which  they pay as appear by the record and the citizen be restore to his franchise
case anonymous a mandamus to grant probate of a will hold per curian upon  motion that to prove a will in common form and to have a probate under seal a  writ of mandamus lie Fitzherbert style duncomb case here in this court in Lord  hale time and a mandamus be accord grant in this case
case anonymous a marry woman may give coverture in evidence under the general  issue a feme covert may plead non assumpsit and give coverture in evidence  because coverture make it no promise so she may plead non be factum to a bind  and give coverture in evidence see yearbook Henry pl Com dig pleader a milner  v Milnes term Rep pale yellow eved Dixon v Davis stram Westbrooke v Strutville  stram a
case anonymous a n plank psit on a promise to pay fifty shilling when he  receive moan c ought to aver how much he receive and from who and when and  where receive but on the general issue plead these default be aid by the  verdict ante post latch Jones cro car Carth side Mod ld ray Bac Abr notorious  facts Bl Rep dougl to Rep action upon the case the plaintiff declare that  whereas the testator of the defendant be indebt to the plaintiff at the time  of his death in the sum of twelve pound ten shilling that the defendant in  consideration of forbearance promise to pay he five pound at such a time and  five pound more at such a time after and the other fifty shilling when he  shall have receive money then aver that he do forbear c and say that the  defendant pay the two five pound but for the fifty modern er p shilling  residue that he have receive money but have not pay it the defendant plead non  assumpsit which be find against he Wilmot move in arrest of judgement that the  plaintiff do not set forth how much money the defendant have receive who  perhaps have not receive so much as fifty shilling he say though the promise  be general yet the breach ought to be lie so as to be adequate to the  consideration and second that the plaintiff ought to have set forth of who the  defendant receive the money and when and where because the receipt be  traversable the court agree that there be good cause to demurrer to the  declaration but after a verdict t that will intend that the defendant have  receive fifty shilling because else the jury will not have give so much in  damage and for the other exception they hold that the defendant have take the  general issue have waive the benefit thereof
case anonymous a new mill be liable to tithe although erect on land discharge  of tithe march Com dig atk Mod a prohibition pray to the spiritual court upon  a suggestion that the parson libel for tithe of a mill which be erect upon  land discharge of tithe by the statute of monastery Henry c and deny per totan  curian for de molendino de to make new raise non to be thrown or cast  prohibition see Edward c and Bulst Mod
case anonymous a old mortgage asset Qure whether if tenant in tail contract  debt by bind and die and it can be make to appear that some of his ancestor  who buy the estate find a old mortgage upon it for a long term of year which  be keep on foot to wait upon the freehold and inheritance such lease in equity  will not be asset in the hand of the heir in tail a see the case of the  attorney general v sir George sand Hardres S c Chan Rep S c Nell c r S c Eq  Abr S c Freem fosset v Austin Prec Chan a for it be equity only make such  lease descend b cook v cook atk Charleton v low Peer wms villers v villers atk  b and it be the high equity that a man debt shall be pay
case anonymous a order for the maintenance of a bastardchild be good though it  do not state that it be likely to be Chargeable a exception be take to a order  of justice make for the maintenance of a bastardchild that it be not set forth  in the order that the bastardchild be likely to become Chargeable to the  parish which be the very foundation of the jurisdiction of the justice of  peace say non allocatur for the law presume that bastardchildren will become  Chargeable because nobody be bind to provide for they and therefore this need  not appear on the order modern report another objection be that the order be  for the repute father to pay so much a week for the maintenance of the child  until the child shall come to the age of eight year whereas the order ought to  have be conditional if the child continue so long Chargeable say non allocatur  for such order in the very same form have often be allow and the word of the  order towards maintenance of the child imply such a condition N B in case of  bastard complaint be not necessary to the give justice of the peace  jurisdiction as it be in the case of poor a see king v greaves dougl and Mr  Consts edition of bott poor law to a
case anonymous a order of relief to a person until the overseer find he a  house or omit to state that he be poor or impotent be bad two justice make a  order be inform that the overseer of the poor have refuse to pay one shilling  a week to a poor man they order that the say overseer shall continue to pay he  the arrear till they find he a house it be object against this order first  that the overseer have not power to find a house for he that must be do by the  consent of the lord of the manor or by the justice in session second it do not  appear that he be poor or impotent and for these reason it be quash see king v  Highworth king v Stoke ursey and king v Tipper strange that these word be  indispensable necessary in a order of relief a modern er p
case anonymous a order of removal not appeal against be conclusive if a poor  person be remove from the parish of a to the parish of b by a order of two  justice and the parish of b remove he to the parish of c the order of the  justice remove he to the parish of b be become final because b do not appeal  to the quartersession a see king v chip Farringdon salk Malendine v Hunsdon  Foley king v Silchester burr S c king v Llanhydd burr S c king v Kirby Stephen  burr S c king v Hinxworth call king v Swacliffe call king v Southouram term  Rep king v Kenilworth term Rep a
case anonymous a ordinary of Ireland may grant administration of good in  England ld ray a ordinary commit administration out of his diocese or province  a ordinary of Ireland may commit administration here in England of good within  his diocese
case anonymous a parson can bring a action for tithe until he be induct if a  parson be institute only he can have a action of trespass until induction but  holt chief justice say be be entitle to the spiritual profit as ablations c  before induction he be likewise liable to be sue in the spiritual court before  induction if he neglect the cure but he can sue for great tithe before  induction for they be temporal
case anonymous a party can quash his own writ without cause a motion to quash  a writ take out by the party himself be not grantable of course but some  sufficient cause ought to be show to the court modern report er p
case anonymous a pauper can be remove from his freehold per curian the justice  may remove any man that do not rend ten pound ayear let he be worth ever so  much for his have a freehold of his own be foreign and if he have any it ought  to come of his side upon the appeal but see king v saint mary berkhampstead  Bott p l and king v Aythorp rooding burr S c Bott p l and the statute Geo c  Bott p l ch page to a hilary term the second of queen whether in the queen  bench sir John holt Knt chief justice sir John Powell Knt sir Thomas powis Knt  sir Henry gold Knt justice Edward Northey Esq attorneygeneral sir John hawles  Knt solicitor general
case anonymous a pauper nonsuit shall pay cost per curian if a pauper be  nonsuit there shall be cost tax and he shall not afterward go on without pay  the cost or show accord to the statute Henry c S that he be whip but see  Sloman v aynel fort blood v lee will contra and also hullock on cost to where  all the case on this subject be collect a
case anonymous a person arrest must be carry to the next gaol holt chief  justice say that after arrest the bailiff ought to carry the party to the next  gaol if he do not desire to be carry to a place for to send for his friend but  see the statute Geo c the Geo c the Geo c the Geo c and Geo c a
case anonymous a person authorize to sell be impliedly authorize to receive  the money per holt chief justice he who have power to sell have power to  receive the money for if a man give power to his servant to sell his horse he  impliedly give he power to receive the money and payment to such servant be  payment to the owner
case anonymous a person commit in execution by one court can be bail by  another ante Inst Vaug palm Com dig hawk p c term Rep term Rep one I S upon a  habeas corpus be bring to the bar and return that he be commit by order of the  exchequer car for not pay of a fine of fifty pound by the ecclesiastical  commissioner impose upon he and although it be not show wherefore the say fine  be impose yet because that commitment be by a Judicial court this court will  neithrr bail nor discharge he
case anonymous a person in execution how to be charge a be in execution at the  suit of b and charge with a action at the suit of c who obtain judgement he  ought to charge in execution by To bring together and not by capias to give  satisfaction but he may have a fiery facias but qure if after he have charge  he by To bring together he may have become facias he continue so in execution  by the statute if one in execution by capias to give satisfaction escape the  plaintiff may sue a become facias
case anonymous a person sue in form poor man can have a new trial or remove  his cause ante Mod stram stram north chief justice a man admit in form pau  peris I not to have a new trial grant he for he have have the benefit of the  king justice once and must acquiesce in it we do not suffer they to remove  cause out of inferior court they must satisfy themselves with the jurisdiction  within which their action proper lie
case anonymous a person who have mortgage a copyhold estate be not a competent  witness in a ejectment concern it at the sit in Middlesex videlicet at  Westminster in a ejectment there want evidence to prove that I S be the son of  I S to who a copyhold estate be to come and who have sell it to the lessor of  the plaintiff the say I S be call to prove it but darnel sergeant object that  he can not be a evidence he have sell the estate which be two house in  Whitechapel to the lessor of the plaintiff but Pratt chief justice say that it  be a copyhold and there be no covenant against he as usual in conveyance in  feesimple nor any general warranty he may be admit to prove the estate be in  and be now go out of he if he have no interest in it he be accord examine upon  the voir dire if he have any interest in it and say that he only mortgage it  and do not sell it he be set aside as a incompetent witness for the equity of  redemption still reside with he modern report michaelmas term the eight of  George the first in the king bench sir John Pratt Knt chief justice sir  Littleton powys Knt sir Robert Eyre Knt sir John fortescue aland Knt justice  sir Robert Raymond Knt attorneygeneral sir Philip York Knt solicitor general
case anonymous a plea must answer the whole declaration debt upon a bind for  payment of five hundred pound the defendant plead payment of two hundred and  twentyfive pound part of the say five hundred pound to this the plaintiff  demurrer and per totan curian adjudge to be a discontinuance because he have  only answer to part of the demand a harlakenden case   askew v Sanderson cro  Elizabeth thornhil v lascells cro James Pendlebury v Elmot cro Elizabeth  Swinstead v lydall Mod S c salk tailor v coal term Rep a
case anonymous a postea once bring in be always under the control of the court  once a postea be bring into court though the plaintiff take it out again yet  it remain in possession of the court and the officer of the court may command  the plaintiff to bring it in and the defendant may give the plaintiff notice  to bring in a postea in order to move in arrest of judgement
case anonymous a prisoner can be retake on a escape if the plaintiff have  discharge he if a prisoner make a negligent escape and afterward upon a  agreement between he and the plaintiff at who suit he be in execution the  plaintiff discharge he the marshal or gaoler can take he a see Buxton v home  show Phillips v stone Leon Scott v peacock salk Anonymous stram and the case  of Willing v goad that if a prisoner make a negligent escape and during his  absence the plaintiff send a discharge of his debtor to the marshal the  marshal can either retake he for his fee or detain he on a declaration deliver  for have contrive the escape of another prisoner for the plaintiff be satisfy  the retake be illegal stram nor can the sheriff retake a prisoner after a  voluntary escape Atkinson v Jameson term Rep a for the retake he and render he  to the countygaol upon the statute Ann stat c b see Ann c b be only a shift of  the gaol and be whole find upon the original process and only a continuation  thereof Powell justice put this case suppose the marshal suffer a escape and  then by virtue of the statute whether c the plaintiff by a judge warrant  retake he whether a action for the escape lie against the marshal to which the  court give no answer
case anonymous a prisoner in execution in the cinque port may be borough up by  habeas cor we t and charge with a action out of that jurisdiction Cr James  side Mod Mod one bring up by habeas corpus out of the cinqueport upon a  information for break prison where he be in custody upon at execution for debt  barrel move against it Twisden justice suppose a man be arrest in the  cinqueport for a matter arise there and then another have cause to arrest he  here be there not a way to bring he up by habeas co put barrel it be never do  but there have be a habeas corpus thither ad faciendum recipiendun Kelynge  chief justice if a man be in prison in the fleet we bring he up by habeas  corpus in case there be a suit against he here Twisden justice where shall  such a man be sue upon a matter arise out of the cinque port barrel if it be  transitory it must be sue there if local elsewhere Twisden justice then you  grant if local that there must be a habeas corpus and so it be allow in this  case a but see the case of Melsome v gardener Cowp and the statute will mary c  S a
case anonymous a probate of a will make by a femecovert can be grant without  the husband consent banister sergeant move for a prohibition to the spiritual  court to prohibit they from prove a will make by a femecovert without her  husband consent holt chief justice say a femecovert can devise what she have  as executrix without the husband consent and the motion be grant nisi this  term and make absolute in Trinity term follow a see brook v sir William turner  Mod S c Mod Shardlow v Naylor salk Jenkin v Whitehouse burr Cothay v Sydenham  brown c c stone v forsyth dougl Fettyplace v gauge brown c c king v  bettesworth stram a
case anonymous a prohibition do not lie to the spiritual court for refuse a  plea proper to the jurisdiction libel in the spiritual court for not pay his  rate to the repair of saint Bartholomew the less near the royal exchange the  defendant plead that be occupy a shop in the exchange and be not a parishioner  in that parish they refuse the plea on which strange move for a prohibition  per curian as it be a plea which be proper for their jurisdiction and they may  try a see Roger v Davenant Mod a if they have do wrong in refuse the plea  appeal but deny the motion
case anonymous a prohibition lie to the spiritual court against a libel to  enfore a rate to repair if a Act of parliament have pass enable the  parishioner to raise money to rebuild the church counsel show cause why a  prohibition shall not go to the spiritual court the foundation of the libel be  for a rate to repair the church and there be a sentence and a appeal upon that  and now after all this they will have a prohibition but with submission they  come too late it be true in the time of the late king James the second there  be a Act make for building this church James c a with power to raise a sum not  exceed fifty thousand pound so that they suggest that there be money enough  raise by that Act and that this rate be illegal make but your lordship will  not examine into that now therefore we hope that since here be nothing  contrary to the Act or for ought that appear against law the rule may be  discharge e contra I hope not they snap a sentence ex part in the first place  but we go upon two point modern first upon the Act of parliament which  prescribe a particular manner of raise the money and therefore you can go to  the spiritual court for it second it be a rate declare to be make by the  vestry and no vestry can be call till the church be finish that which we  insist upon be that the statute be not follow which prescribe particular way  of raise the money holt chief justice Aye what say you to that answer our suit  be for the repair of the church and not for the building of it holt chief  justice but what will you say to the rate that be make for repair the  watchhouse that certain must be ill answer this money be not raise for the  watchhouse but for repair the church there be indeed something of a watchhouse  mention in the libel holt chief justice for that something a prohibition must  go give they a declaration in a prohibition
case anonymous a prohibition may issue at any time holt chief justice you  never be too late for a prohibition after sentence see Inst Mod salk burr  dougl Cowp term Rep term Rep a in any case but one and that be where the suit  be out of the diocese upon the statute Henry c because by plead you own their  jurisdiction see cro car vent show Com dig prohibition f b modern er p
case anonymous a refer to dibb v brook Q b joint trader be joint charge unless  special agreement first if there be several joint partner and one have deal  general with one of they in matter concern their joint trade whereby debt be  due to he it shall charge they joint and the survivor of they but if in that  case one have rather deal with one of they upon his own account be must make  his agreement special in which case the debt shall be only his and his  executor and shall not survive a second if one or more of the joint trader  become bankrupt his or their proportion only be assignable by the commissioner  to be hold in common with the rest who be not bankrupt b three if there be a  act of bankruptcy commit and a creditor obtain a a at nisi prius before holt  chief justice a see Watson on partnership b see Jacky v butler ld ray  Backhurst v Clinkard show Lord craven v widow Chan case Heydon v Heydon salk  Richardson v Goodwin vern fox v Hanbury Cowp and cook b l d edit modern report  er p judgement subsequent to it then a commission be take out now the  judgement be thereby avoid modern report fourthly if there be several joint  trader payment to one of they be payment to all so if they all except he to  who the payment be make be bankrupt the payment be only unavoidable as to his  proportion and if there be four partner whereof three be bankrupt and their  share assign and a payment be make to he that be no bankrupt it be a payment  to all the assignee for now they be all partner
case anonymous a release by a copyholder to the lord grantee of the freehold  be a extinguishment of the copy ante hut Jones hob Leon cro James lev Bac ab  Bac ab pale yellow ten the case be the lord grant the freehold of a co hold to  estranger the copyholder be in possession release to the grantee all his right  in the land the question be if this do extinguish the copyhold Anderson c j  hold it do not and say it be adjudge that if tenant for life release to he in  the reversion this be void for it can inure as a release for he a see Geo c  croak Elizabeth er p be in possession nor can it inure croak Elizabeth as a  surrender for want of fit word so of lessee for year dyer and it be so in this  case but snagg sergeant say he know it to he rule in a case of great  importance that notwithstanding the word will not amount to a surrender yet  the consent and agreement of the lessee which be prove by the deed will amount  to a surrender
case anonymous a release do not discharge a note give the same day holt chief  justice if upon a general release the releasee give the releasor a bill of  exchange note c bear even date with the release the release shall not  discharge they modern report trinity term the twelve of William the three in  the king bench sir John holt Knt chief justice sir John Turton Knt sir  Littleton powis Knt sir Henry gold Knt justice Edward Northey Esq  attorneygeneral sir John hawles Knt solicitor general
case anonymous a rend may be reserve on word of covenant holt chief justice a  rend may be reserve on word of covenant but where there be a rend reserve and  a covenant also for other money in the same deed debt will not lie for modern  report the latter as if I demise twenty acre reserve twenty pound ayear and  further agree with he in the same deed that for as many acre as be shall blow  up he shall give ten shilling more for each per annum this last sum be no rend  and a action of debt will not lie for it
case anonymous a second information not to be file till the first be discharge  ante the solicitor general move for leave to enter a non pro upon a  information in order to file another sir same Ashtree the master of the crown  office say the course be to come to he and pay cost upon the information and  then to enter a non pro and per curium you shall not file a second before the  first be discharge
case anonymous a servant need not give notice to gain a settlement holt chief  justice there needs no notice to the church warden c of a servant come into a  parish to gain a settlement because the justice of peace though there have be  notice can disturb he a
case anonymous a there must be personal notice and a demand of the money to  bring a party into contempt for not perform a award motion be make for a  attachment for nonperformance of a award and per curium there must be a  positive affidavit of personal notice of award and demand of the money all at  one time because it bring the party into contempt but if the party keep out of  the way on purpose there must be a affidavit thereof and of endeavour use to  find he out and serve he and it be but of late that attachment have be the  mean to compel performance of award but the old remedy be case b
case anonymous a to know facias against a plaintiff in error be only to compel  a assignment of error after a writ of error sue out if a to know facias be  bring against the plaintiff in error to show cause why there shall not be  execution on the judgement the end of modern er p it be to compel the  plaintiff to assign error and execution ought not in strictness to be take out  until non pro enter
case anonymous a to know facias recite a judgement obtain in the reign of one  king as in the reign of another be have judgement be upon the return of two  nihils to a to know facias recite a judgement in the king time when in truth  it be a judgement of the time of the king and queen and so no judgement to  warrant the to know facias and money levy by virtue of this judgement per  curian in strictness the defendant ought to be put to his hearing complaint  but we do often give relief upon motion and the judgement on to know facias be  set aside and restitution award
case anonymous a trooper may on the king order to retain his horse maintain  trover against his captain for detain it in trover the case be this the king  order be issue upon the disband of the army that each trooper shall retain his  horse and this action be against a captain who in breach of the say order have  take the trooper horse and it be hold that trover lie for the trooper in this  case for although before the property be in the king yet by the order it be  vest in the trooper he have the possession at that time a see the statute will  c S the Ann c S and the case of Harris v Benson stram Goostree v mead bull n p  modern report er p
case anonymous a uninhabited country new find out and inhabit by the English  to be govern by the law of England a conquer country to be govern by such law  as the conqueror will impose but until the conqueror give they new law they be  to be govern by their own law unless where these law be contrary to the law of  God or total silent memorandum that of August it be say by the master of the  roll to have be determine by the lord of the privycouncil upon a appeal to the  king in council from the foreign plantation saint that if there be a new and  uninhabited country find out by English subject as the law be the birthright  of every subject so wherever they go they carry their law with they and  therefore such new find country be to be govern by the law of England though  after such country be inhabit by the English act of parliament make in England  without name the foreign plantation will not bind they for which reason it  have be determine that the statute of fraud and perjury which require three  witness and that these shall subscribe in the testator presence in the case of  a devise of land do not bind barbados but that dly where the king of England  conquer a country it be a different consideration for there the conqueror by  save the life of the people conquer gain a right and property n such people in  consequence peer William of which he may impose upon they what law he please  but dly until such law give by the conquer prince the law and custom of the  conquer country shall hold place unless where these be contrary to our  religion or enact any thing that be malum in see or be silent for in all such  case the law of the conquer country shall prevail see the case of Blankard  versus Galde salk see also Campbell v hall Cowp sprag v stone Doug king v  Vaughan burr attorney general v Stewart mere Forbes v Cochrane b c peer  William er p
case anonymous a variance between the indictment and declaration for the  malicious prosecution be fatal in case for a malicious prosecution for felony  bring after acquittal it be agree that the declaration must agree with the  indictment substantial and here the indictment be for steal One sinitunculum  England a callico quilt and the declaration One sinitunculum it be adjudge a  material variance a but the declaration have beside lie general that he charge  the plaintiff with felony before a justice of peace it be hold sufficient to  maintain the action b and likewise that it be necessary for defendant here to  prove a felony commit and also a probable cause of suspicion c modern report  michaelmas term the thirteenth of William the three in the king bench sir John  holt Knt chief justice sir John Turton Knt sir Littleton powys Knt sir Henry  gold Knt justice sir Thomas Trevor Knt attorney general John hawles Esq  solicitor general
case anonymous a warrant must be ground on a legal information holt chief  justice declare that if complaint be make to he that a justice of the peace  bad issue a warrant to take away good out of a man possession to which he  pretend a right he will send for the justice and bind he over for people must  take the legal remedy that be detinue trover or replevin
case anonymous a what evidence will maintain a declaration the plaintiff in a  action on the case declare on a agreement make between he and the defendant  that the defendant will let he have the use of twelve acre of turnip for such  a time for his sheep the evidence be that he will let he have twelve acre of  turnip and per holt chief justice it maintain the declaration for the land do  not pass as it will by grant of so many acre of pasture but it be like grant  so many acre of corn whereby the corn only will pass
case anonymous a wife may swear the peace against her husband a wife shall be  admit to swear the peace against her husband because a matter concern her  person a
case anonymous a witness if interest must produce the release before he can be  a evidence Lord Hardwicke lie it down as a rule that where a person have a  interest it be not sufficient for he that he have be satisfy he must produce a  release a general release and not a partial one Sandford v Paul bro Charles  Rep Ves junior or his evidence can be read
case anonymous a witness subpcenad be protect from arrest to go et Of persons  S C vent Henry pl roll ab Mod Browul raym l Mod Ch Rep salk gilbert Com p  black Rep Tidds prac and see the case of Meekins v smith h Bl Rep and kind v  William term Rep upon a motion by Mr dolben for a attachment Twisden justice  say if a man have a suit depend in this court and be come to town to prosecute  or defend it here be can be sue elsewhere but if a man come hither as a  witness he be protect to go et Of persons
case anonymous a witness though not subpnad shall have his expense per curian  if a witness come voluntary to give evidence without a subpoena consideration  shall he have of the party charge in maintain himSee Elizabeth c S a
case anonymous a writ must issue to warrant a voluntary appearance holt chief  justice by the ancient rule of the court there can not be a voluntary  appearance without a writ be take out but even now there must be a writ take  out before or after for without a writ the party have no day in court without  which they can appear and be see no difference between a voluntary appearance  and one upon a to take in hand corpus for sure the plaintiff ought not to be  put in a worse condition for his kindness in not arrest the defendant if a  writ be returnable crast animar and a voluntary appearance to it it will be  the same as if it be upon a to take in hand corpus
case anonymous a writ of error reverse a recovery may be reverse if bring by  he who be not in the immediate remainder notam per curian a writ of error be  bring in this court to reverse a common recovery and there be a to know facias  issue out against all the terretenants and they make default the recovery be  reverse and it appear afterward that the plaintiff in the writ of error have  no title there be a modern remainder man before he the court reverse their  former reversal quod notam
case anonymous a writ of excom need not state the cause of defamation on a  motion to quash a writ de excommunicate to take in hand the first exception be  that the writ say only causan defamationis but do not say what defamation now  there be some defamation that be not of spiritual conuzance this objection be  overrule by the court who say they will not presume that any court will exceed  its own jurisdiction unless it appear plain it have do so the second exception  be that the stand forty day excommunicate do not appear in the writ say non  allocatur for the forty day be never insert in the writ but in the  significavit only a see cro car Jones Mod salk Com dig Excommengement b a  beside this objection be not proper here but in chancery the forty day  excommunication be the very foundation upon which the court grant the writ the  three exception there must be a proper addition now the word be chiothecario  instead of chiothecario say non allocatur
case anonymous acceptance of satisfaction after a bind be forfeit will not  discharge the obligation post   a   bro debt cro James debt upon a obligation  to pay forty pound at Michaelmas eve the defendant plead a concord hetween the  plaintiff and he that if he give he hawk and twenty pound at Michaelmas day  the obligation shall he void and say that he give the hawk and twenty pound at  the day and the plaintiff accept it and this be hold no plea for it appear  that for not payment at the day the bind be forfeit and so hecame single which  can be discharge by such a naked averment in fail of such a acceptance  although the agreement be before the day but acceptance before the day be a  good discharge a see Geo c croak Elizabeth er p
case anonymous action against a sheriff holt chief justice a action will lie  against a sheriff for not return good issue upon a distringa
case anonymous action bring by principal be a revocation of letter of attorney  holt chief justice a give a letter of attorney to b to receive money for he  from c and afterward bring a action for the money against c who afterward or  intestate and either party one debt may be set against the other and either  plead in bar or give in evidence upon the general issue at the trial c and by  Geo c S commissioner of bankrupt be authorize to take notice of mutual debt  between the bankrupt and any other person and to admit what shall be due on  either side on the balance of such account but by Geo c S if either of the  debt accrue by reason of a penalty it must be plead in bar in what action a  setoff be allow under these statute see Tidds practice to a see piper v Dennis  ante a but see now whether c S b see clerk v Mundall ante bank of England v  Newman ante lambard v oak ante pell v garlic post east India company v city  stram more v warren stram Manwaring v Harrison stram Hayward v bank of England  stram Pepys v Lambert stram hoar v Dacosta stram Fletcher v Sandys stram  Metcalfe v hall bull n p Tindal v brown term Rep a clark v Adair espin dig a  see Campion v Nicholas stram Hernaman v Bawden burr abernethy v Langdale dougl  modern report er p pay the money to b the attorney it shall not abate the  action because the commence the action be a revocation of the letter of  attorney
case anonymous action for a escape from the counter must be against both the  sheriff note on a escape out of either compter the action must be against both  the sheriff of London
case anonymous action for malicious prosecution will not lie if there be  probable cause per curian if the person be ever so innocent yet if there be a  probable cause of prosecution a action for malicious prosecution will not lie  for it must be direct malice without any colour of cause that will support  such a action Anonymous post farmer v sir Robert darling burr accord a vide  salk Mod vent Carthew modern er p
case anonymous action lie for sue without cause in a inferior court inferior  court if suit be there without cause a action lie but not for a causeless suit  in the court at Westminster false imprisonment lie for one take by process out  of the inferior court if the cause arise not within their jurisdiction also a  sheriff on action of escape shall take advantage of the cause arise out of the  jurisdiction but suppose a sue in a inferior court in London for pasturage of  cattle in Essex which be plain a cause out of the jurisdiction and he recover  a verdict thereon and afterward he bring another action above for the same  cause and the defendant plead in bar the proceed below and the plaintiff reply  that the cause arise out of the jurisdiction be this replication good can the  plaintiff take advantage hereof himself quaere
case anonymous Administration may be grant to the next of kin or to the wife  Administration may be grant to the next of kin or to the wife or next of kin  to the intestate as the spiritual judge please the wife shall come in for a  share by the new statute and as to creditor they be all one administrator the  court may divide the administration or give it all away as they please but the  husband shall have administration of the wife before all other so if she have  credit
case anonymous administrator cost a administrator shall pay cost for not go on  to trial see ante salk salk ld ray stram burr Ogle v Moffat barn Bennet v  Coker burr Nuntilde ez v Modigliani h Bl Rep a
case anonymous admittance imply Qure whether if a lord receive rend or take a  fine before admittance this will not amount to a admittance a that the  acceptance of rend after notice of a surrender be a admittance in law see roll  Abr if the surrender be previous present cro James Bulst Yelv say vide bridgem  Poph Brownl the lord be not entitle to the fine till after admittance term Rep  a modern report er p
case anonymous affidavit may be read in corroboration note here it be agree to  be the course of the court that where upon a affidavit make a day be give to  hear counsel on both side the party may read as many affidavit as be please in  corroboration of the first and concern the same matter but must read none  concern new matter see king v sharpness term Rep a
case anonymous after a nonsuit in replevin it be too late to object that the  avowry state a particular estate without show its commencement or a seize in  fee ante in replevin the avowant say that he be possess for year and make a  underlease reserve rend c for which arrear be distrain the plaintiff be  nonsuit and a return irrepleviable award the exception take upon the return of  the writ of enquiry be that the avowry be nought for that the avowant plead a  particular estate without show who have the fee and the commencement of the  particular estate but though that be bad yet be after the nonsuit it be too  late for the interlocutory judgement be such on which a writ of error lie as  in judgement on a writ of dower
case anonymous after demurrer join the defendant shall not waive and plead the  general issue Mod salk note after demurrer join we can give leave to the  defendant to waive his demurrer and plead the general issue and here the  demurrer be enter on the roll it be a record of court when it be bring into  court and put into the paper to be read as a record easter term the seven of  William the three in the king bench sir John holt Knt chief justice sir  William Gregory Knt sir Giles eyres Knt sir Samuel eyres Knt justice sir  Edward ware Knt attorneygeneral sir Thomas Trevor Knt solicitor general
case Anonymous against candish the jury can assess several damage in trespass  of assault and wound although the general issue be plead as to one and a  justification to the other ante post cro car cro Elizabeth Brownl Bulst Sayers  damage error of a judgement in trespass of assault battery and wound diverse  error be assign which be overrule to be no error one be assign over as far as  that the defendant as to the battery and wound be not guilty and as to the  assault justify the issue be join de son tort demesne and both issue croak  throw croak James er p find against the defendant for the first battery and  wound sixpence damage and for the assault upon the other issue one penny  damage and judgement give for the plaintiff accord whereas the jury ought not  to give damage for the assault because it be include in the first issue and  that be try this need not and in regard they find damage several it be double  damage for one and the same thing which ought not to be wherefore it be  reverse
case anonymous against Fitzgerald in chancery Trinity term Geo a action be  bring upon a policy of insurance by the trustee the trust be declare upon the  policy itself and it be now move that the trustee though a plaintiff in the  action may be receive as a witness upon the trial at law modern report  Hardwicke Lord chancellor where policy of insurance have be make to a to the  use of b the legal interest be judge to be in b a the trustee have be admit at  law to be a witness but where the trustee have the legal estate and the action  have be bring in his name he can never to be sure be admit as a witness upon  any of the principle of law a defendant in this court no doubt can apply in  this court to have the plaintiff trustee examine in the cause but I be afraid  it be not so where the plaintiff come to have himself examine though be be a  trustee this shall have be mention at the hear of the cause and then if I have  be tell that you must bring action upon the policy and shall have occasion to  examine the trustee I will have direct a issue and have give liberty to have  the trustee admit as witness but I can do this upon motion when the cause be  out of court it be then move that the deposition of several witness examine in  this cause and now abroad may be receive as evidence at law and his lordship  say it be now the constant practice in the court of law to admit such  deposition in evidence where the witness be abroad
case anonymous alimony shall be sue for in the spiritual court and not in  chancery Ch Rep Com dig in the late time they sue for alimony in chancery and  the judge be then of opinion that there be no spiritual court nor civil law  the chancery have the jurisdiction in those day but now shower KB we have  CourtsChristian the chancery will allow of demurrer to such bill for alimony a
case anonymous all the mariner of a ship may sue the master joint for their  wage upon motion it be hold that if all the mariner of a ship join to sue the  master in the admiralty court they may do it and no prohibition lie but if the  master and seaman join in a suit against the owner for wage a there a  prohibition may issue on motion
case anonymous amendment and the attorney order to pay the cost in arrest of  judgement it be move first because the cause be try as a action of trespass  and the writ be purchase as a action of trespass on the case second the writ  be purchase against James style and the declaration be against John three it  be not lie in the declaration that the defendant take the plaintiff good  though it be in the writ modern fourthly the distringa issue out to the  coroner to return the jury which be say in the jura to be return by the  sheriff the court if the judge have a right to try the cause the error and  mistake of the clerk will not set aside the verdict all record be consider as  the act of the court and make up by it and consequent the court may and shall  amend they for their own honour and credit original writ be not amend because  they issue out of another court nor be there anything to amend they by but  here the distringa be a good copy by which to amend the jura in reality this  declaration be very good but if it have not it may be amend after verdict will  chief justice think this so great a neglect in the attorney that he order he  shall pay the expense of the motion
case anonymous amerciament at a courtbaron holt chief justice say he never  understand the case of Wilton v Hardingham in Hobart a the defendant plead in  justification of a trespass that the plaintiff be a common baker that he be  present at a court leet for sell bread contrary to the assize that thereupon  he be amerce and the amerciament afeard to ten shilling and that by a precept  from the court he distrain the plaintiff for the say ten shilling and the  court give judgement for the plaintiff because it do not appear that the  offence be commit within the jurisdiction of the leet see Colebroke v Elliot  burr but Lord Hobart note that the plea be absurd because it say that the  plaintiff be amerce without say what for that the jury must amerce to a  certain sum which may be mitigate and afeard by other hob but in the case of  matthews v caryi show this opinion of Lord Hobart be deny to be law for by  holt chief justice the amerciament ought to be the act of the court and the  affeering to be by the jury for that the jury can amerce and with this agree  Beechers case   Fitzherbert n b   light b that the amerciament need not be in  a sum certain see mirror c S bro Abr amerciament Keilway   cro car keb salk  show lev hawk p c ch S a that in case of a amerciament at a courtbaron the  certain sum need not be set by the court but it be enough if it be ascertain  by the affeerors Mr Pengelly say many authority be otherwise modern report er  p the five of queen whether in the queen bench sir John holt Knt chief justice  sir John Powell Knt sir Littleton powys Knt sir Henry gold Knt justice sir  Edward Northey Knt attorneygeneral sir Simon Harcourt Knt solicitor general
case anonymous answer in chancery file in the six clerk office evidence at a  trial at bar a answer in chancery though not swear be give in evidence because  it be prove to have be file two the six clerk office
case anonymous ante a defendant shall have no cost upon judgement for he in  demurrer in abatement a
case anonymous ante enter judgement holt chief justice ever judgement enter  before the essoinday of a term be of the precedent term but if enter after the  essoin commence it be of the present term
case anonymous appeal lie from justice to session in respect of overseer  account per curium justice of peace be not absolute judge of the account of  the overseer of the poor but a appeal lie from they to the session in case of  overcharge a but see attorneygeneral v Randall vin Abr boardman v Mosman bro  Ch Rep sadler v Hobbs bro Ch Rep Keble v Thompson bro Ch Rep modern report er  p or other wrong but justice may audit the account of the overseer before the  year be out if not in case he be turn out before that time a
case anonymous appearance compel by distress holt chief justice a officer in  London may take away some parcel of the party good to compel a appearance but  it must be a reasonable parcel and upon attachment of good there the custom be  to leave they in the party hand till the matter be determine
case anonymous appearance help a miscontinuance but not a discontinuance see  Tidds pract holt chief justice a appearance do not help a discontinuance as it  do a miscontinuance and it be a question whether discontinuance in process be  help by the statute of Jeofails though discontinuance in plead may be help
case anonymous appearance if there be a joint declaration against two and  attorney appear for one of they and take a joint declaration this do not imply  a appearance for the other
case anonymous appearance may be enforce by distress holt chief justice first  in inferior court the course be to enforce a appearance by distress and that  ought to be reasonable second if a rescous be make to a reasonable distress  the steward may impose a fine for it three it will be too much to distrain  good to the value of the debt demand a see salk Mod case term Rep a see cro  car Bac Abr lev king v inhabitant of Preston burr S c a see will c S Thomas v  Lloyd salk ld ray garland v extend Mod hullock on cost Astley v young burr  cook v sayer will burr a see accord lily pract Reg burr Rep salk stram and Mr  sergeant Runningtons history of the principle and practice ancient and modern  of the legal remedy by ejectment page but see Geo c run eject as to the mode  of proceed in the case of a vacant possession when hallayears rend be in  arrear modern report er p fourthly the officer can justify the break a house  to take such distress and five though inferior court may grant other process  out of court yet can they grant a attachment on contempt but in court
case anonymous appearance on a recognizance b r must be in person and not by  attorney Mr Pengelly move that certain person bind in a recognizance to appear  in the court of king bench for a riot may appear by attorney and not in person  be poor people but his motion be deny for it be the constant practice to  appear in person
case anonymous apprentice assign holt chief justice a master can assign over  his apprentice as he may another chattel but it must be with his own consent a
case anonymous apprentice shall be discharge under hand and seal of four  justice but on certiorari to remove a order not necessary to certify the  discharge if a apprentice be discharge from his master the statute require the  discharge to be under the hand and seal of four justice of peace but in a  certiorari to remove a order of session thereon it be sufficient if the order  take notice of the discharge so make and it be not necessary to certify the  discharge itself
case anonymous arrest holt chief justice if a bailiff find a outward door open  he may break open all the inner door to come at the party who he have a  warrant to arrest b see the case of Cuddington v Wilkins hob and Reilleys case  case in cro law d edit c it be now settle that it be the infamy of the crime  and not the nature or the mode of punishment that destroy the competency of  the offender as a witness Pendock v Mackender Wilson see also king v Davis Mod  walker v Kearney stram carter case salk king v Edward term Rep but by Geo c no  person shall be a incompetent witness by reason of a conviction of petty  larceny d state trial a state trial but see upon this subject France case  saint Tr layer case saint Tr dr Henzeys case burr stranger v scarlet Espinass  n p rivet v braham term Rep hawk p c that edit ch S to foster discourse of  high treason a Anonymous ante a Johnston v baines post Hawkins v gardener post  modern report er p
case anonymous assignment of bailbond ante the way upon take assignment of  bailbond be to endorse a promise upon it to save the sheriff harmless against  amerciament and yet the bind continue still in the sheriff custody a
case anonymous assumpsit for hire of a horse be good on the quantum to deserve  without state the time judgement by default in the common plea and a writ of  error it be a assumpsit in consideration the defendant will let he a horse per  magnum time to ride about his business to pay quantum to deserve that he have  the horse per magnum time and that be deserve ten pound exception that it be  not sufficient certain for that it be not show for how long he have the horse  that it be in nature of forbearance perpaullulum time per curian this be not  in the nature of that but of good sell and deliver without show what quantity  or for meat drink wash and lodging without say for what time it be sufficient  certain in show the defendant have the horse for which the plaintiff deserve  ten pound judgement affirm modern report michaelmas term the six of George the  first in the king bench sir John Pratt Knt chief justice a note sir John Pratt  Knt be absent all this term be ill of a ague and fever a sir Littleton powys  Knt sir Robert Eyre Knt sir John fortescue aland Knt justice Nicholas Lechmere  Esq attorneygeneral sir William Thompson Knt solicitor general
case anonymous assumpsit lie for a fine holt chief justice it have be hold  than a indebitatus assumpsit will lie for a customary fine of a copyholder but  he say be never can be reconcile to that opinion it be now determine that a  general indebitatus assumpsit will lie for toll steward v baker term Rep for  petit custom mayor of Exeter v Tremlet will and for a copyhold fine grant v  astle dougl see also Evelyn v Chichester burr a
case anonymous assumpsit must be on the particular contract Powell justice if  a promise b ten pound in consideration that he will procure he one who will  give he a annuity of one hundred pound per annum for nine hundred pound b do  not do it but procure he one who grant it for one thousand pound and a do  agree for that annuity b can bring a assumpsit for the ten pound because this  vary from the contract but he may have a quantum to deserve easter term the  thirteenth of William the three in the king bench at the sit at the guildhall  before sir John holt Knt chief justice
case anonymous at what time bail may surrender the principal though notice be  not give to the plaintiff per curian if bail surrender the principal at or  before the return of the second to know facias it be good though there be not  immediate notice of it to the plaintiff for the end of notice in that case be  twofold one that the plaintiff may if he please charge he in execution the  other that he be at no further trouble or charge in proceed against the bail  but if through want of notice he be at further charge against the bail that  shall not vitiate the surrender but yet the bail shall not be deliver until  they pay such charge if at modern any time after the return of the capias the  bail surrender the principal at a judge chamber and he thereupon be commit to  the tipstaff from who he escape or be rescue that will not be a good surrender  because it be indulgence to the bail to surrender after a capias return by if  it be before a capias return for to surrender before or at the return of the  capias be a matter of right and now by the rule of court upon the first sort  of surrender the principal ought to be two day in the marshal custody to make  it a good surrender
case anonymous atk vezey a settlement after marriage recite to be in  consideration of a portion secure shall be presume to be in pursuance of a  agreement previous to the marriage though no proof of it and so good against  bind creditor a second marriage settlement be recite to be make in  consideration that the wife have part with the former settlement which appear  to be make after the marriage but be recite to be make in consideration of a  marriage portion secure but no proof of any previous agreement for such  settlement yet the court presume it and so the second not voluntary against  bind creditor
case anonymous atorneys per curian a undersheriff ought not to serve as a  attorney during his shrievalty by the statute Henry c it be ordain that no  undersheriff be attorney in the king court during the time that he be in  office and by a rule of mich term if he do he shall be strike off the roll of  atorneys and not readmit see also Dalton sheriff c p and the statute Geo c  impey sheriff a
case anonymous attachment in chancery on a alias and pluries be returnable in  b r and be a action on which damage shall be recover upon a motion for a  attachment for not return a mandamus it be say by holt chief justice that a  attachment in chancery on a alias and pluries be returnable in this court and  be not mere for the contempt but be real a action whereon the plaintiff shall  recover damage for the delay in not execute the writ and we have without  reason go on in imitation of chancery it be a contempt not to return the first  mandamus therefore let a return be make within a week a
case anonymous attachment of privilege by the marshal in a attachment of  privilege by the marshal he shall have no attorney because present in court
case anonymous attachment the court if a rescous be return a attachment shall  go of course without motion
case anonymous attorney can be change without leave Peer wms by the court you  can change your attorney without leave of court to be obtain on motion though  he be ever so great a cheat
case anonymous attorney order to deliver up paper holt chief justice we may  order a attorney of the court to deliver paper which be not his to the owner a
case anonymous attorney the court if a attorney of the court upon motion get  his name strike out of the roll be shall never after be admit to act as a  attorney a a see Kidwells case b r h Mr John moody case barn note ex part coal  dougl contra modern report er p
case anonymous August SC sub nom Kinsey v Kinsey Ves consider pierce v  dobinson b lr Eq a decree must be enrol before you can plead it in bar to a  second suit for the same matter vide Kinsey v Kinsey Ves a plea of a former  suit and decree in bar to the present bill it appear that the decree be not  sign and enrol Lord chancellor will not allow it as it be the stand rule of  the court that you can plead in this manner before enrolment and therefore  direct it shall stand for a answer with liberty to except
case anonymous authority holt chief justice if a employ b to work for c  without warrant from c a be liable to pay for it
case anonymous award of mutual release not goodAnte p send for case upon three  several promise and a award order mutual release plead in bar per curian No  good plea because nothing be award that bear a action but if there be any  thing award for the which a action will lie it will be a good plea though it  be not perform and judgement be give for the plaintiff
case anonymous bail and declaration SC Mod if three man bring a action and the  defendant put in bail at the suit of four they can declare against he but if  he have put in bail at the suit of one that one may have declare against he  notam send quaere
case anonymous bail be discharge by the surrender of the principal but the  plaintiff may either have a can sa or a be made fa Cromp p burr comb term Rep  a man condemned in debt render himself to the court and pray his surety may he  discharge the plaintiff be demand for the court say he may elect either his  body or to take his good in execution but by this offer the surety be  discharge a
case anonymous bail be fix by the return of the capias against the principal  though he die before the return of second to know facias but they may have  plead the death before the return ante Jones the principal die before the  return of the second to know facias against the bail and after a capias return  against the principal it be urge that since the bail will have be discharge by  render the principal at any time before the second to know facias return and  that they be now deprive of that advantage by the act of God it be but  reasonable to discharge they a but per curium it can be for it be indulgence  to allow a render after a capias return in discharge of they and their  recognizance be forfeit upon the capias return against the principal and the  court will only discharge the bail after where they render but modern report  not where they can but the death of the party before a capias return have be a  good plea to the to know facias and so be the rule b
case anonymous bail by heir per curian a heir sue as such shall no more be  hold to special bail than a executor a
case anonymous bail can enter judgement on a warrant of attorney until  damnified on the bailbond if one who have become bail have a warrant of  attorney to indemnify he yet he modern report er p can enter it up and take  out execution upon it until some process be go out upon the bailbond whereby  he have a injury do he a see Toussaint v Martinant term Rep Martin v court  term Rep a
case anonymous bail can never surrender or party come in by way of surrender  but at return of process or when he be in court by bail holt chief justice  bail be except against in vacation and no other put in nor bail justify till  term and then the principal will surrender himself in discharge of the bail  and that be can not do for bail can never surrender nor the party come in by  way of surrender but at the return of a process or when he be in court by his  bail if sheriff return a to take in hand corpus upon a distringa principal may  surrender himself but bail except against be as no bail till change or justify
case anonymous bail can sue on a counter security till they be damnified per  curian if one give a warrant of attorney to confess a judgement for the save  bail harmless though the debt be not pay he can sue execution before  damnification
case anonymous bail may have a escape warrant at any time and may arrest a  abscond principal in a place otherwise privilege from arrest Lord chief  justice Manucaptors be but gaoler pro tempore and in case a man abscond and  his bail can find he they shall have a warrant or tipstaff to take he out of  white friar or other pretend place of privilege a in order to surrender a the  confession of lease entry and ouster be a sufficient confession of a entry in  all case except to avoid a fine and in such case a actual entry be necessary  salk ld ray burr Ann c S a case tempt hard Andrews Cowp burr and king v hamlet  of Penderryn term Rep b march pl vent burr and king v Sheffield term Rep a see  the case of water v Ogden and another where to debt on a bind against the  administrator of the obligor the defendant plead plene to manage except to the  value of and that they have confess asset to that amount to another action on  a bind of the testator of the same term and then depend against they and hold  good dougl but they can to debt on bind plead a judgement confess on the  precede day in the same term in a action on a simple contract without aver  that they have no notice of the bind debt sawyer v Mucer term Rep a by will c  the Geo c and Geo c these pretend privilege place be abolish shower KB er p he  because he be a prisoner to the court and they may call he at pleasure c but  to enable a plaintiff to take a man on mesne process they will not grant it  but in case a rescous be return they will
case anonymous bail may plead usurious contract a special plea be no plea till  pay for holt chief justice the bail to the action may plead a usurious  contract though he be not privy to it and a special plea be no plea till it be  pay for but if the party accept it without insist upon that it will be well a  a see Anonymous post modern report er p
case anonymous bail may take their principal at any time even on a Sunday to  surrender he in their discharge post per curian the bail have their principal  always upon a string and may pull the string whenever they please and render  he in their own discharge they may take he tip even upon a Sunday and confine  he until the next day and then render he for the entry in this court be to  give up in ballium c and the do it on a Sunday be no service of process but  rather like the case where a sheriff arrest by virtue of a process of court on  Saturday and party escape be may take he upon a Sunday for that be only a  continuance of the former imprisonmentBut see the case of brook v warren  easter term Geo Bl Rep a
case anonymous bail on error bind to pay c by the statute James c when a writ  of error be bring on a judgement have upon a bind to pay money there special  bail ought to be give a see bull v Clifton post Garrett v Dandy show pet v  cony stram Scott v brace Mod thrall v Vaughan stram Chauvet and another v  Alfray burr a
case anonymous bail per curium after exception against bail they must justify  themselves or plaintiff must withdraw his exception before he can proceed to  trial so as to charge they
case anonymous bail render the principal it be agree that the principal can be  render by bail after plea plead see Tidds pract a
case anonymous bail render the principal to know facias against bail who have  render their principal before a judge but be immediate escape modern er p and  they move to file the bailpiece in order to plead a render of principal per  curian we can deny leave to file the bailpiece for without it they may plead  nul tiel record to the to know facias for one can proceed upon the to know  facias without bailpiece be file
case anonymous bail shall pay interest from the time the judgement be have  against the principal the plaintiff obtain judgement against the principal for  two thousand three hundred and eighteen pound which judgement be contest by he  so far as he can even to a affirmance in the house of lord and afterward the  plaintiff obtain a judgement upon a to know facias against the bail the  question now be whether they shall pay interest from the time the judgement be  have against the principal they offer to pay the principal sum and cost and it  be insist for the plaintiff that he ought to have the whole and the court  incline to that opinion a see bodily v Bellamy burr and Frith v Leroux term  Rep a
case anonymous bail special or common holt chief justice action against the  master of a ship for embezzle good he have on board and he be hold to special  bail but if it be for negligent keep common bail will have do
case anonymous bailbond not assignable till four day after the return of the  writ in town six in country cause holt chief justice and the rest of the court  make it a rule of court and order it to be screen up in the office that no  bail bind shall be assign in town until four day after the return of the writ  and not until six day after the return in a country cause a the rule be that  where any defendant shall be arrest by the sheriff of London or Middlesex by  process issue out of the court of king bench and shall give to such sheriff a  bailbond for his appearance on the day of the return of such process such  defendant shall have leave for four day after that return to put in good bail  at the suit of the plaintiff in such process and within that time all proceed  upon the bail bind to the sheriff shall stay and in case of arrest of any  defendant in any other country of this kingdom by process issue out of this  court as aforesaid such defendant shall have leave for six day to put in good  bail after the return of such process without any prosecution whatsoever to be  make in the mean time on the bailbond to the sheriff and see bullock v Lincoln  stram that if the latitat be returnable on the Wednesday the bailbond can be  assign until after Monday for the four day be to be one inclusive and the  other exclusive and where the four day be Sunday the party have all the next  day to put in bail a
case anonymous bailiff of liberty and sheriff what punishment for not return  writ it be hold by Powell justice powys and gold justice assent holt chief  justice absent that this court can amerce bailiff of liberty for not return of  writ c but the court can make a rule for they to make a return and for disobey  that bring they into contempt but sheriff and all that be officer of the court  the court can amerce late indeed we do amerce the bailiff of Westminster but  that be wrong
case anonymous bailiff to who writ be direct must execute it himself per holt  chief justice as a sheriff be not bind to execute writ in person but may under  hand and seal direct his warrant to under bailiff so the bailiff of a liberty  may do the same but then no servant of the underbailiff can execute a warrant  but it must be by the bailiff himself to who the warrant be direct a
case anonymous banker check when payment holt chief justice if a man contract  for good and after carry they away give the seller a goldsmith note for the  money it do not amount to a payment but if it be give at the very time of the  contract it will be prima fancy evidence that it be take in payment a and if a  man upon a contract make before take such a bill and keep it till the party on  who it be draw become insolvent in a action bring by he against the buyer upon  that bill he shall be bar b but he shall recover the debt upon the original  contract c
case anonymous bankrupt Mod Mod Mod vern Abr Eq Peer wms Peer wms Peer wms  stram ld ray Ch Cas Cowp dougl and see cook bankrupt law d edit p to Jones  move that one who be partner with his brother a bankrupt be arrest night be  order to put in bail for the bankrupt as well as for himself Twisden justice  if there be two partner and one break you shall not charge the other with the  whole because it be ex crime but if there be two partner and one of they die  the survivor shall be charge for the whole in this case you have admit he no  partner by sweat he before the commissioner of bankrupt so the motion be not  grant
case anonymous baron and feme exhibit a bill for a demand in right of the wife  defendant answer witness be examine and publication passes baron die feme  marry a second husband on a new bill they may examine again the same witness  as be examine in the former cause post case where the baron and feme exhibit a  bill for a demand in right of the wife the defendant answer and the cause be  at issue several witness be examine and publication pass but before it proceed  to a hear the husband die the wife marry a second husband and they bring a new  bill for the same matter it be move they may be restrain from examine the  witness examine in the former cause but not allow by the court the wife be not  bind by the proceed in the former cause and therefore examine as if no  examination have be in the former cause
case anonymous bill must be demand in convenient time ante p post if a draw a  bill of exchange in payment and the party do not call for the money from the  drawee in convenient time and he fail he shall then come upon the drawer say  with comment ante a a sir king v Royce burr a that the payee or endorsee of a  bill of exchange must apply in convenient time to the drawee for payment of it  in order to entitle he to recover against the drawer see Ann c S Blissard v  Hirst burr gee v brown stram chamberlain v de la rind will Coleman v sayer  stram Allen v Dockraw salk Pepys v Lambert stram anson v Bailey bull n p  Appleton v Sweetapple espin dig Tindal v brown term Rep Fletcher v Sandys  stram ware v Evans post more v warren stram turner v mead stram Hayward v bank  of England stram bank of England v Newman ld ray Anonymous vent Daglish v  Witherby black Rep borough v Perkins ld ray Goodall v Dolley term Rep modern  report er p
case anonymous bill of exception no supersedeas a bill of exception be no  supersedeas of a judgement but the way be to bring writ of error and assign  the exception for error a
case anonymous bill of exchange a bill of exchange be direct to a or in his  absence to b and begin thus gentleman pray pay the bill be tender to a who  promise to pay it as soon as he shall sell such good and in a action against  he for nonpayment the declaration be of a bill direct to he without any notice  of b holt chief justice hold it well second that the acceptance be a  conditional acceptance a but here the action be by a executor and upon a debt  lie to be due to the testator he hold it necessary to prove that the  acceptance be in the testator time
case anonymous bill of exchange take in payment good unless vendee know it be  a have one post holt chief justice if a buy anything of b and give he a  goldsmith bill in payment which the vendor accept without exception if the  goldsmith be worth nothing and a not know it it be a good payment by if a know  he to be in a fail condition a
case anonymous bill to perpetuate testimony may be dismiss for want of  prosecution any time before replication and examination if cause be set down  to be hear the bill will be dismiss with cost but so as not to prejudice the  perpetuate the testimony hall v Hoddesdon p W Vaughan v Fitzgerald scb Lef  rise v Gannel atk ackland v Gaisford mad n anon Ves sen Lincoln inn hall first  seal after Trin term that July S c Ves sen Lord Hardwicke say a bill to  perpetuate testimony may be dismiss for want of prosecution any time before  replication and examination of witness that after the witness be examine  plaintiff must not proceed to set his cause down to be hear for the end be  answer by the examination and if he do his bill will be dismiss with cost but  so as not to prejudice he in perpetuate the witness testimony ambler er p
case anonymous bind date at b be local the date of a bind to be at a certain  place make it local and shall the city of London hold plea if it be date at  York it will be erroneous but the make modern report of a bind without date  make it transitory and may be say to be make all over England
case anonymous birch c although above twenty year growth shall pay tithe cro  Elizabeth roll ab more Brownl hob bunb Mod burr Com dig Bac ab prohibition it  be hold by the court that tithe of birch shall be pay although it be of twenty  year growth and more so of holly alder and maple and the principal question be  concern birch a consultation after some advisement be award and coke cite one  Leonard case a to be so adjudge
case anonymous both a action and a information on Elizabeth c must be in the  proper county ante salk Mod Mod ante Com dig action on statute d Bac Abr but  see the case of shipman v Herbert that the James c only restrain the proceed  on penal statute in the superior court where the informer before the pass of  the Act may have sue in the inferior as well as the superior court by action  bill plaint suit or information term Rep holt chief justice it be resolve late  by ten of the judge that no action of debt lie in westminsterhall for exercise  a trade contrary to the statute Elizabeth c out of the proper county but the  prosecutor be restrain by the statute James c and we be also of opinion that  this statute James c only extend to act make before that Act and not to  subsequent act of parliament hale chief justice be always of opinion against  the case of Hugh accord to our resolution
case anonymous both justice must examine holt chief justice upon complaint  make to one justice of one be likely to become Chargeable to a parish they  both may examine and order joint but they both must join in the examination  and order and one must not pin his faith upon the other sleeve a
case anonymous breach ill assign holt chief justice if there be a ill plea and  the replication assign a ill breach the plaintiff shall have no judgement vide    dr Bonhams case a a prohibition be grant S c ld ray a prohibition be also  grant to a suit for wage by the master in the admiralty in the case of rag v  king stram and the same point be also adjudge in read v chapman stram Wilkins  v Carmichael dougl a adjudge accord road v barn burr Rep see also tailor v  baker Mod Kearslake v Morgan term Rep a repeal by Geo c modern report er p
case anonymous by confess lease entry and ouster the demise be confess to be  good ejectment on a demise by a corporation aggregate verdict for the  plaintiff in the court of common plea error bring and object that the demise  be not set forth to be by deed judgement affirm for the demise be confess to  be good by confess lease entry and ouster and the jury can never have find for  the plaintiff if there have not be a good demise
case anonymous by custom fish take in the sea be tithable where they be land  post roll ab Noy hetl palm bunb Com dig term Rep a prohibition be pray by  calthrop to stay a suit upon a appeal here to the a see Geo c S croak car er p  delegate from a sentence in Ireland a for tithe of fish take in the sea  because fish in the sea or great river be ferae nature and not tithable second  because the sea be not within any parish so as no spiritual person can say it  be within his parish where the fish be take but the prohibition be deny for  tithe of fish be usual pay in Ireland as Jones justice affirm and it be say in  Cornwall they pay tithe for fish in the sea to the parson of the parish where  they be land and it be a custom in Yarmouth that tithe shall be pay for  herring
case anonymous by holt chief justice upon bring the bailpiece to Mr clark and  give he satisfaction that the principal render himself before or upon the  return of the second to know facias he will give you a discharge or  supersedeas of the to know facias modern er p
case anonymous by outlawry a lease be forfeit before seizure ante holt chief  justice by outlawry a lease for year be forfeit before any seizure and  therefore if it be sell after outlawry and before seizure the king shall avoid  the sale but if one outlaw sell a estate in fee before seizure the sale be  good and the king shall not have the pernancy of the profit but if the sale be  after seizure the sale shall hold but the king shall have the pernancy of the  profit but even in case of a lease there ought to be a office find for the  king vide cro James modern report hilary term the twelve of William the three  in the king bench sir John holt Knt chief justice sir John Turton Knt sir  Littleton powys Knt a sir Henry gold Knt justice sir Thomas Trevor Knt  attorneygeneral John hawles Esq solicitor general
case anonymous by the court No man though by consent of party can be attorney  on both side
case anonymous by the custom of London a feme covert may carry on trade as a  feme sole and may sue and be sue without her husband by a return to a habeas  corpus it appear that in the city of London there be a custom that if a feme  covert exercise a trade in which her husband do not at all concern himself to  send in she may be sue as a feme sole for debt contract in the carry on of  that trade and if she have not good that be not her husband she must be  imprison until she pay they and as she may be sue so she may sue as a feme  sole for debt owe her in her way of trade and within the city she have a  special and separate interest in the profit of her trade or else it be a  unreasonable custom a but it be decide that a feme covert can sue without her  husband as a sole trader by the custom of London in the superior court at  Westminster Caudell v shaw term Rep a modern report hilary term the eight of  queen whether in the queen bench sir John holt Knt chief justice sir John  Powell Knt sir Littleton powys Knt sir Henry gold Knt justice sir Simon  Harcourt Knt attorneygeneral sir Robert Eyre Knt solicitor general
case anonymous can amend after issue join one can amend after issue join and  enter much less after verdict and who discontinue must pay cost
case anonymous capias without to know facias against bail be error cro  Elizabeth Leon palm Com dig bail can bring a writ of error on the principal  judgement ante post a writ of error be bring by the bail of a judgement give  against the principal in the court of the city of Westminster the writ be quod  tam in reddition judgment how in reddition performance erratum to be the error  assign be because a capias be award against the bail and be take in execution  without any to know facias sue against he which be a manifest error croak car  er p but a exception be to the writ of error because the bail can have a writ  of error of the principal judgment which be agree by the court but then the  question be the record be remove whether he may have a writ of error quod in  person thou residet?And thereof the court doubt and will advice
case anonymous captain of a ship insure may be change without notice to  insurer per holt chief justice at nisi prius if a ship be insure under captain  I S the partowners may change the captain without notice to insurer a
case anonymous carrier per curium a action lie against a common carrier for  refuse to carry money if he do not assign a particular reason for it
case anonymous cause for grant new trial per curium if there be evidence of  both side and verdict against the strength of evidence if such trial be not  peremptory there ought not to be a new trial general cause of new trial be  want of due notice practice or misdemeanour in jury in either party or their  agent the absence of some material witness which they can not then have  verdict against evidence excessive damage c a note in many case upon grant of  now trial the former verdict ought to stand as a security for otherwise the  party against who it pass may spirit away the evidence on who testimony it be  obtain and so without any corroboration of his right deprive he of the benefit  of his verdict
case anonymous certiorari do not lie on the part of a defendant without  special cause the court will not incline to grant a certiorari to the justice  of peace when a person be convict but the justice ought to give judgement for  a certiorari to justice be rather to aid they when a man will creep out of  their jurisdiction and so to bring he into this court which have a more  extensive power to punish he a king v Fawle ld ray king v Warminster stram  king v Harman and king v holbourn burr king v mayor of Liverpool burr king v  Lewis burr king v Bodenham Cowp king v duchess of Kingston Cowp king v Abbott  dougl notorious facts zinck v Langton dougl king v Eaton dougl notorious facts  term Rep king v Jenkinson term Rep king v sparrow term Rep notorious facts  king v Griffith term Rep king v Stannard term Rep king v brown term Rep king v  bass term Rep king v Hube term Rep a Q
case anonymous certiorari it be unusual to send a certiorari without a special  cause michaelmas term the first of queen whether at the sit in Middlesex  before sir John holt Knt chief justice of the queen bench Edward Northey Esq  attorneygeneral Simon Harcourt Esq solicitor general
case anonymous certiorari lie in error to bring in the right record holt chief  justice upon a writ of error from the common plea if the record certify be  faulty of common right a certiorari may go to certify the right record
case anonymous certiorari must be deliver before any contempt Parker move for  a attachment against a officer for execute by distress a order of justice for  levy of money for repair of a bridge after the order be remove by certiorari  holt chief justice there never be any formal allowance of a certiorari below  but to bring one into contempt the distress must be after the certiorari  present below and if a warrant be deliver before that time the way have be  upon produce the certiorari to get a supersedeas of it and deliver it to the  officer or else he can be in contempt
case anonymous certiorari stay proceed from the testae but the contempt only  from service per curium if a certiorari go to remove a record the judge below  be not in contempt for proceed on the record till service of the writ but all  proceed upon it after the certiorari test be void a see Spencer case   Cookson  v cook cro James dean and chapter of Windsor case   Gurcolt v green salk saint  saviour v smith burr black Rep modern report er p
case anonymous Chan Rep S c Eq Abr it is pleasing S c wms atk n brown Rep  respect a bond e contra vezey a devise pound to his wife and give her all the  good chattel plate jewel household stuff and stock belong to his house at n  pound which the testator have in ready money in the house will pass by these  word in this case be cite the case of one earl before Mr justice Jones sit the  absence of my Lord chancellor a man by his will in write devise to his wife  pound in money and all the good and chattel plate jewel and householdstuff and  stock upon the ground in and belong to his house in n in which house there be  pound in money and if this pound shall pass by the will be the question  precedent in chancery er p decree that it shall not for pound be a  considerable sum of which the testator can be suppose to be misconusant of its  be in the house then have he a intent that that money shall have pass he will  not have couch it under the general word of all his good and chattel but will  at first have give her pound in the countess of aylesbury case which be  mention in the authority refer to as above Lord Hardwicke determine that by  devise of all thing in a house money and banknote pass to the testator wife  and that the testator mean to consider the note as cash his lordship be  incline to think that ready money if not a extraordinary sum and just receive  will pass by such a devise precedent in chancery de term S the number three in  curian porter
case anonymous chancery will not compel a purchase for the benefit of a  remainder or a estate tail in chancery it be agree to be the constant practice  of the court that if there be covenant to purchase a estate to such and such  use and money lodge in trustee for modern report that purpose the court will  compel a purchase to be make to the use though the covenantor die before but  if the first estate be a entail with remainder over and the person to take it  be live at the time of the death of he who money it be there chancery shall  not compel a purchase for the sake of the remainder because tenant in tail may  destroy it as soon as it be create and the court will not do a vain thing if a  man covenant to purchase for he and the heir of his body by such a woman the  remainder to his own right heir and he die without issue and without make any  purchase the court will not compel the executor to make a purchase for the  heir because that attach in himself and be extinguish in he
case anonymous chapel what per curium a chapel have sacramental only make it  not independent of the parish but it must have all other badge as sepultures c  a mayor of pool v Bennett stram mayor of Bristol v proctor will Myloch v  saladine burr king v amery term Rep a will modern report er p easter term the  thirteenth of William the three in the common plea sir Thomas Trevor Knt chief  justice sir Edward Nevil Knt sir John Powell Knt sir John blencowe Knt justice  Edward Northey Esq attorneygeneral sir John hawles solicitor general
case anonymous child and idiot follow father settlement per curian the child  shall follow the settlement of its parent unless be gain a distinct settlement  and before the statute of James a idiot can gain a settlement modern report  for till then notice be not necessary but since he shall follow the settlement  of his father
case anonymous collector of tax can compel person to come before they to pay  holt chief justice commissioner to assess tax can compel the inhabitant to  come before they out of the country but if they will come voluntary it will be  well modern er p
case anonymous colour remedy by replication holt chief justice if in bar the  defendant fail of give colour where it be necessary to give colour that  omission be remediable by the plaintiff replication for he ought to take  advantage of lack of colour before be reply
case anonymous commissioner of tax post per curian if a man estate be of such  a nature as that the commissioner can assess a certain tax upon every man as  in the case of a common c they ought not to meddle with it
case anonymous commitment in forcible detainer upon the statute Richard c of  forcible detainer where the justice find it upon his own view he must  immediate commit and can adjourn the commitment but it must be do eastern  instant a see king v Elwell stram S c ld ray king v Leighton salk hawk p c  that edit ch page sect a as in the case of auditor on account so if he have  record the force but holt chief justice say so long as the matter be under  examination be may adjourn
case anonymous common a have right of common in such a close which belong to b  who after the corn take away sovus pea in it he can by such a trick deprive a  of the benefit of his common
case anonymous common bail be regular file oath of debt be above l not to be  receive one who be summon before a judge to show cause why common bail shall  not be take do not come whereupon a day be give for he to come or else that  common bail shall be he come before the day and consent to common bail which  be accord file and at the day come to make oath of a debt above ten pound but  per curium it ought not to be receive bail be regular file
case anonymous condition and covenant lease of land pay rend be no condition  so a power to dig up tree make up the hedge again be not a condition but  covenant lie for not repair the hedge
case anonymous construction of the statute against game ante holt chief  justice if one lose one hundred pound to one and afterward one hundred pound  to another at one sit both debt be lawful notwithstanding the statute so if a  man lose five hundred pound ready money and one hundred pound upon tick both  be good and if there be two sharp and one of they get one hundred pound and  give over and then another take he up who win another hundred pound both be  good for as they be sharp he be a rake and ought to learn wit by be bit and  they be distinct fact but note I have hear Treby chief justice of the common  plea deliver a quite contrary opinion in the case where two win successive  because at that rate the statute which ought to receive a favourable  intrepretation in suppression of vice and game will be easy evade a
case anonymous Copy of charter under the great seal no evidence note a copy of  a charter under the great seal can be give in evidence but a copy of the  record thereof may
case anonymous corporation be not indictable note per holt chief justice a  corporation be not indictable but the particular member of it be
case anonymous cost against one of two executor defendant notam a action be  bring against two executor one appear and plead no asset and it be find  against he and judgement against both with cost only against he that appear  and plead quaere if good shower KB er p
case anonymous cost allow in a quare hinder on error by the plaintiff before  the to drive out facias and after the record remove post cro Elizabeth lev  vent Mod Bac Abr Sayers law cost strange contra say vide strange ac dougl in  notorious facts error of a judgement in a quare hinder for the church of  Leckbamsted and therein the judgement be for the plaintiff and the value of  the church find to be fourscore pound per anu a writ of error be bring of the  judgement before the to drive out facias and after the record remove and the  judgement be affirm and have depend a year and more it be move that accord to  the Henry c which appoint damage and cost to be allow where writ of error be  bring pro delation performance b the court here award that the defendant in  the writ of error shall have damage for a year during which time the writ of  error be depend accord to the value of the church find by the verdict which be  l per annum and they award he eighty pound beside cost accord to the precedent  in Edward dyer a a writ of error be bring in the exchequer Chamber on this  judgement in Michaelmas term car and the judgement affirm roll Abr b see car c  and will c croak car er p
case anonymous cost executor per curian a executor shall pay cost for not go  on to trial by Geo c if a plaintiff after issue join neglect to bring on the  issue to be try accord to the course and practice of the court judgement may  be give for the defendant as in case of nonsuit c but it be decide that a  executor and a administrator shall not pay cost on judgement as in case of a  nonsuit under this statute Howard v radburn barn Bennet v Cohen burr if  however a executor or administrator do not proceed to trial pursuant to his  notice be shall pay cost elwis v Mocatto ld ray SC salk king v Powell stram  for by the constant course of the court a defendant be entitle to cost if the  plaintiff give notice of trial and neither go to trial nor countermand it in  time king v Heydon burr so a executor or administrator be liable to cost upon  a judgement of non pro haw v sander burr so also upon a discontinuance where  he have know bring a wrong action or otherwise be guilty of a default Harris v  Jones burr but if the not go on to trial be not owe to the laches of the  plaintiff but proceed from inevitable accident a executor or administrator be  not liable to cost barn hullock on cost a
case anonymous cost holt chief justice when proceed be set aside for  irregularity there shall never be cost
case anonymous cost on discontinuance c where the plaintiff in error be  nonsuit or where the judgement be affirm or a discontinuance there cost shall  be allow a by the express word of the statute Henry c and will c and by car c  S such plaintiff in error shall pay double cost on the judgement be affirm see  hullock on cost to a but no cost where he be bar Q
case anonymous cost wherever cost be adjudge de growth it ought to be eiden  quer ex assent his adjudge sand a lev b Eq Abr roll Rep palm cro James Jones c  see Eq Abr modern report er p
case anonymous court will not change a venue to Bristol motion to change a  venue from London to Bristol on proper affidavit Pratt chief justice we can  send it to Bristol for there be no assize the next vacation let they show  cause why it shall not be change and then perhaps they will consent that it  may be try in another county near where there be a assize but if they do not  consent we can make such a rule
case anonymous court will not order book to be produce at a trial a indictment  for forgery be find against one of the officer of the customhouse and a rule  of court be move for to have the book of the office bring to court to be give  in evidence at the trial per curium it can be do accord to law a
case anonymous covenant lie against husband and wife upon a demise to her dumb  sola c covenant against husband and wife upon a deed of demise to the wife  dumb sola whereby she covenant that she will every year during the term plant  so many oak plant on the premise the breach assign be that some querculos to  some place year durante boundary annuatin they or either of they non serve seu  To set Montague object that the wife ought not to be join in the action for a  breach commit since the coverture say non allocatur if the wife bad assign  dumb sola the action for a breach will lie against the husband and her joint  and as to the annuatin to some place year at most it be but surplusage and  shall be reject judgement be give for the plaintiff modern er p
case anonymous covenant to build and repair do not bind assignee unless name  be for a new thing ante a covenant be to build a house upon land demise before  such a day and to keep it in repair it be for lessee and his assign and after  the day covenant be bring against the assignee for not repair the defendant  plead the house be not build before the day and upon general demurrer  judgement be give for the plaintiff it be agree this will not have bind  assignee be for a new thing without express name he a second that the plea be  a negative pregnant
case anonymous covenant to convey all his right no plea to say have none holt  chief justice if a covenant with b to convey he all his right and title to the  manor of d to which a have no right it be not a good plea in a action of  covenant that he have no right c but be must make such a conveyance as will in  truth pass all his title in case he have any and he be estopped by his  covenant to say he have no title
case anonymous custom of the town of Dartmouth holt chief justice the custom  of the town of Dartmouth be that if one serve his time and learn a trade there  he be not thereby free but the corporation have power to make who they please  free it be a extraordinary custom but who can help it
case anonymous damage and cost it be doubt in the starchamber if cost and  damage be recover there of one for a riot whether his executor and  administrator shall be Chargeable therewith Walter say there be precedent in  this court that he shall be charge and some of the clerk affirm so much Lord  coke hold they be not Chargeable for a riot but if damage or cost be give by  any statute there upon recovery in that court it shall be otherwise croak  throw easter term James in the king bench sir Thomas Fleming Knt chief justice  sir Edward Fenner Knt sir Christopher Yelverton Knt gir David William Knt sir  John croak Knt justice sir Henry Hobart Knt attorney general sir Francis Bacon  Knt solicitor general
case anonymous damage increase on acquittal in appeal ass Inst hawk in a  appeal of murder the defendant be acquit and the abettor and damage be inquire  and assess to sixpence Godfrey move that the damage may he increase by the  court as they may by the statute west c be d the court say they shall he  increase
case anonymous darnel move to quash a indictment for want of adtunc et ibidem  impanellat it have be often adjudge that the want of load be have the court  let it be quash nisi for returnat will not supply it modern report er p
case anonymous date per holt chief justice if a deed have no date or a  impossible date you may declare that the defendant by his deed on such a day  and year do so and so and upon oyer there will be no variance but if you say  that by his deed of such a date or bear date so and so and upon oyer the deed  have no date or a impossible one it will be a variance
case anonymous de in an unjust manner c can be reply when title be plead in  trespass when a defendant have plead a title a replication de in an unjust  manner svan not common with others without tali causan be ill a
case anonymous debt for money devise as a legacy holt chief justice if a  legacy be give or a sum of money in gross devise out of land he doubt not but  a action of debt may be bring for that money though such action never as yet  have be bring and be modern report doubt not but that it may be bring upon the  statute of Henry c for whenever a statute give a right it must by necessary  consequence give a remedy and the proper remedy in such case be debt which may  be find or that statute a see trevanion v Howell cro Elizabeth keech v  Kenegall vezey Anonymous Mod hawk v sander Cowp Atkins and his wife v hill  Cowp Lewis v Lewis h Bl Rep notorious facts but in the case of rise v bowler h  Bl Rep and Deeks v strut term Rep it be determine that a action at law will  not now lie for a legacy but that application on this subject must be to the  court of chancery see also brown v Elton Peer wms Harrison v buckle stram  Farish v Wilson peak nisi prius a modern report er p
case anonymous debt lie for money devise out of land S c salk S c holt per  holt chief justice if money be devise out of land sure the devisee may have  debt against the owner of the land for the money upon the statute of Henry c  of will for wherever a statute enact anything or prohibit anything for the  advantage of any modern person that person shall have remedy to recover the  advantage give he or to have satisfaction for the injury do he contrary to law  by the same statute for it will be a fine thing to make a law by which one  have a right but no remedy but in equity and the action must be against the  terretenant
case anonymous debt lie on a judgement pen a writ of error debt be bring upon  a judgement in the court of common plea pen a writ of error and the writ of  error plead in abatement to maintain the plea the case of to burn v Wickett ld  raym Mod and see Dashwood case Mod sims v Tims show and Dighton v Glanville  Mod a late in this court be cite but by Powell justice it have be often  attempt but never can obtain and so be say it have be resolve by all the judge  upon consideration have but he say the court will discountenance such proceed  and therefore will not hold the party to bail
case anonymous debt lie pen a writ of error the court doubt whether debt will  lie upon a judgement pen a writ of error see lev side vent holt chief justice  say Vaughan be of a different opinion from hale in this matter et adjournatur  a but the law seem now settle that a writ of error stay all proceed whatsoever  note to former edition and see Glanville v Dighton skin S c holt S c comb  accord Rowley v raphson skin roch v cool show contra and that debt will lie on  a judgement pen a writ of error see Rottenhoffer v Lenthall show Adam v  Tomlinson side gale v till lev Syms v Timms show but the court will or will  not stay the proceed in the action accord as it shall appear that the writ of  error be or be not bring mere for delay Meyer v Arthur stram taswell v stone  burr gribble v Abbott Cowp entwisle v shepherd term Rep Christie v Richardson  term Rep Kempland v Macauley term Rep and the defendant can apply to have the  proceed stay until he have put in bail smith v shepherd term Rep a
case anonymous debt on judgement pen a writ of error debt on a judgement will  not lie here until the record be bring here in court Powell justice a action  of debt will lie pen a writ of error holt chief justice if a escape be against  a sheriff and judgement thereon and a writ of error be bring and the first  judgement be reverse the party shall have a hearing complaint note all the  matter above be to be speak to again next term
case anonymous debt or account for money deliver to buy good Q Powell justice  if I give money to another to buy good for I and he neglect to buy they for  this breach of trust I shall have election to bring debt or account and cite  four or five case holt chief justice contra if the party do not take it as a  debt but ad to sum up or ad merchandizandum it must be a account and he shall  have the benefit of a accountant which be he may plead be rob a see the case  of veer v smith lev S c vent S c keb a which shall be a good plea in the last  case and not in the first adjourn
case anonymous deceitful receive money from one man to the use of another on a  pretend order for such purpose be not indictable at commonlaw S c salk a be  indict for deceitful come to b as send from c to who b owe money to call for  and receive the money and receive the money where in fact c never do send he  per curian if he have come with a false token it have be criminal and  therefore indictable by Henry c false and deceitful to obtain good c by colour  or mean of any privy false token or   letter make in another man name to a  special friend or acquaintance for the obtain good c from such person be a  indictable offence so by Geo c know and design by false pretence to obtain  good c from any person with intent to cheat and defraud any person of the same  be indictable see stram and king v young term Rep v a but the question be  whether this be such a cheat as be indictable modern er p as play with false  dice be for that be such a cheat as a person of a ordinary capacity can  discover but this be a indictment to punish one man because another be a fool  per curian let it stay
case anonymous December where a bill pray relief as well as discovery a  affidavit must be annex that the plaintiff have not the deed in his custody a  bill be bring for discovery of title deed and relief pray likewise the  defendant demurrer that upon the plaintiff own show none of his ancestor have  be in possession for the last forty year that it be a matter triable at law  and that there be no affidavit annex that the plaintiff have not the deed in  his custody the chancellor allow it on the last cause upon the common course  of the court that where a bill pray relief as well as discovery a affidavit  must be annex that the plaintiff have not the deed in his custody so  Whitchurch v Golding p W dorm v fortescue atk
case anonymous declaration amend after issue vide post content darnel sergeant  move to amend a declaration which be carry down to Winchester to be try but  find something necessary omit in it do not try it and it not be as he say a  record but only a paper be pray that it may be amend upon payment of cost  which be grant nisi causan absent holt chief justice
case anonymous declaration not amendable on payment of cost per curian  although a cause have proceed no far than in paper yet if the time be out for  the enter it up upon the record this court will not give leave upon motion to  amend the declaration upon pay cost let they declare de to make new
case anonymous deed shall he construe so as to effectuate the intention for  which they be make   light a Cowp the lord release and grant his signiory to  the husband who be seize of the tenancy in right of his wife to he and his  heir the husband die and his heir distrai for the rend upon the land Anderson  and the court hold that it shall inure as a grant which be most heneficial to  the grantee and it be agree with the intent of the deed that the husband and  his heir shall have it
case anonymous default before auditor be a discontinuance for there can he no  nonsuit after judgement but the cause may he revive by to know facias   light  b   a Andrews account the defendant be adjudge to account and a capias ad to  sum up issue against he to account before auditor at a certain day at which  day he appear and enter into account and the auditor assign they to appear  before they at another day certain at which day the plaintiff do not proceed  Fenner move what shall he do in this case if he shall he nonsuit or bar of  account or if the action he discontinue the court demand of the prothonotaries  who say there can he no nonsuit because it be after judgement but that a  discontinuance shall he enter and the defendant and his surety put without day  and if the plaintiff will after proceed upon this account he shall have a to  know facias upon this record ad to sum up and so the justice do award in this  case croak Elizabeth er p
case anonymous defect in form or averment in fact in the return to habeas  corpus may be amend before the return be file vent lev keb cro car Mod salk ld  raym stram Cowp dougl a justice of the peace commit a brewer for not pay the  duty of excise the brewer be bring into court by habeas corpus simpson it  ought to appear that be modern be a common brewer hale chief justice the  statute car c S do prohibit the bring of a certiorari but not a habeas corpus  and want of averment of the matter of fact may be amend in a return in court  and if it be not true at their peril be it so it be mend
case anonymous demand of rend must he make upon the demise premise ass dyer  Plowd cro James   light note it be hold per curian that if one let we a house  render rend and for not payment c it be not sufficient to demand the rend at  the door of the house if it he open but the lessor must enter into the house  and there demand it so if a lease he make of land the lessor must enter into  the most notorious place of the land and there demand it ex relation fountain  uncertain time
case anonymous demise of live holt chief justice it be a qure whether a parson  may demise all his live because it may amount to nonresidence
case anonymous departure in plead per holt chief justice if a man lie a day in  his declaration that be not material and the defendant by his plea make it  material and then the plaintiff in his replication vary from the day in the  declaration it will be a departure otherwise if the day have not be make  material by the plea
case anonymous deposition take perpetuan rei memory shall not be read if the  deponent can be subpnaed bull n p per curium if a witness which be not likely  may he have at a trial be examine before a judge and crossexamined by the  other party and his deposition put in write yet if at the trial it be prove  that the party may have he there his deposition be not to be read a
case anonymous devise of all one good passes a bind civil law divide all  manner of estate into good nobilia and good unwieldy one devise all his good  and whether a debt by bind pass to the devisee be the question decree by Lord  chancellor Cowper that it do that these word seem at commonlaw to pass a bind  and to extend to all the personal estate but this be in the case of a will and  a will relate to a personal estate too it ought to be construe accord to the  rule of the civil law ante et post plume v beal peer William now the civil law  make good nobilia and good unwieldy the membram to divide of all estate good  unwieldy be land good nobilia be all movable which must extend to bind and  therefore by the devise of all the testator good a bind must pass vide rial v  roll atk ves S c but bind as a species of choose in action admit of no  locality and therefore a devise of good and chattel in a particular place will  not pass bind which happen to be in that place at the death of the testator  chapman v heart ves more v more bro c c Jones v Sefton Ves and see porter v  tournay Ves Nisbett v Murray Ves Rawlings v Jennings Ves Randall v Russell  mere coal v Fitzgerald l si stuff
case anonymous die Jupiter Feb in court lord commissioner one make his nephew  executor and devise to he and his heir all his land in trust to sell and to  pay all his debt and his child portion and give to his child apiece the money  arise by this sale be not legal asset and the debt and child portion be to be  pay in equal proportion the case be that one John sander by his will date the  that of October devise inter alian as follow videlicet my nephew William Beng  I make my sole executor and to he and his heir I give and devise Vernon  chancery case all my message land tenement and hereditament upon trust to sell  the same and with the money to be raise by sale and personal estate to pay my  debt and portion to my child and give to each of his nine child one hundred  pound apiece the question be whether the money raise by sale shall be legal  asset per cur the devise be to he and his heir the land must go in a course of  descent and he must take as a trustee and not as a executor and therefore  decree debt and portion to be pay in proportion vide Girling v lee ante Vol
case anonymous difference of freeholder and copyholder by holt chief justice  where a custom be that all land hold of that manor a for the nature of  freehold land and land hold by copy of courtroll see Rep Rep or that ad will  domini be the distinguish mark of a copyhold Lut Bulst vent cro Elizabeth and  as to set forth a custom Rastals Ent Brownlows Decla cro car note to former  edition a shall pass by surrender and admittance yet the land may be freehold  and the manner of conveyance be customary inasmuch as livery be not requisite  and he say the freehold themselves can never be parcel of the manor but it be  the service b roll Abr cro Elizabeth b Qure
case anonymous drawer of a bill of exchange no witness to prove be do not draw  it the original drawer be offer as a evidence in a action upon a bill of  exchange to prove that he do not draw the bill but be deny because at last the  burden must fall upon he but the party give he a release in court and that be  sufficient
case anonymous drink to the pious memory of a person execute for high treason  be a contempt P of the king and his government Mod hawk p c one be indict for  the drink of a health to the pious memory of Stephen college who be execute at  Oxford for high treason he be fine one thousand pound and have sentence to  stand in the pillory and be order to find surety for his good behaviour
case anonymous easter term a order for a cause to stand over indefinite imply  not this put off to the next term Lord Hardwicke say where there have be a  order that a cause shall stand over indefinite it do not imply that the cause  be put off only to the next term
case anonymous easter term may if a defendant by his answer admit he have do  waste before the fill of a bill though he swear he have commit none since yet  that be not sufficient to induce the court to dissolve the injunction Lord  chancellor it be not a sufficient inducement to the court to dissolve a  injunction for stay waste that the defendant in his answer swear he have not  commit any waste since the fill of the bill for as he admit that he have do  waste before the court will presume he may do further waste the injunction  therefore must be continue vide Gibson v smith atk Robinson v Litton atk note  atkins where a cause be abate by the death of a defendant the plaintiff be not  oblige to bring a bill of revivor but may file a new bill because the  plaintiff may think perhaps that he can make a better case than by the first  bill vide vern where this rule be lie down Spencer v Wray S c atkins er p
case anonymous easter term throw roll a release in dower without say to hold  unconstrained tenementi be bad   light a Bac Abr Cowp dower the tenant plead a  release of the demandant make to such a tenant in possession property to say  before existent And because he do not say that he be to hold unconstrained  tenementi it be hold to be no plea and adjudge for the demandant
case anonymous ejectment by holt chief justice in case of tenant in common  there must be a actual ouster of one by the other or else be shall not be  compel to confess lease entry and ouster
case anonymous ejectment if notice in ejectment be give to a undertenant and  he do not acquaint his landlord therewith but suffer judgement to go against  he the court upon motion will not suffer execution to be take out until the  right be try
case anonymous ejectment serve on the person who have the key a declaration in  ejectment have be deliver to one to who the key be give to let the house a but  it be now settle upon examination of all the precedent that such to know  facias be not necessary in the case of high treason king v Stafford mich term  Ann hawk p c that edit ch S notorious facts see also Belsinghams case dyer  modern report er p per curium not good because it shall be to the tenant in  possession and he be only a servant and the plaintiff be not without remedy  for be may sign a lease on the land a
case anonymous ejectment the court will not make a rule for name a good lessor  in ejectment unless there be a nonsuit or verdict against the plaintiff in a  former trial a
case anonymous ejectment when no tenant in possession in ejectment if there be  no tenant in possession to be serve with declaration the plaintiff must go the  old way of sign declaration on the premise a
case anonymous enrolment of a decree may be open if the enrolment be gain by  surprise or there be some irregularity in it upon a motion for a rehear of a  cause where the decree be sign and enrol by the late Lord chancellor the Lord  keeper ask sergeant Maynard if he know any law whereby he can justify the  rehear of a cause sign and enrol by his predecessor for that be to vacate a  record regular a enrolment prevent a rehear Barney v Tyson vent the Lord  chancellor himself be master of his own enrolments and may upon his memory  know some reason for rehear of it but he can not do it without there be some  surprise or other irregularity in the enrol of it it shall seem that in the  ordinary case of enrolment it can be reverse but by appeal to the lord or bill  of review harr Ch prac vol yet the open of enrolments of decree be consider as  discretionary in the court Kemp v squire ves so enrolment although strict  regular vacate on motion have be make too quick and as it be by surprise anon  ves set aside on original bill as have be obtain by gross fraud Lloyd v  Mansell p wms and case cite in not there Mitf Tr p say quaere how far it be so  consider now for decree though obtain by fraud and not enrol refuse to be set  aside on petition mussel v Morgan bro Ch Rep et vide Bradish v gee Amb Pickett  v Loggon Ves charman v charman Ves Robinson v Newdick mere Stevens v guppy  turner but he say he have a privy seal that enable he to sign and enrol the  decree pronounce by his predecessor
case anonymous entire damage per curium where a continuando in trespass be  impossible and entire damage the court will intend that nothing be give for  the continuando because impossible
case anonymous eoden die Eq can ab pl a executor plead he have no asset ultra  pound to three several action judgement be have in each for pound upon which  he bring his bill and move for a injunction which be deny upon a motion make  by Mr stedman where three several action at one time be bring against a  executor and he to each action plead riens enter mains ultra pound and so upon  each action there be a judgement for pound and therefore pray a injunction but  it be deny by the Lord keeper in case proper for law a man must defend himself  by legal plead and every executor ought to be careful in the first place to  cover all his asset with a judgement vide blackall v comb p wms where court  seem to have admit that in matter of mispleading only equity will not relieve  so bill for relief in mispleading at law dismiss on appeal Stephenson v Wilson  post vol so ex part Goodwin post vol say vide Robinson v bell post vol it seem  on the whole there may be case in which equity will relieve after a verdict in  a matter where the defendant at law may proper have defend himself countess of  Gainsborough v Gifford p wms see Stevens v pillage Ves jun Bateman v Willoe  Sch l ware v Horwood Ves Protheroe v foreman swan Vernon chancery case er p
case anonymous eoden die in court Lord keeper Eq can ab pl S p bill for  discovery only of a bind lose No affidavit necessary otherwise if relief pray  ante case con post case accord where a man bring bill for discovery of a bind  he need not make oath he have lose the bind Vernon chancery case as he must do  if the bill be to be relieve for the duty vide Godfrey v turner post Nicholson  v Pattison affidavit seem not to be necessary if the relief pray extend mere  to the delivery of the instrument or be such as can only be give in a court of  equity Nelson Rep Mitf Tr but where the bill be for the discovery of a  particular bind suggest to be lose or for discovery of a particular deed for  want of which the plaintiff can not recover his debt at law or the possession  in ejectment in these case it be fit he shall make oath that he himself have  not the bind or deed because if he have his remedy be proper and open at law  and then he be not to put another to the unnecessary expense of a answer to  deny his have it anon pre Ch Vernon chancery case er p
case anonymous eoden die motion for a messenger upon a to take in hand corpus  return by the sheriff of London upon a motion for a messenger upon a to take  in hand corpus the defendant live in London Lord keeper say this have be look  upon as a motion of course but in truth it be ground upon a mistake for to his  lordship knowledge the officer of the city have not their own amercement the  sheriff can take a bailbond upon a attachment for not pay cost but in such  case a messenger be to go to bring in the party anon pre Ch they have no royal  amercement vide anon p wms
case anonymous eoden die when a bill be exhibit for a general discovery of  deed not necessary for the plaintiff to annex the usual affidavit that he have  they not in his custody a bill be bring for discovery of write and the  defendant demurrer because the plaintiff have not annex the usual affidavit  that he have none of they in his custody but the demurrer be overrule and my  Lord chancellor say that if on such a bill as this be it shall be allow it  will overthrow half the bill in this court that the only case where such  affidavit be necessary be where the bill be for discovery of a particular bind  suggest to be lose or for discovery of a particular deed for want of which the  plaintiff can not recover his debt at law or the possession in ejectment in  these case it be fit he shall make oath that he himself have not the bind or  deed because if he have his remedy be proper and open at law and then he be  not to put another to the unnecessary expense of a answer to deny his have it  precedent in chancery er p precedent in chancery de boundary S mich in curian  porter
case anonymous Eq can ab b pl if a member of parliament sue at law and a bill  be bring to be relieve against that action the court will grant a injunction  till answer or further order per cur though the court will not proceed against  a member that have privilege of parliament yet if a parliament man sue at law  and a bill be bring here to be relieve against that action the court will make  a order to stay proceed at law till answer or further order vide wildboar all  v Parker all mose
case anonymous Eq can ab pl I pl bill not to be dismiss on S cost but  defendant to be pay the cost which he swear he be out of purse general  affidavit of have a material witness not sufficient for a new commission but  the witness must be name in the affidavit as also the point to which he be to  be examine the Lord chancellor declare that he will not allow of the rule of  dismiss a bill with S cost but that for the future the defendant shall have  the cost he shall swear he be out of purse but in such affidavit he must  specify the particular that the court may judge of the reasonableness of they  if there shall be occasion but now by stat whether cap sec full cost to be tax  be to be allow in all case where plaintiff dismiss his own bill or it be  dismiss for want of prosecution he also declare that the general affidavit of  have material witness beyond sea shall not be sufficient for a new commission  but the witness must be name in the affidavit and the point mention to which  they can material depose but circumstance may arise from the nature of the  case on which the court will grant the commission although the affidavit be  not sufficient Jessup v duport Barnard Eq can ab pl in Oldham v Carleton bro  Charles Rep and Rougemount v royal exchange assurance company Ves it be hold  unnecessary to state the nature of the evidence but in Mendizabel v Machado S  S the vicechancellor cite and adhere to the rule lie down in the text
case anonymous Eq can ab pl in a bill against executor who be only executor in  trust it be not necessary to make the beneficiary and trust or residuary  legatee party in a bill to be relieve touch a lease for year or other personal  duty against executor though the executor be but executor in trust yet it be  not necessary to make the beneficiary and trust or residuary legatee party  contra as to beneficiary quetrusts Kirk v clark and all pre Ch and in all  other case of trust beneficiary and trust must be a party but the trustee need  not especial if beneficiary and trust undertake for he ibidem pre Ch this  however it be apprehend must depend upon the nature and extent of the trustee  interest see Mitford Tr but in a bill by creditor or legatee against executor  it be not necessary to make residuary legatee a party Lawson v Barker bro Ch  Rep Kirk v clark cite above be on a deed and consequent do not apply t the  doctrine lie down in the principal case as to trust arise under a will
case anonymous Eq can ab pl pl in a bill of interpleader a trial at law be  direct between the defendant the suit be thereby end as to the plaintiff so  that if the plaintiff die defendant may proceed without revive the cause upon  a motion it be declare by the court that a cause have be hear upon a bill of  interpleader and a trial at law direct to settle the right between the  defendant there be a end of the suit as to the Vernon chancery case plaintiff  so that if he afterward die the cause shall still proceed and there needs no  revivor each defendant be in the nature of a plaintiff
case anonymous Eq can ab pl pl Lord keeper if a cause have sleep twelve month  in court there shall be no proceed have upon it without first serve a subpoena  ad faciendum attorney Vernon chancery case er p
case anonymous Eq can ab pl pl where a man be arrest upon a attachment the  contempt shall hold good though no affidavit be file at the time of take forth  the attachment if it be file before the return of it Probably James v James  Reg lib a fol where the plaintiff bill have be dismiss with cost and the cost  tax and a subpoena serve for they a attachment with proclamation be afterward  issue and deliver to the sheriff who undersheriff will not let the plaintiff  be arrest and this motion be for a attachment against the undersheriff and a  messenger against the plaintiff the attachment be order and the plaintiff  undertake to enter and afterward do enter his appearance with the register but  the practice be now settle contra and a affidavit must be file previous to the  issue a attachment Broomhead v smith Ves
case anonymous Eq can ab pl S c where a man be to perfect his answer upon  interrogatory or to be examine for a contempt although the rule of court be  that he shall be examine in four day or stand commit yet if the party be in  the country he shall have a commission to take his examination
case anonymous Eq can ab pl S p legatee pay before creditor where the asset  fall short decree to refund to a unsatisfy creditor a be indebt unto b make c  his executor c waste the estate and die and make d his executor and by his  will devise several legacy d pay the legacy b exhibit a bill against d the  executor of c for his debt due from the first testator and against the legatee  in the will of c to compel they to refund their legacy there not be now  sufficient asset of the first testator decree that the legatee shall refund  vide Noel v Robinson ante p and case cite in note there
case anonymous Eq can ab pl S p statute of limitation attach on the demand pen  a suit in equity for the same court of equity will not suffer the statute of  limitation in such case to be plead at law upon a motion the Lord chancellor  declare that if a man sue in chancery and pen the suit here the statute of  limitation attach on his demand and his bill be afterward dismiss as be a  matter Vernon chancery case proper determinable at common Vernon chancery case  er p law in such case his lordship will take care to preserve the plaintiff  right and will not suffer the statute to be plead in bar to his demand contra  Gilbert v emerton post vol Craddock v marsh Rep in Chan Hurdret v Calladon  ibidem pierce v Bellamy cite in Gilbert v emerton ub sup anon Chan can lake v  hay atk anon atk Mackenzie v marquis of powis Br parliament case Sturt v  Mellish atk the appointment of a receiver will not alter the possession of the  estate so as to prevent the statute of limitation run on during the right in  dispute anon atk but Lord Hardwicke be report to have overrule a plea of a  fine and nonclaim because the pendency of the suit in equity as it be a proper  matter of equity have prevent the run of the fine baker v Pritchard atk vide  pink v Thornycroft Br Ch Rep and if by injunction or any act of the court the  party be stay there the court will not permit advantage to be take of the  statute at law anon Ch can
case anonymous equity will not help defective conveyance if without  consideration per guard sigil in cancel this court will never help a defective  conveyance without consideration as if a man voluntary make a conveyance to  another of his estate and it prove defective by if it be for money marriage  jointure c and whereas Pratt at the bar affirm that equity will compel a  execution of a trust declare express though without consideration my Lord  answer I do not think so true
case anonymous erroneous judgement if a judgement be below for the plaintiff  and a writ of error be bring and the judgement reverse yet if the record will  warrant it modern the court ought to give a new judgement for the plaintiff  but if the judgement be erroneous and against the plaintiff in the merit that  ought to be reverse and a new judgement give for the defendant per curian if a  erroneous judgement be for a defendant and it be reverse and the merit appear  for the plaintiff be shall have judgement but if the merit be against the  plaintiff the defendant shall have a new judgement so in the exchequer Chamber  for they be to reform as well as to affirm or reverse modern er p
case anonymous error in the entry of judgement on recognizance Writ of error  of a judgement in a recognizance upon a to know facias be because in act of  assignment performance judgment prd instead of super a reviewing prd and be  for that quash
case anonymous error in the exchequer Chamber on judgement for the defendant  in the king bench if judgement be give for the defendant in the king bench and  a writ of error be bring thereon and judgement reverse in the exchequerchamber  the exchequerchamber must give the interlocutory judgement quod quer recupere  and this court award the writ of enquiry of damage and so be the case of faldo  v ridge a
case anonymous error on a judgement in Ireland assign here by attorney Mr  Snell move that the plaintiff in a writ of error of a judgement in Ireland a  see the statute Geo c the Geo c and the Geo c that no writ of error lie now  from the court in Ireland a may assign his error by attorney upon affidavit  that he be resident in Ireland and offer to find sufficient bail grant Mr  Harcourt clerk of the crown office say it have be do so in the case of York v  medley modern report er p
case anonymous escape on death of the marshal   hob side Mod strange and will  c and I Ann c term Rep term Rep Twisden justice if a man be in prison and the  marshal die and the prisoner escape there be no remedy but to take he again
case anonymous every public officer be indictable for misbehaviour per curian  if a man be make a officer by Act of parliament and misbehave himself in his  office he be indictable for it at commonlaw and any public officer be  indictable for misbehaviour in his office modern er p
case anonymous evidence holt chief justice confession be the worst sort of  evidence that be if there be no proof of a transaction or deal or at least a  probability of deal between they as here there be the one be a sailor and the  other a captain of a ship
case anonymous evidence holt chief justice the confession of the party be  evidence but the worse sort of evidence
case anonymous evidence on nil debet post Twisden justice if the defendant in  a action of debt for rend plead nil debet he may give in evidence a suspension  of the rend
case anonymous excessive damage no ground for a new trial raym Mod Mod Mod  strange b barn note d edit modern Mr solicitor move for a new writ of enquiry  into London and to stay the ail of a former because of excessive damage give  but it be deny note the court have a power in all case of excessive damage to  grant a new trial term Rep in personal tort however and in all action where it  be the peculiar and strict province of the jury to estimate the extent of the  injury they will not disturb a verdict because the damage be excessive except  they appear to have be give from passion partiality or prejudice burr Cowp see  also salk ld raym will will will burr dougl Sayers law of damage p to term Rep
case anonymous excommunication and outlawry when plead must be produce under  seal per curian if a excommunication in the plaintiff be tender for plea in  abatement though it be sign by counsel yet by the course of court it be not to  be receive unless it be produce under seal though the plea need not mention  that it be so produce and so of a outlawry
case anonymous execution after the year without to know facias ante holt chief  justice if a writ of execution be take out within the year and the sheriff  make no return to it upon enter a sheriff non to cause to go breve once a year  you may continue it and not be put to sue a to know facias a see S p post b  see king v Shippenfarringdon ante a see Com dig accord a page b   modern  report er p
case anonymous execution execute after a writ of error allow though without  notice be supersedable but notice be necessary to bring the party into  contempt on a motion to set aside a execution execute after a writ of error  allow the court hold that though there be no notice give to the plaintiff  attorney of the allowance of the writ of error yet it be modern report a  supersedeas to the execution but to bring the attorney into contempt be must  have have notice motion grant a Hannott v Farettes bar king b Purkins v  woollaston salk Spratt v Frederick sayer Rep forelocks v archer burr Jaques v  Nixon term Rep Parry v Campbell term Rep see also Tidds practice Sellons  practice a
case anonymous execution pen error must be by leave of the court holt chief  justice if writ of error pen the plaintiff die and execution be take out  without acquaint the court therewith it will be set aside for irregularity by  if the court be apprise of it
case anonymous execution upon to have facias possession per holt chief justice  upon a to have facias possession the execution be not complete until the  bailiff deliver the possession and be go
case anonymous executor de son tort holt chief justice if a executor de son  tort deliver the good to the administrator before action bring he may plead  plene to manage second if administration be first grant and then another take  the good he be not thereby executor de son tort
case anonymous executor not liable for funeral expense a executor be not  liable to pay for funeral expense without be contract for it a a see Geo c S a  at nisi prius a but see Inst burn e l d edit modern report er p
case anonymous executor per curium the reason why a executor defendant or  plaintiff upon a nonsuit shall pay no cost be because the suit be in auter law  he may well be think misconusant of the truth of the cause of action a a see  the case of Martin v Pewtress burr Worsley v de Mattos burr Wilson v day burr  butcher v Easto dougl and see cook bankrupt law d edit a for the several  ground on which the court will grant new trial see vol of Mr Sellons practice  to a see accord marsh v Allenson vent hook v Moreton ld ray lie v snelgrave  ante rosy v sawkins ante read v chapman stram rag v king stram and Wilkins v  Carmichael dougl a Portman v meat stram marsh v fellowly stram but on this  subject see hullock on cost c modern report er p
case anonymous executor per curium where there be several executor and only  some of they appear and plead judgement must be against modern report they all  but execution de good not common with others shall go against he that have  appear item submission to award by executor be a devastavit
case anonymous executor take a bind from a debtor make it asset in debt by  husband and wife against a executor who plead plene to manage upon issue it be  prove that the executor have discharge a debtor of the intestate out of  Ludgate take a bind from he for the debt and it appear that he be so extreme  poor that he be downright starve yet the debt be judge asset in the executor  hand beside the executor have not a inventory wherefore it be say they ought  to intend asset and here holt chief justice rule first that if a husband and  wife joint sue for a debt due to the wife before marriage and the husband die  and the wife continue the suit the money when recover shall not be asset to  the executor of the husband and that husband alone may bring debt for a  portion promise to he with the wife and though land have be settle by the  husband upon the wife in consideration of her fortune of which this debt be  part yet he have not recover it during coverture the wife shall recover it to  her own use and though it be pretend that there be a recovery in the husband  time and that they will prove by the sheriff who have a writ of execution yet  they have not the judgement on which the execution be it be rule they can not  give that in evidence
case anonymous factor of common right be to sell for ready money unless the  usage be otherwise per holt chief justice at guildhall every factor of common  right be to sell for ready money but if he be a factor in a sort of deal or  trade where the usage be for factor to sell on trust there if he sell to a  person of good credit at that time and he afterward become insolvent the  factor modern report be discharge but otherwise if it be to a man notorious  discredit at the time of the sale but if there be no such usage and he upon  the general authority to sell sell upon trust let the vendee be ever so able  the factor be only Chargeable for in that case the factor have go beyond his  authority there be no contract create between the vendee and the factor  principal a and such sale be a conversion in the factor and if it be not in  marketovert no property be thereby alter but trover will also lie against  vendee so likewise if it be in a marketovert and the vendee know the factor to  sell as factor
case anonymous false imprisonment lie against a bailiff for arrest a man after  the return of the writ holt chief justice if one be arrest after the return of  a writ false imprisonment lie against he who so arrest he see lidford v Thomas  Mod Loveridge v Plaistow h Bl Rep and Planck v Anderson term Rep a here  complaint be make to the court that one be arrest in Trinity term by virtue of  a writ returnable in easter term and a bailbond take for appearance at the  time of the return of the writ per curian there be good matter to plead  against a action upon the statute of Henry c and though the bind be antedate  yet it may well be do with a primo deliberate at the true time the fact be  refer to the master to examine in order to punish the officer for oppression
case anonymous feme may plead non be factum salk holt chief justice though a  feme covert seal and deliver a deed yet she may plead non estfactum and give  coverture in evidence a
case anonymous feoff with warranty holt chief justice a father tenant for life  remainder to his wife remainder to his first son in tail the son be at age the  father make a feoff in fee with warranty and take back a estate to he and his  wife the husband die the wife be remit but the collateral warranty bind the  son for be be not remit see the case of Heywood v smith a Bulst a
case anonymous fide Yelv postea mich will mary Anonymous holt chief justice a  executor may justify payment of a statute when a judgement be suspend by writ  of error a and this nomination may be by parole without deed sander v Owen  post salk Mod Carth modern report er p
case anonymous fill a habeas corpus be no appearance holt chief justice the  fill a writ of habeas corpus be not a appearance but a procedendo may go  notwithstanding but if bail either common or special be put in then no  procedendo to go
case anonymous fill up a writ after it be seal be a contempt per holt chief  justice it be illegal to fill up a writ after it be seal and whoever be arrest  by virtue of such a writ have a advantage but quaere per I if it be false  imprisonment or to be relieve on motion
case anonymous find a able man any time after listen sufficient to entitle to  the benefit of the listen Act if the man continue in the service Mr sergeant  do you move to discharge one upon common bail upon the listen Act the case be  one be listen into the queen service serve some time and afterward be  discharge upon his find another ablebodied man who be now in the army the  question be whether the clause in the Act or find another ablebodied man shall  refer to the time of his listen before a justice of the peace or whether any  time afterward will do provide the man who he find continue in the service the  court be of opinion that the latter be sufficient and thereupon the man be  discharge
case anonymous fine must be absolute holt chief justice a fine ought to be  absolute and not conditional and therefore a fine unless such a thing be do in  going to be be void and by the commonlaw a fine for nonrepairing of a highway  be for the default in not repair the highway and ought to be absolute but by a  late statute the fine be to go towards the repair
case anonymous fish pond and warren holt chief justice there needs no  privilege to make a fish pond as there needs in case of a warren
case anonymous five justice shall not join in order of session on appeal holt  chief justice five justice of the peace be too many to join in a order for  settle of a poor for they may well make a majority at the session and so  confirm their own order
case anonymous forcible entry holt chief justice though inquisition of  forcible entry be quash yet restitution be not of course contrary to raym
case anonymous forcible entry if a justice of peace record a force on view you  shall not aver against it
case anonymous foreign attachment see cro car roll money owe upon a judgement  give in the king court can be attach er p hilary term the twentyfifth and  twentysixth of Charles the second in the king bench Friday January sir Matthew  hale Knt chief justice sir Thomas Twisden Knt sir Richard Rainsford Knt sir  William wile Knt justice sir Francis north Knt attorneygeneral sir William  Jones Knt solicitor general
case anonymous form of notice of bail notice of bail on a arrest c ought to be  not only by a note give of the party name who be to be bail but also of their  addition trade substance and place of abode a the notice of bail must be also  proper entitle loft and in describe their place of abode it be not sufficient  to state the parish or town but the very street or other place in which they  reside must be precise state Anonymous Michaelmas term b r Geo a that so they  may be more easy inquire after by the plaintiff or his attorney
case anonymous four day to move in arrest of judgement per curium one have  four day to move in arrest of judgement after the come in of the postea but  defendant at his peril must watch its come in
case anonymous franchise post Mod Com dig and see king v gough dougl to a  indictment be prefer in Chester for perjury commit in London for which Kelynge  chief justice threaten to have the liberty of the county palatine seize if  they keep not within their bind
case anonymous game holt chief justice if at one sit one lose above fifty  pound to one and so to another he must pay it for they be several contract so  if one of they play with false dice and the other with fair one he that play  with the fair dice shall recover his win
case anonymous gaol delivery of Middlesex how hold in London holt chief  justice the gaol delivery of Middlesex be hold within the city of London by  prescription but the oyer and terminer be not so but at hicks hall in the  county of Middlesex so that though of common right the gaol delivery ought to  be within the proper county yet custom and usage I time out of mind may make  it otherwise
case anonymous good behaviour post holt chief justice by law none can be  compel to find surety for his good behaviour except it be by ancient custom  within a leet or for vagrancy or some modern report er p certain offence and  here one be commit thus whereas a have be convict of a misdemeanour and can  find security for his good behaviour therefore c and here can be no certiorari  there be no record of the conviction the party be bring up upon habeas corpus  be discharge on motion per curian
case anonymous good impound be not asset   light Bac Abr wood con debt against  a executor who plead he have riens in say maines but certain good distrain and  impound it be adjudge to he no asset to charge he croak Elizabeth hilary term  Elizabeth in the common plea sir Edmund Anderson Knt chief justice sir William  periam Knt Thomas mead Esq Hugh Wyndham Esq justice sir John Popham Knt  attorneygeneral sir Thomas Egerton Knt solicitor general
case anonymous habeas corpus commitment when a person come to this court upon  a habeas corpus and the court think fit to turn he over to the marshal they  commit he for no other matter than for the cause or cause return on the habeas  corpus
case anonymous habeas corpus returnable at a day certain a prisoner be bring  up by habeas corpus returnable at a day certain and the gaoler do not bring he  into court but carry he back and bring he in the next day this be a writ  returnable at a day certain you can bring he in at another day by virtue of it  by if the writ be returnable immediate a and the gaoler be rule to be at the  charge of a new writ
case anonymous hand of person beyond sea admit to be prove ante per holt chief  justice at nisi prius in debt upon a bind upon issue of non be factum if the  plaintiff prove the witness dead beyond sea or that he have make strict  enquiry after they and can hear of they he shall be let in to prove their hand
case anonymous hearing complaint be no supersedeas until there be a special  supersedeas holt chief justice a hearing complaint be no supersedeas in itself  be not like a writ of error but the party may go on with his execution until  there be a special a   b b cro h a where a statute create a new offence and  appoint certain particular remedy of which a indictment be not one the  particular remedy appoint by the statute can alone be pursue king v Pensax bar  king b Sess case but where newcreated offence be only prohibit by a general  prohibitory clause a indictment will lie king v wright burr although there be  afterward a particular provision and a particular remedy give king v Robinson  burr see also king v Balure Cowp king v Davis sayer king v Boyal burr king v  Harris term Rep and the note to king v Marriot Mod show a ante modern report  er p supersedeas and though a hearing complaint be allow no supersedeas shall  be grant until the matter whereupon the hearing complaint be ground be prove  by two witness
case anonymous heir by bind be only Chargeable as terre tenant holt chief  justice if one bind himself and his heir the heir land be Chargeable as be be  terretenant and not as heir
case anonymous Hilary term car roll queen what process shall issue upon  inquisition return to a noctanter vide ante and the case there cite Com dig a  writ of distringa villatas circumadjacentes villae de Dorling ad to lift up  hedge et ditch c knock over per to visit personas pardon et ad adquirend c  which inquisition be return and the malefactor unknown they find damage by  virtue of the statute of Westminster c and hereupon the king attorney pray a  distringa against the inhabitant and whether he shall have it without a to  know facias sue to answer and what process he shall have be much doubt  wherefore the court will advice thereof
case anonymous Hilary term Elizabeth roll judgement can be give on two  covenant where one be have   b Cowp dougl term Rep covenant the breach assign  be in two covenant and it appear that for the one he have no cause of action  and for the other a good cause issue be join upon both and find for the  plaintiff in both and damage entire assess the plaintiff can not have  judgement
case anonymous Hilary term James roll quod nothing to take in hand per billam  enter after nonsuit in trespass ante dougl on nonsuit in trespass if judgement  be in pity pro falsely warcry instead of because non pursue are it be  erroneous f n b a bk of Ent   error of a judgement in the king bench the error  assign be whereas the plaintiff be nonsuit in trespass after evidence and the  judgement be enter quod nothing to take in hand per billam which be a bar  whereas it ought to have be only in pity because non pursue be c but it be  hold to be no error for all the precedent of latter time be in that manner  second for that the judgement be quod to express grief et pledge Himself to be  in pity pro falsely warcry his whereas it ought to croak throw have be because  non pursue are for it ought not to be pro falsely warcry but where it be after  verdict or judgement upon demurrer And for this matter it be hold to be  manifest error and the judgement be reverse
case anonymous Hilary term Jan a defendant can revive but in one instance and  that be after a decree to account because in that case he be consider as a  actor for till the account be take it be not know on which side the balance  lie about five year ago a bill be bring by several person claim to be heir at  law to the duke of Buckingham the defendant likewise insist on be heir at law  and issue be direct to try it the plaintiff be not find to be heir at law but  the defendant only who have set down the cause upon the equity reserve atkins  the plaintiff now move to adjourn the cause till the representative of some of  the party be bring before the court Lord chancellor say a defendant can revive  but in one instance and that be after a decree to account because in that case  a defendant be consider as a actor vide ken v ken Prec Charles stowel v coal  Eq ab pl do case p W for until the account be take it be not know on which  side the balance lie but even in a bill bring for a account till the cause be  hear if there be a abatement the defendant can revive and therefore it be the  plaintiff only who ought to see there be proper party and if they have in this  case neglect to do it and shall be defective in this particular when the cause  come on again I shall not let it stand over up n pave only the cost of the day  which be the usual method but shall dismiss their ill out of court with cost  to be tax atkins er p
case anonymous holt chief justice one be not to be hear for one in contempt or  convict without his client be in court
case anonymous holt chief justice you have four day after the postea be actual  return to move in arrest of judgement
case anonymous how a defendant may plead to a bind of indemnity holt chief  justice if one be bind to save harmless against a particular thing the  defendant ought to show comment he have do it but if it be to save harmless  general a non injure general will do and if it be to save harmless in several  particular against all person it be general
case anonymous how a prisoner on mesne process may be charge in execution per  curian if a man be in custody of the marshal on a To give back see you may  charge he on the To give back see in execution with the marshal without make  the marshal acknowledge he in court to be in his custody but if he be in  execution you shall not charge he till acknowledge
case anonymous how a special verdict find a original deed shall conclude where  the counterpart be in evidence in what case the counterpart of a deed be good  evidence note the chief justice remember the case of Mayo v CombeHard lev keb  a in my Lord hale time where the counterpart of a ancient deed be admit in  evidence and a special verdict be find in the case find the original deed it  conclude prout by the counterpart it do appear and this be so do to preserve  the precedent and now all the court hold that the counterpart of a ancient  deed which may be lose be good evidence with other circumstance but not of  itself without other circumstance but that a counterpart of a deed lead the  use of a fine be of itself good evidence
case anonymous how seat in the church be determinable per curian all  controversy concern seat in a church be determinable before the ordinary  except where one claim a seat by prescription
case anonymous if a action be bring on Elizabeth c three week after the year  yet if judgement be enter for the year only it be good Hooper sergeant move in  arrest of judgement on a verdict upon the statute Elizabeth c for not come to  church for eleven month modern report er p his exception be that the statute  require the prosecution thereon to be bring within a year and a day but this  action be bring three week after the year and the verdict be for the whole  Powell justice tell he he put they I e the other side in mind of cure this  mistake they not have enter up their judgement for he say if they enter up  their judgement for no more than be within the time limit by the Act videlicet  for no more month than be within the year then it will not be error
case anonymous if a attorney undertake to appear he shall be compel to file  appearance note per holt chief justice if before a writ be take out a attorney  promise to appear to it and it be afterward take out and show to he he ought  to appear but that be no actual appearance but if such undertake be after the  writ be actual take out it be a appearance
case anonymous if a award be that a general release to the time of award may  be give a release to the time of the submission be a good general release  michaelmas term the three of William and mary in the king and queen bench sir  John holt Knt chief justice sir William dolben Knt sir Giles Eyre Knt sir  William Gregory Knt justice sir George Treby Knt attorney general sir John  summer Knt solicitor general
case anonymous if a captain of a ship refuse to deliver a sailor his clothes c  it be a conversion the case be a captain contract with seaman to go on a  voyage and after he have get they on board he will not pay they accord to  agreement upon which they demand their good which he refuse if they do not  stay till he have search for they which he refuse to do then and this be hold  good evidence of a conversion holt chief justice in trover the plaintiff ought  to prove property of good in he a and at least a demand and refusal and if  there be several parcel the orderly way to give evidence be to make a  inventory of they and prove the property of good mention in it and demand and  refusal of they
case anonymous if a cause of action arise part in one county and part in  another the venue may be lie in either per curian if cause of action arise  part in one county and part in another the plaintiff have election in which of  the county to lie it see Patterson v Scott stram and Scott who tam v Brett  term Rep a and in that case the defendant shall not upon the common affidavit  change it but where the cause of action be transitory and the plaintiff lie it  in another county than in that in which it do in truth arise and the defendant  by the common affidavit will change it into a different county the plaintiff  shall not come and say that it do arise in another county and be bind to give  evidence there the venue may in general be change in any transitory action on  motion ground on a affidavit that the cause of action if any arise in a  different county and not in the county in which the venue be lie but the rule  to show cause for this purpose may be discharge on motion the plaintiff  undertake to give material evidence in the county where the venue be lie and  if on the trial he do not give such evidence he will be nonsuit Com dig action  n Mr kyds edition where all the case upon this subject be collect foster v  tailor term Rep Watkins v tower term Rep Allen v Griffiths term Rep b
case anonymous if a defendant attorney do not pay the issuemoney in twentyfour  hour after issue deliver judgement may be sign by the court and the clerk when  there be a special issue tender and the other side join in it the book be send  back to the defendant attorney and he have four day give he either to join in  the issue or to waive it and give the general one and after the four day he  ought to send the paper back without any demand of the attorney of the other  side and if he fail in it the other may sign judgement for want of join in  issue but if the attorney will take back the book after the four day and  receive money for enter the modern issue or make up the record he shall not  afterward enter his judgement
case anonymous if a devise be make upon a condition that the heir at law do  not molest the devisee by suit or otherwise and the heir enter it be a breach  ray Leon hob roll Abr cro James Mod Com dig condition m Bac Abr a man devise  land to a his heir at law and devise other land to b in fee and say if a  molest b by suit or otherwise he shall lose what be devise to he and it shall  go to b the devisor die a enter into the land devise to b and claim it the  court be of opinion that this entry and claim be a sufficient breach to  entitle b to the land of a it be also agree that these word if a molest b by  suit c make a limitation and not a condition the devise be to the heir at law  for if it be a condition it descend to he and so it be void because he can  enter for the breach so pay in the case of the old son make a limitation   cro  Elizabeth wellock and Hamonds case Owen so in the case of William v fry in a  ejectment in the king bench late for NewportHouse a devise to his  granddaughter c provide and upon condition that she marry with the consent of  the earl of Manchester and her grandmother it be a limitation second it be  agree that a entry and claim in this case be a sufficient molestation for when  the heir enter and claim general it shall be intend as heir and the word that  he shall not molest by suit or otherwise be to be intend occasionepr emissor  three there be no need of entry to avoid a estate in case of a limitation  because thereby the estate be determine without entry or claim and the law  cast it upon the party to who it be limit and in who it vest till he disagree  to it a devise land to b and his heir and die it be in the devisee immediate  but indeed till entry be can bring a possessory action as trespass c pi Com    b modern where a possession vest without entry a reversion will vest without  claim
case anonymous if a feme sole plaintiff after verdict and before the day in  bank take husband the defendant can plead the coverture in abatement post cro  Elizabeth cro James Leon Bulst Jones Com dig trespass by a plaintiff be a feme  sole the party be at issue and try by nisi prius and verdict for the plaintiff  and damage and cost the defendant all jour in banc plead that after the  verdict and before the day the plaintiff take to husband one I S and she be  marry demand judgement c and thereupon it be move by roll that this be a plea  arise after the verdict and before the day in banc can be plead but pray to  have it disallow and that she shall have judgement for the defendant have no  day to plead it the chief justice and myself be of this opinion the other send  away whereupon rule be give that this plea shall be oust and the plaintiff  shall have judgement unless other matter shall be show c vide Henry pl Henry  pl Henry pl Henry pl
case anonymous if a feoff upon condition be seize the feoff may enter on  condition break although a fine and nonclaim have intervene post Owen   light  b       cro Elizabeth cro car Com Rep ld ray stram atk peer wms peer wms see  the Hargrave edition of   light note and note Cowp l Twisden justice if a  feoff upon condition be seize and a fine be levy and five year pass and then  the condition be break the feoff may enter for the seize hold the estate  subject to the condition and so do the conusee for he can be in of a better  estate than the conusor himself be
case anonymous if a habeas corpus be deliver to a inferior court after issue  yet if the judge be not a utter barrister and proceed in the cause a  attachment shall go for the contempt cro car Prec Chan fitzg vern Mod Mod  stram ld ray ld ray Peer wms Com dig habeas corpus g Tidds pract by the  statute of James c it be enact that no writ to remove a suit out of a inferior  court shall be obey unless it be deliver to the steward of the same court  before issue or demurrer join so as the issue or demurrer be not join within  six week next after the arrest or appearance of the defendant provide always  that this Act shall extend only to such court of record in city liberty town  corporate and elsewhere and for so long time only as there be or shall be a  utter barrister of three year stand at the bar of one of the four inn of court  that be or shall be steward c of the same inferior court modern er p in this  case issue be join and the steward refuse to allow the habeas corpus and the  cause be try but not before a utter barrister see cro car Carth and the case  of Fairley v Mac Connel I burr a as be direct by the statute curian the  steward ought to return the habeas corpus b Mod Carth Cromp pract Tidds pract  b and they have proceed to try the cause no utter barrister be steward let a  attachment go
case anonymous if a master may recall his licence to a apprentice c in what  case time be material in another case which be action of covenant against a  apprentice for leave his service holt chief justice hold these two point first  modern that if a master licence his apprentice to leave he he can after recall  that licence second that if a master bring covenant for leave his service at  such a time and the defendant justify by virtue of a licence at that time the  master can upon that declaration give evidence of a leave he at another time  for there the time be material and be not like a transitory matter in trespass  michaelmas term the second of queen whether in the common plea sir Thomas  Trevor Knt chief justice sir Edward Nevil Knt sir John Powell Knt sir John  blencoe Knt justice Edward Northey Esq attorneygeneral sir John hawles Knt  solicitor general
case anonymous if a party plead a deed lose or never in his possession the  other party shall produce the counterpart sand Bac Abr to Rep if a man plead  by force of a indenture which be lose and affidavit make thereof the party  shall be compel by the court to show his counterpart and he to plead thereto  or otherwise the court may grant a imparlance so it be if he will depose that  he never have any counterpart
case anonymous if a person be libel in the spiritual court for two cause one  within the other without its jurisdiction a prohibition shall not go after  sentence libel be in the spiritual court for call a woman whore and say that  she keep a bawdyhouse and after sentence a prohibition be move for and urge  contra that they shall have allege below that the word be speak at one and the  same time and then they may be prohibit but now as they have jurisdiction  below for call a woman whore and that be all they give sentence for they will  not grant a prohibition a
case anonymous if a person have a lie on good a demand and refusal to deliver  they be not evidence of a conversion trover and conversion for a horse in a  innkeeper hand denial to deliver he be no conversion nor evidence of a  conversion unless the plaintiff shower KB tender in particular what the horse  have eat out and the jury be to judge if sufficient rule so on evidence in  person lord north a trinity term the thirtythird of Charles the second in the  king bench sir Francis Pemberton Knt chief justice sir Thomas Jones Knt sir  William dolben Knt sir Thomas Raymond Knt justice sir Robert sawyer Knt  attorney general sir Francis winnington Knt solicitor general
case anonymous if a plea in abatement be overrule and a to answer ouster award  a copy of the plea in chief only need be deliver and pay for a plea in  abatement be overrule and a to answer ouster award and the general issue plead  it be a question whether the defendant attorney shall deliver a copy of the  issue declaration and the record of the plea in abatement to the plaintiff  attorney and pay for it and the print rule of the court be read the court will  consider of it though the constant practice be agree to be that the defendant  attorney shall do it and it be make a rule that it suffice for the future  after plea in abatement overrule and general issue plead for the defendant  attorney to deliver a copy of the declaration and issue without any copy of  the plea in abatement note it be a constant practice for a plaintiff to sign  judgement by default for want of a copy of the issue and pay for it and so  execute a writ of enquiry see comb v Pitt burr where a plea in abatement and  judgement of to answer ouster be omit in the plea roll and the court hold the  omission to be immaterial particular as the defendant have accept and pay for  the issue Tidds practice a
case anonymous if a prohibition be allow but not deliver till definite  sentence be pass it can be revive post cro car comb Com dig ld ray dougl term  Rep term Rep upon a rule give in the common plea for a prohibition the party  lie by his prohibition and the ecclesiastical court proceed to sentence  afterward the party appeal and two term after the other deliver prohibition  the court hold in regard he have surcease his time and suffer the sentence to  pass that he now shall not have the benefit of the prohibition and a  difference take where a prohibition be grant and the party not serve it  sentence of excommunication be pronounce in default of answer there upon the  matter he may have the benefit of his prohibition but not where there be a  sentence definite
case anonymous if a record be plead it must be show where it be ante per  curium when a man plead a record he ought to show where it be that the court  may have it as if a record of the court of king bench be plead to show it be  at westmonasterium in the county of Middlesex
case anonymous if a release be plead but no venue lie it can be amend after  demurrer and joinder enter on the roll a release be plead to a writ of error  but no venue lie to try it and there be a demurrer and joinder in it and all  enter on the roll but the roll be not bring into court or put upon the book of  roll Eyre now move to amend it but per curian it can be for it be now a record  by be put on the roll but if it have be in paper it may be amend upon payment  of cost modern er p
case anonymous if a ship be lose in her return seaman shall have all outward  wage and but half while in harbour abroad holt chief justice if a ship go  fraught of a outward voyage the seaman shall have their whole wage out but if  at modern report their return the ship be take or other mischief happen  whereby the voyage homeward be lose they shall have but halfwages for the time  they be in harbour abroad a
case anonymous if a ship be lose or desert between the port of delivery and  destination the sailor lose their wage per curium in respect to seaman wage  the usage be if the ship be lose before arrival in the port of delivery they  lose their wage out if she arrive safe in port and be lose in her homeward  voyage they have their wage out but lose the homeward wage if they run away  after arrival in port abroad they lose their wage
case anonymous if a statute enact that if damage be under S the plaintiff  shall not have judgement but defendant shall have cost the verdict in such  case must be enter for defendant note by a private Act of parliament it be  enact that if a trial he have between two inhabitant of Newcastle upon tine  and the damage not exceed forty shilling that in such case the plaintiff shall  have no judgement but the defendant shall have cost a indebitatus assumpsit be  bring and a verdict for the plaintiff and thirty shilling damage the question  be how the defendant shall have his cost and now a motion be make that this  matter may be suggest on the roll but holt chief justice say that the judge of  the inferior court shall have direct the jury to find for the defendant modern  er p
case anonymous if a statute require a thing to be do in England the venue may  be lie in any county in the kingdom when a statute require a thing to be do in  England it be sufficient to allege it do in the county of Devon without say in  England for the court will intend that and they do judicial take notice of all  the county of the realm
case anonymous if a trader sell good upon credit the property be in the vendor  although the vendee give a false account of himself a man come to a merchant  or other dealer and by false insinuation and account of himself prevail with  the merchant to sell he good upon tick holt chief justice seem to incline that  that be not such a cheat as will alter the propertyBut see the case of Parker  v Patrick easter term Geo where it be decide that if good be obtain by false  pretence and pawn without notice of the fraud and on the offender be convict  of the cheat the original owner get possession of his good again the  pawnbroker may maintain a action of trover against he to recover they back  term Rep a
case anonymous if a traverse be tender to a inquisition of forcible entry  restitution shall not be grant it have be hold in Kelynges time that if a  forcible entry be traverse yet there shall not be a restitution in the case of  the king v carl but the contrary have be hold since and before and that there  be no way to prevent restitution but by certiorari or plead that the party  have possession for three year before see Elizabeth c b
case anonymous if a whole term intervene there may be execution against the  bail notwithstanding a writ of error in parliament trinity term the six of  William and mary in the king and queen bench sir John holt Knt chief justice  sir William Gregory Knt sir Giles Eyre Knt sir Samuel Eyre Knt justice sir  Edward ware Knt attorneygeneral sir Thomas Trevor Knt solicitor general
case anonymous if a wife pawn her clothes the husband be not liable for money  lend her to redeem they roll Abr salk Prec Chan lev will Com dig baron and  feme if a wife pawn her clothes for money and afterward borrow money to redeem  they the husband be not Chargeable unless he be consent or unless the first  sum come to his use
case anonymous if cost tax be not pay attachment go per curium upon cost be  tax by the master upon a order of reference of a attorney bill if the cost be  not pay a attachment shall go
case anonymous if debt he bring by executor and one die after severance the  writ do not abate ante   light Leon   hard go see will c S error of a  judgement in the common plea against three executor the error assign be that  one of they die pen the writ before judgement and Wa herton move that this be  error but when one of the executor plaintiff die this be no error for they may  he Selrered but the court hold it no error Henry pl Edward pl I Leon
case anonymous if distress for rend escape or die distress may be de to make  new aliter if for damage pheasant holt chief justice first if a distress for  damage pheasant die in the pound or escape the party shall not retake they but  if it be for rend in either case he may distrain de to make new second escape  of cattle out of a pound be not like the escape of a prisoner out of gaol for  if the pound be not good the distrainant may be his own keeper and put they in  his own pound but be can be keeper of his prisoner three every pound keeper be  the servant of he who impounds the cattle pro here vice
case anonymous if feme covert be arrest common bail may be file ante S c salk  per curian if feme covert be arrest and it be clear and notorious that she be  covert common bail ought to be receive but if it be doubt she ought to find  special bail see the case of Edward v Rourke and his wife term Rep in point  but if the coverture be not clear make out the court will not discharge her on  motion Pearson v meadow b Rep but will put the party to plead the coverture in  abatement milner v mill term Rep if the plaintiff have trust a marry woman or  a feme sole she shall on be arrest find special bail Wilson v Campbell mich  term Geo ms see also Pearson v meadow Bl Rep and partridge v clarke term Rep  to the same purport a
case anonymous if in a inferior court I be sue for a matter out of the  jurisdiction in vacation time a prohibition lie in chancery on affidavit that  the matter be out of the jurisdiction but no affidavit be necessary where on  the face of the declaration the matter appear to be out of the jurisdiction by  imparling general you admit the jurisdiction and can afterward plead a foreign  plea see brown v Irvin king v jewel creese v Irvin Ves if one be sue in a  inferior court for a matter out of the jurisdiction the defendant may either  have a prohibition from one of the commonlaw court of Westminster hall or in  regard this may happen in a vacation when only the chancery be open he may  move that court for a prohibition as to the jurisdiction of the court of  chancery in vacation see Blackborough v Davis ante and crowley case swan where  the subject be discuss at great length but then it must appear by oath make  that the fact do arise out of the jurisdiction and that the defendant tender a  foreign plea which be refuse see Iveson v Harris Ves and if a prohibition have  be grant out of chancery improvident and without these circumstance attend it  the court will grant a supersedeas thereto peer William but in case it shall  appear on the face of the declaration that the matter be out of the  jurisdiction of the court then a prohibition will be grant without oath of  have tender the foreign plea and in these case equity imitate the commonlaw  vide salk and post sanderson v clagget and in a late case which be move the  last seal after Trin term where the court have grant a prohibition to a action  bring in the court at London upon a affidavit that the matter arise out of the  jurisdiction it appear at another day that the defendant have imparle general  which admit the jurisdiction and so can not afterward be allow to plead a  foreign plea the court grant a supersedeas to the writ of prohibition peer  William de term S michaelis
case anonymous if judgement be give on a appeal of death against three  appellant they may all join or sever in a writ of error if a appeal of murder  be bring against three person and judgement they may join in a writ of error  and yet in law they be several judgement videlicet et who the dawn suspend per  collum or they may have several writ of error accord to the nature of the case  but if there be several judgement upon one recognizance and no joint word  there it be doubt whether the writ of error ought to be several note the  proper way be to have judgement secundum form of the recognizance Qure if a  judgement be several and cost joint what writ of error be proper
case anonymous if notice of trial be countermand must pay cost if upon notice  of trial defendant draw breviate retain counsel and make ready his witness  before that notice be countermand upon affidavit thereof and motion he shall  have such cost as master shall tax
case anonymous if one defendant in trespass die puis darrein continuance and  at trial his default be record his death may be suggest and judgement have  against the other holt chief justice in trespass against two and after issue  join and puis darrein continuance one of they die the plaintiff may at the  trial get his default record and proceed to trial and have a verdict against  the other and he may before judgement come and suggest the death of the  defendant who die and have judgement against the other and take the inquest  against one where there be two defendant and one of they die puis darrein  continuance can be error if the default of the other be record and his death  be suggest before judgement and one can plead death of a party in abatement  puis darrein continuance a but now by Geo c no person can be remove until  actual Chargeable a see king v shaw ante and the note of king v chisholme ante  notorious facts modern report er p at the sit after hilary term in the  thirteenth of William the three at guildhall before sir John holt Knt chief  justice sir Edward ware Knt chief baron sir Henry hatsell Knt senior baron
case anonymous if one employ another to manage business for he though no swear  attorney the party himself can take advantage of it
case anonymous if one of two coroner be insolvent and suffer a escape yet the  other shall not be charge per holt chief justice if there be two coroner one  whereof be a beggar suffer a escape it be very hard to charge the other with  it the case come before I once and I will not take upon myself to determine it  though my brother levinz report that I will have overrule he in the exception  tailor v clerk lev a and that case have be argue several time in the common  plea but not adjudge but the court think it hard to charge the other see the  case of butcher v porter Carth show ld ray b in the time of the late king
case anonymous if one who for want of bail be turn over to the marshal get  himself turn over to the fleet he may be declare against in custodian per holt  per holt one arrest by process of this court for want of bail go to custody of  the marshal and afterward by habeas corpus get himself turn over to the fleet  sure the plaintiff shall not thereby lose the benefit of declare against he in  custody of the marshal but if he remove himself in that case out of custody of  sheriff into the fleet so that he never be in custody of the marshal Qure for  there may be a difference though even there it will be dangerous to suffer  such removal to prejudice of the first plaintiff action
case anonymous if party die after warrant to confess judgement c per curian if  a man give a warrant of attorney to confess judgement the first day of term  and die it may be well enter any time that term accord to shelly ease   a and  the dean of Salisbury case and many other case
case anonymous if rule for plead be not out may plead in abatement per curium  though a declaration be deliver as of a term before yet if the rule of plead  be not out one may plead in abatement the subsequent term
case anonymous if security be give to tenant on pay their rend and they be  afterward oust they have no remedy until the mean profit be recover per curian  if one pretend to have title to land give security to the tenant to save they  harmless upon pay he the rend and afterward another recover in ejectment  against they they have no remedy upon the security until recovery of the mean  profit which be from the time of the action bring and without a actual entry  there can be no recovery of the profit
case anonymous if the defendant be in contempt for not answer and on motion he  obtain time to answer if it be not express order that all contempt in the mean  time shall be stay the plaintiff may go on and prosecute the defendant for not  answer
case anonymous if the record be not certify on the return of a writ of error  the party may take out execution per curian after writ of error bring if the  record be not certify at the return of it upon certificate thereof from the  officer of the court in which the writ of error be returnable the other may  have a writ de execution judgment of course and the party can hinder execution  without a new writ of error
case anonymous if two parson of one church have each a entire cure and one be  present to both cure it be a plurality quare hinder it be resolve if there he  two parson of one church and each of they have the entire cure of the parish  and both the henefices of the value of eight pound per annum one of they die  and the other be present tvis be a plurality within the Henry c and be within  the intent of the statute that none shall have two live or henefices with cure
case anonymous imparlance nil to say a imparlance ought not to be grant unless  it be pray or ask by the party a Com dig pleader d Mod show and rule of easter  term Ann a
case anonymous imparlance special imparlance shall not be allow without the  leave of the court or consent of party
case anonymous imparlance the reason why upon a special capias in the common  plea the defendant shall be force to plead the same term without the benefit  of a imparlance be because the whole case be set forth in the writ unless it  be time and place and a imparlance be only to enable the party the better to  inform himself of the cause of action in order to his defence which he be  sufficient inform of by the special capias and so needs not a imparlance
case anonymous in a action against husband and wife if the wife be arrest she  shall be discharge on common bail S C vent cro James lev Mod side Mod Mod  stram bar salk will Bl Rep Tidds pract a action of trover and conversion be  bring against husband and wife and the wife arrest Twisden justice the wife  must be discharge upon common bail so it be do in lady Ballinglasss case d  vent and see the case of Edward v Rourke and his wife term Rep inpoint but if  the coverture be not clear make out the court will not discharge a feme covert  on motion in a summary way Pearson v mary meadow Bl Rep but will put the party  toplead the coverture which plea must be in abatement and not in bar milner v  Milnes to Rep see also Clerle v Norris h Bl Rep c b and will d and where it be  say in croak that the wife in such case shall be discharge it be to be  understand that she shall be discharge upon common bail so Livesay say the  course be
case anonymous in a action for divert a ancient watercourse it be not  necessary to show a title by prescription or otherwise Lut cro James vent Owen  Mod Carth skin dougl action upon the case for divert of a ancient watercourse  who to run to become used et to withhold to his mill after not guilty plead  and find for the plaintiff it be move by roll in arrest of judgement that the  declaration be not good because be do not show any title to the watercourse by  prescription or otherwise but Grimston for the plaintiff argue that the  declaration be well enough for be allege that it be antiquity aqueduct and  that by it the water to run to become used et to withhold it comprise in  itself sufficient title especial against a stranger who divert it croak car  and all the court be of that opinion it be adjudge for the plaintiff afterward  the same day another action upon the case for divert a ancient watercourse who  ad earth Le plaintiff to run to become used et to withhold to water his land  and for his cattle to drink after verdict for the plaintiff sergeant henden  take the same exception and the same rule be give against he croak car trinity  term car in the king bench sir John Brampston Knt chief justice sir William  Jones Knt sir George croak Knt sir Robert Berkley Knt justice sir John bank  Knt attorney general sir Edward Littleton Knt solicitor general
case anonymous in a action of assault by a husband for a intent to ravish his  wife his wife be a competent witness in a action of assault and battery bring  by the husband against the defendant for a intent to ravish his wife she be  admit a witness holt chief justice say it be because the wife can give any  consent though it be not felony holt chief justice hold that a have lie five  pound on the event of the cause be no objection to the wife of a be admit to  be a witness because it shall not be in the power of a three person to  disqualify one who otherwise will be a good witness and thereupon she be admit  to give evidence a the general rule be that husband and wife can be witness  for or against each other hill v hill stram Harper v Broughton ld ray Barker v  Dixie b r h field v Curtis Cowp king v Rudd case crown law king v Cliviger  term Rep Davis v Durwoody term Rep but there be some exception to this rule as  in case of high treason ray Brownl hawk p c c S say qure hale p c and rape  Lord audley case hut and forcible marriage Fulwoods case cro car perry case  hawk p c ch S and as in the principal case in assault and battery king v azir  stram a modern report er p modern report at the sit after easter term the  eight of queen whether at Westminster before sir John holt Knt chief justice
case anonymous in a attaint if the plaintiff have not the nisi prius record  ready pursuant to Henry c he shall lose his writ and the defendant go without  day dyer more attaint upon a verdict in the exchequer the party be at issue  quod good to make sacrament at the day of trial the grand jury appear and the  record of the exchequer be not remove hither it be debate what shall he do for  it be agree per curian that no day shall he give to the plaintiff to bring in  the record for the plaintiff at his peril ought to have bring in the record  before that time and a precedent be then show in Henry pl that the judgement  in such case be qubd to express grief nothing capial per breve et qudd tam  defendens quamjuratores to go ind state die and no fine put upon the plaintiff  and so it be do here a
case anonymous in a immaterial issue the defendant shall plead again though  after a verdict for the plaintiff ld raym bull Ni Pri edit p Bl Rep burr SC  Str Cun Rep SC Mod cro James burr will Com dig Com dig in debt upon bind for  the payment of money due on the that of February the defendant plead that he  pay it on the that day of January precede and issue that he do not pay it on  the say that day of January and upon that a verdict for the plaintiff and now  it be move to plead again for notwithstanding this verdict the plaintiff may  be pay after the that day of January and before the that day of February when  the condition be that the money shall be pay and therefore the bind perhaps be  not forfeit and the plaintiff have no title of action and it be argue by  Parker queen sergeant that it be a immaterial issue notwithstanding it be aid  by the statute Henry c Com dig Com dig a and therefore it be order that they  shall plead again
case anonymous in action for a dog bite must prove the owner know the dog use  to bite note to maintain a action for the bite of the defendant dog it must be  prove that he know his dog to be use to bite but one instance be sufficient in  that case a though to satisfy the word of the statute of Elizabeth concern  lease of land usual let the land must have be let twice at least
case anonymous in action on penal statute common bail suffice holt chief  justice in all action upon a penal statute common bail suffice but when a writ  be special there can be common bail without summon before a judge
case anonymous in avowry for a rentcharge by devise the register of the will  and former payment good proof at nisi prius in person holt chief justice in a  avowry for a rentcharge devise to the plaintiff he can not produce the will  that belong to the devisee of the land charge who claim they by the same will  but he produce the ordinarys register of the will and prove former payment and  hold sufficient evidence the will be I devise my land in the parish of a and b  to I S and I devise a rend to I n out of my land in the parish aforesaid and  per holt chief justice it be good to charge the land in both parish
case anonymous in b r oyer may be crave after imparlance by the course of the  king bench a man may crave oyer of a deed after imparlance as it be say but  not in the common plea quaere
case anonymous in b r this case in holt and twelve modern be style Nelson v  Hawkins dean of Chichester where scandalous word be speak of the function of a  spiritual person a prohibition shall not go Mod SC holt S c Mod ld raym SC  salk SC Com dig ld raym Gibs cod infra p a prohibition be pray to the  spiritual court where the dean of have libel for these word you be a knave a  knave a knave indeed roll godb and it be urge by Selby for a consultation that  these word of a spiritual person be defamatory and a libel may be maintain in  the spiritual court for they and he cite vent and a case there cite where a  prohibition be deny for these word sir priest you be a knave say non allocatur  for by holt c j where the word be speak of the function of a spiritual person  or charge he with falsity in that function a prohibition lie not but for these  word where there be no relation to the function a prohibition shall go and  after several debate it be grant comens de boundary pasch will III in b r
case anonymous in c b where a suggestion for a prohibition be not prove in six  month the party shall have consultation without delay burn e l this be a  prohibition upon a suggestion that the suit in the spiritual court be for  tithe of heath and barrenIt be lie down in the case of Sherrington vers  Fleetwood cro Elizabeth more what land shall be denominate barren and  consequent within the statute ground improve within seven year after the  improvement contrary to the statute stat Edward c S a and a rule be pray for a  consultation because he have not prove his suggestion within six month for the  word of the statute of Edward c sec be general in case the suggestion for a  prohibition be not prove in six month c those month be calendar month hob Litt  Rep ld raym salk SC and be to be compute from the testae of the prohibition ld  raym salk S c the party shall have a consultation without delay and though  there need no proof of the suggestion where the suit be for tithe contrary to  common fight Com dig Yelv keb Brownl a or where the contract of the party be  suggest Crompt bring ld raym salk SC Bac Abr Com dig b yet in other case it  ought to be as well as upon the suggestion of a modus cro car Jones SC and  such suggestion be prove die b and to this the court incline comens de term  sanct trin whether in c b
case anonymous in canc upon a settlement of land to be sell in trust for  several purpose the residue be give to b and his heir reserve only to be pay  to such person as the donor shall by write under his hand direct who die  without any such direction the will go to his heir and not to b or his assign  prece in Ch vern Forr a man seize in fee make a settlement of land to trustee  and their heir upon trust that they shall sell the land and pay out of the  money arise therefrom such particular sum to such particular person and the  residue after the sum of to be pay to such person as he by any write under his  hand shall direct to b his executor or administrator and afterward die without  any direction for the payment of the it be resolve that b shall not have the  but the heir of he who make the settlementVide p wms and the judicious note of  the editor in which he have collect all the authority upon the subject
case anonymous in case of a issue out of chancery it be proper to move that  court for cost for not go on to trial or to move there for a special jury if a  issue be direct out of chancery to be try and the party plaintiff in the issue  give notice of trial and do not countermand it in time upon motion the court  of chancery will give cost and not put the defendant to move the court of law  where the issue be to be try so on a issue be direct out of the court of  chancery after such issue make up it be proper to move the court of chancery  for a special jury if the circumstance of the case require it and the court  will grant the same as they do in the case of attorneygeneral and snow
case anonymous in chancery a drawer of a bill of exchange though give without  consideration shall not be relieve against a three person to who it be assign  for a honest debt Doug d edit cunning bill of Exch Reynolds v dundas t Rep t  Rep atk bull Ni Pri a give a bill of exchange for value receive b assign it to  c for a honest debt c bring a indebitatus assumpsit on this bill against a and  have judgement on which a bring his bill to be relieve in equity against this  judgement because there be real no value receive at the give of this bill and  c will have no prejudice who may still resort to b upon his original debt it  be answer that a may be relieve against b or any claim as servant or factor of  or to the use of b but the chancellor hold that c be a honest creditor and  come by this bill fair for the satisfaction of a just debt he will not relieve  against he because it will tend to destroy trade which be carry on every where  by bill of exchange and he will not lessen a honest creditor security morris  versus lee b r h Geo in a action by the endorsee against the maker of a note  thirteen year old the defendant obtain a rule nisi to set aside a judgement  obtain by default on a affidavit by a three person that he believe the  defendant be swindle out of the note a affidavit be make on the other side  that the plaintiff take the note good fide and give a valuable consideration  for it and the court hold that however improper it may have be obtain a three  person who take it fair and give a consideration for it be entitle to recover  and discharge the rule vide bailey treatise on bill of exchange p comens er p
case anonymous in court Lord chancellor a executrix shall sign a inventory of  good the use of which be devise to her for life but shall not give security  for they see post case if the use of household good be devise to a executrix  for life she shall sign a schedule or inventory of they but shall not be  compel to give security for they Nels vo Rep in canc Chan Cas mosely report er  p mosely report de term S hill in cur porter
case anonymous in debt on a judgement the defendant can pay money into court  before plea plead although the plaintiff be become bankrupt a action in this  court upon a judgement for damage in the common plea Salkeld sergeant now  before plea move to bring so much into court and to have it strike out of the  declaration holt chief justice No you may plead tender and uncore pres but  then the counsel discover that the plaintiff below be now become a bankrupt  and no commission be out they dare not tender he the money but will bring it  into court to remain in trust for he that shall have right holt chief justice  you be in the right to take care how you pay it voluntary but we can be  trustee for you and the court will make no rule
case anonymous in debt upon a joint contract if one plead nil dehet the other  can wage law Com dig debt against two upon a contract the one plead nothing  dehet per native land the other wage his law and it be hold b all the court  except Glanville that the one only can wage his law but he ought to plead also  per native land because the debt be joint Glanville contra because otherwise  every one may he oust of his law by join one of the plaintiff friend with he  in the action vide Edward pl Edward pl a see James c ld raym a a attaint may  he bring to reverse a judgement either at commonlaw or on the Henry c revive  by Henry c but the practice of set aside verdict upon motion and grant new  trial have so supersede the use of both sort of attaint that sir W Blackstone  say he have not observe any instance of a attaint in the book late than the  sixteenth century and refer to Ingersalls case ante vide Com and burr croak  Elizabeth er p
case anonymous in ejectment payment of rend a sufficient evidence of the  plaintiff title a fine must have the proclamation endorse or it be not  evidence in ejectment upon evidence in a trial before Lord Scroggs it be hold  that payment of rend to the lessor or to any for his use be a sufficient title  for the plaintiff if the defendant have no title at all but possession and  hold also that a fine with proclamation when give in evidence ought to have  the proclamation endorse on it and it be not enough to say that it be second  form set up a see Geo c a at the lend assize at Exeter in a action on a note  of band date sixteen year anterior to the trial price baron rule that evidence  of the defendant have acknowledge it to be his hand write be sufficient to  take it out of the statute ms viner Abr see also S p heyling v Hastings Carth  Mod Mod comy Rep although the acknowledgement be make after the commencement  of the action yea v Fouraker burr and in the slight manner quantock v England  burr as where in a action on a note of hand the defendant be prove to have say  though six year be pass he can not presume it be bar swain v Wallinger Mosol  so the acknowledgement of one out of several drawer of a joint and several  promissory note give in evidence on a separate action against any of the other  will take the case out of the statute Whitcomb v whiling dougl notorious facts  and if a letter be write by a defendant who have plead the statute of  limitation to the plaintiff attorney couch in ambiguous term it shall be leave  to the jury whether it amount to a acknowledgement of the debt Lloyd v maund  term Rep shower KB er p
case anonymous in ejectment the attorney be liable to cost where the plaintiff  be nominal ante per curian it be a great abuse in ejectment that people make  nominal lessee person not in a thing naturan or at best not know to the  defendant so that he thereby may lose his cost and per all men the attorney  that do so ought to pay cost and in this case a attorney be put to answer  interrogatory for such a practice
case anonymous in error to reverse a recovery there must be a to know facias  against the heir and tertenants although the heir be within age ante side dyer  ray Carth skin Savil holt cruise on recov Mod Mod Mod Mod vern vern pale  yellow e r stram a writ of error be bring to reverse a recovery suffer in the  grand session of Wales the question now be whether there ought to be a to know  facias against the tertenants and the heir it be say that it be discretionary  in the court and that the first case of this nature be in my Lord dyer dyer a  where a writ of error be bring in the king bench to reverse a fine levy in the  county palatine of Chester and a to know facias be bring against the heir but  not against the tertenants but the heir in this case be a infant so that if he  be admit to be a defendant he ought not to appear during his minority and  there be no remedy till his full age curian it be not necessary in point of  law but it seem to be the course of the court and that must be follow and it  be reasonable it shall be so because the error upon a recovery shall not be  examine before all the party be in court therefore there shall be a to know  facias against the heir and the tertenants see the case of Kingston v Herbert  ante hall v woodcock I burr Sheepshanks v Lucas I burr cruise on recov Lord  Pembroke case Rep tem p holt b
case anonymous in hearing complaint the record must he bring into court notam  the last day of this term a precedent be show to the court which be mich Henry  roll a hearing complaint be bring in this court and because the record be not  bring into court so as the party may have execution if the matter be find for  he n for this cause the judgement be that to express grief nothing to take in  hand per breve
case anonymous in levy a fine the person who render may make the warranty post  Francis gawdy move this case a fine be levy with a render the render be with  warranty and the officer of the fine refusedto take it by reason of the  warranty annex which have not be know before time but all the justice conceive  it be good for although it be not usual that he which render shall warrant the  land because he take no benefit yet if he will warrant it it be not to he  doubt but it be good enough and the officer be command to receive the fine
case anonymous in perjury on Elizabeth it must he allege in the first part of  the declaration that the defendant depose corrugate et willing ante hawk Bac  Abr king v Cox it be determine by ten judge that in perjury on Elizabeth the  word cc wilful be a material description but in peri at commonlaw wicked  malicious and corrupt imply wilful Sejujayses in crown law p in a bill of  perjury the party be at issue coke take exception at the declarand tion which  be that the defendant falsb deposuil c but say not corrugate et willing but in  the conclusion of the declaration it be el sicfalsb corrupt et willing to lay  but because it be not allege at the first when the fact be allege the  declaration be adjudge insufficient and that the plaintiffnihil capiatper  billam a vide ante contra a this oath be abolish in criminal matter by car c  croak Elizabeth er p
case anonymous in plead a grant of a advowson with a profert of the deed the  court on oyer will not admit a copy although the original be in the hand of  the other party io   side sand Mod Mod Mod Mod vern Prec in Chan Abr Eq ld  raym ld raym stram stram will and see the case of Matison v Atkinson and totty  v Nesbit term Rep notorious facts and lkinson v Leonard brown Cas Chan Cromp  prac dougl quere hinder the plaintiff declare upon a grant of the advowson to  his ancestor and in his declaration say c in Curid prolald a see the statute  car c and Ann c a but indeed have not the deed to show Baldwin sergeant bring  a affidavit into court that the defendant have get the deed into his band and  pray that the plaintiff may take advantage of a copy thereof which appear in a  inquisition find in the reign of Edward the six the court when a action of  debt be bring upon a bind to perform covenant in a deed and the defendant can  plead covenant perform without the deed because the plaintiff have the  original deed and perhaps the defendant take not a counterpart of it we use to  grant imparlances till the plaintiff bring in the deed and upon evidence if it  be prove that the other party have the deed we admit copy to be give in  evidence but where the law require that the deed be procure you have your  remedy for the deed at law we can alter the law nor ought to grant a  imparlance
case anonymous in real action there must be real summons Mod Mod vent lev salk  in real action there ought to be real summoner and two of they and if there be  not such though the sheriff give notice to the party the court will set aside  the judgement upon motion without any writ of deceit as be do in the case of  Searle v long a
case anonymous in replevin both be actor it be the opinion of north chief  justice that in a replevin both party be actor for the one sue for damage and  the other to have the cattle and there the place be material for if the  plaintiff allege the take at a and they be take at b the defendant may plead  non to take in hand modus et formcl but then he can have no return for if he  will have a retorno to have be must deny the take where the plaintiff have lie  it and allege another place in his avowry
case anonymous in replevin if the defendant as bailiff make cognizance by  attorney and one of they be a infant yet it can be assign for error for they  be in nature of plaintiff and sue in autre law roll Abr Yelv cro Elizabeth cro  James vent lev Mod sand Mod Bac Abr Mod stram replevin three person make  cognizance as bailiff to a and so justify the take of the cattle damage  pheasant in his ground the plaintiff reply that the cattle be take in his  ground and traverse the take in the place mention in the cognizance there be  judgement for the defendant upon which a writ of error be bring the error  assign be that one of the bailiff be a infant and make cognizance by attorney  when he ought to do it by guardian Mr pollexfen this may be plead in abatement  but it be not error for a infant administrator may bring a action of debt by  attorney because he sue in the right of another and so his infancy shall be no  impediment to he the bailiff in this case be as much a plaintiff as the  administrator in the other for he make cognizance in the right of another and  in such case if two be of age and one be not they who be of age may make a  attorney for he who be not so if there be two executor one of they of age and  the other not one may make a attorney for the other Mod sand a there be no  difference between executor and infant in this case for executor recover in  the right of the testator and the bailiff in the right of he who have the  inheritance beside the avowants be in the nature of plaintiff and wherever a  plaintiff recover the defendant shall not assign infancy for error Adjournatur  this seem to be the case of coan v bowl show where it be determine that in  replevin if the defendant appear by attorney and avow as bailiff and one of  they be a infant it can be assign for error that the infant appear by attorney  S c Mod S c salk S c Carth b modern er p
case anonymous in replevin the money due on the bind may be pay into court  ante replevin the defendant justify the take the cattle damage pheasant and it  be now move to stay proceed on bring into court what be due with cost the  court if you bring in what be due upon the replevinbond proceed shall be stay  but if it be to stay proceed on payment of what be due for damage it shall not  be grant because the court have no rule to guide they in such case but it be  otherwise for rend for that be certain a see Hallet v east India company burr  Bonafous v Rybot burr a
case anonymous in some special case the answer of one defendant may be read  against the other so Bennet v walker dick regular the answer of one defendant  shall not be make use of as evidence against another defendant but one  defendant say by his answer that he be much in year and can not remember the  matter charge in the bill but that I S be his attorney and transact this  matter and peer William I S the attorney be make a defendant and give a  account of the matter here upon a motion for a injunction Lord Cowper say  these word in the first defendant answer amount to a refer to the codefendants  answer and for that reason the attorney answer ought to be read and accord be  read against the first defendant peer William er p
case anonymous in the court of chancery if a husband sue in chancery for his  wife portion the court will oblige he to make a equitable settlement atk atk  Peer wms Peer wms brown if a husband come to sue in chancery for his wife  portion the court upon the prayer of the wife friend and relation will force  he to secure the same part for the wife and part for the child for say they if  you will have equity you must do equity and they may qualify their own decree  but they will never force he if he come not there as complainant as if he sue  at law c
case anonymous in to know facias in ejectment the title may be controvert per  curium in the case of proctor v Johnson there be this diversity between a to  know facias upon judgement in debt and in ejectment for in the last the party  may controvert the original title
case anonymous in trespass against baron and feme if the baron die between the  nisi prius and day in bank the writ shall be good against the feme ante post  cro James side Leon stram b r h will Mod Carth Com dig Bac ab Bac ab trespass  against husband and wife for break his close after verdict for the plaintiff  the husband die betwixt the day of the nisi prius and day in banc croak car er  p Archibald now move that no judgement shall be enter for the husband be dead  the action as to the wife be by the act of God abate and for that cite Edward  pl Henry pl and it be hold b all the court that the death of the plaintiff or  defendant after verdict by nisi prius and before the day in banc shall abate  the writ or bill and although husband and wife be but one person in law yet  forasmuch as the husband be dead before the day in banc no judgement may be  enter and if it be enter it be error but because this be in a action of  trespass which be but personal and be joint and several the court doubt for it  be clear if the wife have be dead and the husband survive judgement shall have  be enter against he and the reason be the same that she survive shall be  Chargeable for the trespass but whether the bill shall abate the court will  advice per quod adjournatur see car c and will c
case anonymous in usurious contract the proof lie on defendant upon a usurious  contract plead the proof lie all upon the defendant for by his plea he confess  the debt per holt chief justice
case anonymous in what case a executor shall be bind by the inventory exhibit  on prove the will action of debt upon a bind against a executor who plead  plene to manage the plaintiff counsel give into court the inventory take in  the spiritual court and put it upon the defendant to discharge himself holt  chief justice say that where in the inventory it be set down desperate debt  those shall not be asset unless the plaintiff can prove that the defendant  have receive they but those debt which be not set down desperate whether  arrear of rend or any other shall be account asset whether pay or not modern  report at the sit after easter term the eight of queen whether at guildhall  before sir John holt Knt chief justice
case anonymous in what case a man must make oath of the loss of a deed where  he bring a bill touch this deed Vid post case pound Ch Rep on a demurrer  resolve that where a man exhibit a bill for discovery of a deed and pray in  his bill a discovery only there a man must make oath he have lose the deed but  where a man come and set forth the loss of his deed and pray to be relieve  touch the duty come to he by the deed there he needs not make such affidavit  this be in all likelihood a mere mistake in the reporter as all the case on  this doctrine be direct and uniform contrary vide Whitchurch v Golding p wms  anon atk dorm v fortescue atk vide also Mitford Tr d edit which state the  doctrine as the result of the case to be that a bill for discovery mere or  which only pray the delivery of deed or write or equitable relief ground upon  they do not require such a affidavit vide also Eq can ab pl where this report  be take notice of and consider as a mistake of the reporter Vernon chancery  case er p Vernon chancery case de term S michaelis car it in curian porter
case anonymous in what case a view shall be grant Kelynge chief justice a jury  be never order to a view before their appearance unless in a assize Twisden  justice neither shall you have it here but by consent a but now by Ann c S in  any action bring at Westminster where it shall appear necessary that the juror  shall have a view of the message land or place in question in order to their  better understanding the evidence the court may order a special writ of  distringa or habeas corpus to issue by which the sheriff shall be command to  have six out of the first twelve of the juror name in such writ or some great  number of they at the place in question some convenient time before the trial  who shall have the matter in question show to they by two person in the say  writ name to be appoint by the court and say sheriff shall by a special return  certify that the view have be have accord to the command of the writ a
case anonymous in what case homicide in the prosecution of a illegal act shall  be murder at the session in the old Bailey hold there on the nine day of April  in the nine year of George the first where some of the judge of the common  plea be present this case happen two man be beat another man in the street in  the nighttime a stranger pass by at the same time say I be ashamed to see two  man beat one thereupon one of those who be beat the other run to the stranger  in a furious manner and with a knife which he hold in his right hand give he a  deep will of which he die soon after and now both the other be indict as  principal for the say murder but the judge be of opinion that because it do  not appear that one of they intend any injury to the person kill he can not be  guilty of his death either as principal or accessary it be modern report true  they be both do a unlawful act but the death of the party do not ensue upon  that act so he be acquit and the other be find guilty and this agree with the  case of the king v Thompson Kely a
case anonymous in what case interest shall be allow on a bind SC ante holt  chief justice if a bind be for four hundred pound with condition to pay two  hundred at a day without mention of any interest to be pay for the two hundred  modern er p pound so that if the two hundred pound be pay at the day the bind  be save though the money be not then pay so that now the obligor can be  relieve against the penalty without pay interest yet such bind needs no  specification by the late Act of parliament trinity term the three year of  queen whether in the queen bench sir John holt Knt chief justice sir John  Powell Knt sir Littleton powis Knt sir Henry gold Knt justice Edward Northey  Esq attorneygeneral Simon Harcourt Esq solicitor general
case anonymous in what case oyer may be pray if oyer of letter of  administration shall be grant or if they must demand oyer before the rule for  plead be out and not before the time for plead be out Pratt chief justice  whatever one party be to bring into court the adverse party may crave oyer of  but oyer must be pray before the rule for plead be out
case anonymous in what case proceed on bind shall not be stay action of debt  on bind for two hundred pound condition for the payment of one hundred pound  in manner follow fifty pound down and five pound per annum f or ten year and  if the defendant shall fail payment for any of those sum the remain sum shall  be pay wear move that on bring in five pound interest and cost proceed may  stay the sum of fifty pound be in nature of a penalty and this court have by  the Ann c the same power over action on bind as equity have and this be what  equity will do for we per curian to differ fortescue justice it be the  agreement that the remain sum shall be pay on failure of every five pound we  will not put the plaintiff to his action for every five pound the sum be so  small he have better release they the whole fifty pound be but the principal  in this case a but see bridge v Williamson stram Derby v Wilkins stram main v  somner burr Bonasous v Rybot burr and Marson v touchet Bl Rep a modern report  er p
case anonymous in what case the presence of a attorney be necessary to render  a warrant of attorney give by a prisoner valid holt chief justice if a man be  arrest at the suit of a and while he be under confinement of the bailiff he  give a warrant of attorney to confess a judgement if there be no attorney by  it be always take to be by duress modern er p but when one be in gaol a good  while and then another that be his creditor or suppose to be so come to he and  he voluntary without any compulsion confess a judgement to he that judgement  shall stand though there be no attorney and if one be imprison in the king  bench and confess judgement or action to another it shall be good as if the  declaration be deliver to one in custody of the marshal and be confess the  action and give judgement though there be no attorney by it shall stand
case anonymous in what case title must be set forth holt chief justice where a  common or a way be claim the title ought to be set forth in the declaration  but for a fair or a franchise which be no charge to another soil there to have  to withhold be good without further
case anonymous indictable to bury until after coroner inquest holt chief  justice it be matter indictable to bury a man that die of a violent death  before the coroner inquest have sit upon he memorandum case a order of justice  can be remove before appeal it be a rule of court that no order of justice  whereof a appeal lie be bring hither by certiorari until after appeal and if  any be that it be send back by procedendo for the original order do not come  up but the tenor of it as appear by the very word of the return
case anonymous indictment at commonlaw determine his election to prosecute for  it on a statute post it be move to quash a indictment which be for enter into  a warren and hunt and kill rabbit at night the exception be that by the  statute of James c the offender forfeit Triple damage and cost half a year  imprisonment and to find security for his good behaviour for seven year and  the indictment not conclude contra form stat the punishment of the statute can  be inflict and if the defendant be fine upon this indictment he may be  notwithstanding again punish accord to the statute and so bis pro eoden fault  say non allocatur for if one have two remedy the one by Act of parliament and  the other by commonlaw and take one of they he thereby determine his election
case anonymous indictment caption pro castle c quash Note In this term upon  the motion of Mr king two indictment be quash because in the caption it be say  per sacrament dvodecim estimable et of man pro castle predict instead of  castle predict so that it do not appear they be of the borough modern report  easter term the seven of queen whether in the queen bench sir John holt Knt  chief justice sir John Powell Knt sir Littleton powys Knt sir Henry gold Knt  justice sir Edward Northey Knt attorneygeneral sir Simon Harcourt Knt  solicitor general
case anonymous indictment for steal the good of a unknown person Lord chief  justice hale say that he will never convict any person for steal the good  cujusdam pardon mere because he will not give a account how be come by they  unless there be due proof make that a felony be commit of these good hale hist  pl Cr at a session of oyer and terminer hold at the old Bailey in April last  this case happen modern report er p a lose and idle person be apprehend at  Southampton and be bring before a justice of peace a silver tankard be modern  report find in his possession and he give no satisfactory account how he come  by it and the justice suspect be steal it commit he to prison be bring by  habeas corpus to Newgate he be indict for steal a silver tankard value ten  pound of the good and chattel of a person unknown at the trial the prosecutor  offer to give evidence that this be a lose and disorderly person and therefore  it must be presume that he can have no property in the tankard but that he  steal it but Gilbert chief baron who be then in court say that though a  indictment may be good for steal the good cujusdam pardon yet a property must  be prove in somebody at the trial otherwise it shall be presume that the  property be in the prisoner by his plead not guilty to the indictment for a  man shall not be find guilty of felony and hang upon presumption easter term  the ten of George the first in the king bench sir John Pratt Knt chief justice  sir Littleton powys Knt sir John fortescue aland Knt sir Robert Raymond Knt  justice sir Philip York Knt attorneygeneral sir clement Wearg Knt solicitor  general
case anonymous indictment on Elizabeth c indictment for exercise arm mysteriam  sive occupation of less tailor not have serve c quash see the case of Davison  v barber hob a
case anonymous indictment quash for want of contra peace cro car Mod fitzg ld  ray dougl a indictment for retail a servant without a testimonial from his  last master move to quash it first because it want the word contra peace  second because they do not show in what trade it be so quash
case anonymous indictment some sort quash on motion it be say by sir Samuel  Ashtree that indictment for perjury forgery maintenance be never quash on  motion a but the party be always put to plead to they but as to riot or other  offence of a public nature the court indeed be very tender of quash they yet  they do it daily if they find it for a frivolous matter
case anonymous indictment will not lie on a statute direct a penalty to be  recover by bill plaint or information indictment upon the Elizabeth c for make  cable of old stuff conclude contra form stat general the penalty give by the  statute be four time the value of the cable to be recover by bill plaint or  information and it be quash nisi upon this exception that the justice of peace  have no jurisdiction give they by the statute and the indictment be take  before they at their quartersession a
case anonymous information for make a wharf contrary to a private Act of  parliament a Act of parliament be for make a river in Derbyshire navigable and  that a see cook v Holgate barn Roydon v batty barn Anonymous stram fisher v  prince burr whitten v full black Rep a ante stone v Jones post Johnston v  Byson post a see king v Chichester Sess case Chewton v Compton Martin stram  Reg v Newington Sett Rem king v Johnston salk Const Hobey v Kingsbury stram  modern report er p none shall build any wharf upon it from henceforth and one  have afterward build a wharf another who have a former and prejudice in the  advantage thereof by the second wharf move for leave to file a information a  against he upon the statute and though the court say it be not a Act of so  public a nature as that the court ought ex duty to take notice of it yet  because it be for public good and the matter direct against it they give leave  to file a information but they hold that a information will not lie for the  violation for a private statute
case anonymous information information be file against a gaoler for suffer one  take up upon a excommunicate to take in hand to go at large
case anonymous information lie for game a information be file against one for  draw in several to play with he for money and put false dice upon they ex  motion Salkeld modern er p
case anonymous information post a information be file against the defendant  who set up a lottery and afterward run away without draw it a
case anonymous injunction upon a attachment or dedimus c do not stay proceed  in the spiritual court without special order so reed v bowyer I price and the  same rule apply to the court of admiralty Macnamara v macguire dick a  injunction upon a attachment or a dedimus or upon the defendant pray time do  not extend to stay proceed in the spiritual court as it do to stay proceed at  law so that whenever proceed in the spiritual court be to be stay it be to be  it note special Qure whether the same rule do not hold with regard to proceed  in the court of admiralty peer William de term S HILLARII
case anonymous inquisition before a coroner certain to give as a loan ill sir  Bartholomew shower move to quash a inquisition take before a coroner whereon  the jury find that a post in the highway be only causan movable ad death and  be except to it because it be our certain to give as a loan be causan death  whereas it ought to be certain and therefore it be quash a see Harebottle v  Placock cro James Littleton v Hunkleton dyer a Anonymous dyer a king v Burdett  salk S c ld ray foster v hawden lev see also hawk p c ch S Bac Abr hale bull n  p modern report er p
case anonymous inspection of charter holt chief justice we never order charter  to be bring into court on trial when copy of they may he have at the roll a  but we will compel they to give you sight of they b
case anonymous interrogatory on a attachment if one be bring up upon a  attachment you can have no more than his answer upon interrogatory and if he  forswear himself he be subject to a prosecution of perjury
case anonymous interrogatory when one be put to answer interrogatory the  prosecutor have four day to exhibit by the rule of the court
case anonymous it be a contempt to charge a prisoner in execution for a fine  with a civil action without leave of court per curian if a person be in  execution for a fine it be a contempt for any to charge he with a civil action  without leave of the court but the court will hardly discharge the action  though they will punish the contempt
case anonymous it be a good plea to a action of debt by a executor that the  plaintiff be a alien enemy post   light Owen go Molloy more carter skin salk  ld ray foster Str burr Bac Abr Douglas pale yellow on will term Rep debt by a  executor the defendant plead that the plaintiff be a alien nee at Ghent under  the ohedience of Philip king of Spain enemy of the queen and if be hold a good  plea though the action be bring as executor and though no war be proclaim  hetween this kingdom and Spain by reason of open act that he do as a enemy
case anonymous it be actionable to say he steal the colonel cloth and the  declaration be good without a colloquium of the colonel or the cloth say  quaere l roll Abr cro James hob roll Rep ray stram vent Mod stram ld ray Cowp  a action on the case be bring for these word he steal the colonel  cupboardcloth it be make a question whether these word be actionable there be  no precedent discourse lie in the declaration either of the colonel or his  cupboardcloth but the court hold the word actionable for it be a charge of  felony and if such word as now lie in this declaration be not actionable any  person may be scandalize for it be and must be actionable to say of a man that  he steal my lord horse or the parson sheep though it do not appear to what  lord or parson they do belong modern er p
case anonymous it be not indictable to call the magistrate of a city a society  of ass ware move to quash a indictment against a for that in the restoring of  freedom magistracy community de Lichfield before joint pursuit an ass first  exception that it be magistracy there be no such word second that it be not a  direct allegation that they actual be ass but by a before and holt chief  justice say that if they have not reputation enough to secure themselves from  such a aspersion he will be of the defendant opinion too and it be quash a see  Pritchard v Stephens term re modern report er p
case anonymous it must appear in a record of outlawry that the county court be  not only hold in but for the county I vent show show lev keb burr Bac Abr Mod  ld ray ld ray in outlawry of several non comparueru without nec the dawn some  be error cro James roll Rep roll Abr cro Elizabeth hale p c cro James palm Bac  Abr bail in murder on outlawry reverse one who be outlaw for the murder of sir  Edmund bury Godfrey now bring a writ of error in his hand to the bar pray that  it may be read and allow and it be read by Mr astry clerk of the crown the  error assign be first that it do not appear upon the return of the exigent in  the first drive out that the court be hold pro county see Wilkes case burr  barrington case term Rep Yendals case term Rep a modern second that the  outlawry be against he and two other person it be say in the last drive out  that non to be evident but do not say nec the dawn some to be evident for  these reason the outlawry be reverse and he hold up his hand at the bar and  plead notguilty to his indictment and modern er p be admit to bail and  afterward he be bring to his trial and no witness in behalf of the king appear  against he he be acquit
case anonymous January in court Lord keeper Eq can ab pl S c motion to dismiss  a bill on payment of S cost upon a motion make to dismiss a bill wherein  plaintiff have proceed to a answer only with S cost per Lord keeper that be a  rule make at least year since and he see no reason if a defendant have be put  to great charge why he shall not have his full cost and that for the future it  shall be refer to a master to tax the defendant his cost in such case order  that for the future the cost in such case shall be tax the party in his  affidavit must in such case specify the particular that the court may judge of  the reasonableness of they vide post anon p win atk
case anonymous January in court Lord keeper upon a motion for a injunction to  stay proceed on a bind upon offer make to give judgement with a release of  error but the Lord keeper answer that he do not think that so beneficial a  offer as may be look upon for that notwithstanding the release of error the  plaintiff may bring his writ of error and put the defendant to plead his  release and so delay time as long as if no release of error have be give where  the plaintiff shall by writ of error recover or be restore to any personal or  real thing a release of all action personal or real as the case may be be a  good plea   Litt b for diversity between action and writ vide   Litt b and d  Inst but it seem that a release of all suit be a bar to a writ of error for a  writ of error be a suit coal case latch but upon the plaintiff offer to be  bind by order to bring no writ of error a injunction be award
case anonymous judge of nisi prius only assistant in writ of enquiry holt  chief justice a judge of nisi prius upon trial of a writ of enquiry be only a  assistant to the sheriff and have no judicial power and if the party come to  any agreement there the way to make it effectual be to bring it to he to sign  and afterward move above to have it make a rule of court
case anonymous judgement against casual ejector per curian to have judgement  sign against a casual ejector stand all thing must be very fair on the  plaintiff side for the defendant lose his possession by a fictitious proceed  the court will not give judgement in ejectment unless a affidavit be make that  the tenant in possession be serve with a copy of the declaration by Geo c such  tenant must give notice thereof to his landlord under the penalty of three  year improve rend and the landlord may by leave of the court make himself  defendant with the tenant in possession in case be appear and in case such  tenant shall refuse or neglect to appear judgement shall be sign against the  casual ejector but if the landlord shall desire to appear by himself and  consent to enter into the like rule as the tenant in case he have appear ought  to have do the court shall permit he so to do and order a stay of execution  upon such judgement till further orders  See ante salk burr Runningtons eject  d edit p a
case anonymous judgement against husband and wife for a battery by the wife  the capias shall be against the husband only ante contra cro James more stram  Bl Com will Cromp prac see will mary c Carth Mod trespass of assault and  battery against husband and wife for a battery do by the wife the defendant be  find guilty the question be whether a quod to take in hand shall be enter  against husband and wife?And it be resolve that a quod to take in hand shall  be against the husband only and Keeling clerk of the crown and Hodsden the  secondary inform the court that so be all the precedent although the wrong be  only do by the wife a strange it will lie for a mountain in Ireland or for  alder car in Norfolk stram burr Com dig b by Geo c and Geo c no writ of error  or appeal shall be receive or adjudge or any other proceed be bad by or in any  of his majesty court in this kingdom in any action or suit at law or in equity  institute in any of his majesty court in Ireland croak car er p
case anonymous judgement by nothing to say in debt on bind against a heir  shall be general to recover the debt debt on a bind against a heir and  judgement by nothing to say finch solicitor general argue that the judgement  ought to be special and he say there be great opinion against the case of day  v Pepis in Plowden a but Pemberton chief justice incline to the contrary and  so do the bar and all the court who bid he bring his writ of error Mr girdler  say he have see several case in this court where upon prayer there be a  special execution and that he have the numberrolls of several which he have  peruse and in some case such a special execution may be very advantageous for  that then such land be Chargeable from the testae of the original whereas on a  general one they may be alien before execution b
case anonymous judgement can be sign without a rule to bring in the record by  the court and all the clerk it be irregular to sign a judgement without serve  a rule to bring in a record and a judgement be set aside for want of it
case anonymous judgement enter Feb Geo and the become facias bear testae ult  hill Geo Qure whether erroneous a motion be make to set aside a execution  erroneous issue out on report of the master it appear to be thus the judgement  enter upon a warrant of attorney be sign the fourteenth of February two day  after Hilary term in the nine year of George the first the become facias bear  testae the last day of Hilary term in the ten year of George the first it be  insist that the judgement by fiction in law be give the first day of Hilary  term and then the execution be above a year and a day after fazakerly in  answer say that if any process appear that term the judgement may be take to  be the last day and desire leave to enter up continuances but there be none  the court will not grant leave to enter up a falsity upon record then he  acquaint the court that the defendant be in the fleet and if they lose this  execution they lose their debt and move that set aside matter of irregularity  be favour in the court which they may refuse and the defendant may be put to  his action to which opinion Pratt chief justice and powys justice adhere  fortescue and Raymond justice dissent nothing can be do
case anonymous judgement for damage and cost and so much de growth c be good  without say pro misis error of a judgement in Coventry the error assign and  insist upon by Maynard be that the verdict find for damage and S d for cost  and the court award that he shall recover the damage and cost assess by the  jury and further that he shall recover S d de growth ad requisitionem the  plaintiff and he do not say pro misis nest accord to the usual course of the  precedent and it may be the growth be pro financial loss and all the court  except Berkley hold that it be well enough for it shall be intend pro misis  which be the last antecedent and that which may lawful be increase and not pro  financial loss which can be increase wherefore the judgement be affirm croak  car michaelmas term car in the king bench sir John Brampston Knt chief justice  sir William Jones Knt sir George croak Knt sir Robert Berkley Knt justice sir  John bank Knt attorney general sir Edward Littleton Knt solicitor general
case anonymous judgement give on a plaint in the county court for more than  forty shilling shall be reverse faux judgement turner sergeant take this  exception that the plaintiff in the court below have declare ad damnum twenty  pound whereas it not be a court of record and be without shorten the court can  not hold plea of any sum above forty shilling and for this cause the judgement  be reverse
case anonymous judgement in error holt chief justice if a plaintiff bring  error of judgement for the defendant it be revive the first action and then it  be proper for the court to give such a judgement as he shall have have below  but if the defendant bring writ of error it be only to be discharge
case anonymous judgement may be sign after release plead and oyer deny by all  the clerk if a release be plead and the plaintiff crave oyer of it and the  defendant will not grant it the plaintiff may sign judgement for want of a  plea
case anonymous judgement must be revive by to know facias after a year a to  know facias ought to precede the to lift up or become facias a see stram barn  Mod   light Inst Leon side keb Tidds practice a
case anonymous judgement on a information in nature of a quo warranto be only  final if against the defendant it be move for leave to file a information  against the mayor and commoncouncil of Hertford in the name of sir Samuel  Ashtree to know by what warrant they admit foreigner and stranger to the  freedom of the modern report town allege that this be no quo warranto in the  name or at the prosecution of the king but only a method to try a right  whether the mayor and commoncouncil can contrary to the express word of the  charter as it appear admit those to the freedom of the town who be stranger  and not inhabitant therein and produce four or five precedent in the time of  king Charles the first and after several motion the court give leave to file a  information because the injure freeman of the town can have no other way to  remedy themselves or to try their right in this case holt chief justice say  that a quo warranto be in the nature of a writ of right to which the defendant  can have no plea but to justify or disclaim and can plead not guilty and that  judgement both for and against the king be filial but the judgement in a  information in nature of quo warranto if against the defendant a but it be now  settle that a acknowledgement of a debt will avoid the statute yea v Fouraker  burr although such acknowledgement be not in direct term bull n p see also  vent Prec Chan Cowp dougl and Austin v baker post notorious facts a see Mr  Consts poor law vol page to modern report er p be final but not if against the  king and that in this case the right be in the corporation and the execution  only in the mayor and alderman vide side   a Inst
case anonymous judgement reverse for want of bail in error a writ of error  from the court of common plea in a action be bring here by a attorney by bill  of privilege and no pledge de to follow find and so return on a certiorari and  for that cause judgement be reverse
case anonymous judgement upon a warrant of attorney when to be enter if  judgement upon a warrant of attorney be not enter within the year it can be  without leave of court on motion
case anonymous July there be no instance of a ne exeat royal power be grant  where it be not a mere equitable demand except where a wife sue in the  spiritual court for alimony and the husband threaten to leave the kingdom and  to aid that court and out of compassion to her it be grant a motion for ne  exeat royal power upon a bill file by one who have bring a action at law on a  marriage contract and recover a verdict t last sit for considerable damage the  defendant threaten that before the plaintiff can have final judgement so as to  take out execution which be within four day in the next term he will leave the  kingdom Lord chancellor upon a former motion order precedent to be search and  it come on this day again when sergeant Kettleby counsel for the plaintiff  cite read v read Ch can where several other case be mention atkins this bill  be mere for a ne exeat royal power on which no decree can be make and if I be  to grant the motion I must discharge it upon the defendant put in bail which  the plaintiff may have have when he bring his action upon a application to a  judge at his chamber and a affidavit of special damage though general in such  action bail be not requisite a ne exeat royal power have be grant only in a  single instance where a wife sue in the spiritual court for alimony and the  husband threaten to leave the kingdom and be do out of compassion to her and  to aid that court so Amb vide Coglar v Coglar Ves junr there be no other  instance of its be grant where it be not a mere equitable demand his lordship  deny the motion so pearme v Lisle Amb Atkinson v Leonard bro Charles Rep  Parker v Appleton bro Charles Rep atkins er p
case anonymous June if the plaintiff produce the order for a subpoena to  rejoin and a affidavit of some of the party be out of the kingdom the court  will not dismiss his bill for want of prosecution though a bill have be  dismiss for want of such order and affidavit yet upon produce they afterward  and payment of cost out of purse the court will retain it on motion to retain  the bill the plaintiff must show that the order for the subpoena to rejoin be  date before the notice to dismiss Lord chancellor lie down these rule where a  motion be make to dismiss a bill for want of prosecution if it be not a affect  delay but arise mere from the circumstance of the case as for instance from  the number of defendant and some of they be abroad so that it require time to  get in all their answer there upon produce the order obtain for a subpoena to  rejoin upon the defendant and affidavit of the number and distance of the  party and of some of they be out of the kingdom the court will not grant the  motion if for want of produce the order for suggestion of counsel be not  sufficient and affidavit the bill be dismiss yet upon the plaintiff move  afterward to retain atkins er p the bill upon payment of cost out of purse to  the defendant and produce such order and affidavit the court will retain the  bill notwithstanding upon move to retain a bill upon payment of cost out of  purse the court will not grant it when on a former motion the bill be dismiss  for want of prosecution and defend by counsel unless the plaintiff can show  that the order for the subpoena to rejoin be date before the notice to dismiss  the bill
case anonymous justice can order whip without oath make holt chief justice  with indignation ask why action be not bring against justice of peace who  order people to be whip in Bridewell without oath make before they or power to  convict
case anonymous justice of peace holt chief justice say a justice that have  power to set a fine have power to bail for be be not oblige and bind to commit  he but after he be once commit in execution it be too late to move for bail
case anonymous justice of peace need not sign the return of certiorari a  certiorari to remove a indictment be no supersedeas unless recognizance be  give pursuant to the and will mary c a writ of certiorari be direct to justice  of the peace to remove a indictment of forcible entry and the return be void  per curian the justice name need not be subscribe to it but it shall be an  answer justiciar c to stand open and it shall state they to be justice of our  lady the queen but before this be discover it be file and the recognizance  into which the party have enter for lie the cause in pursuance of late Act of  parliament and will mary c and and will c see hawk p c ch S a be estreated and  the court say that if the party that remove a indictment by certiorari do not  enter into recognizance to try it the next assize or term or at the sit within  the term the certiorari be no supersedeasSee the queen v Bothel ante b second  that fail of try be a forfeiture of recognizance after which they will not  hear a motion in arrest of judgement modern er p but they doubt whether for  this want of a due return be a kind of album breve they shall order the  justice to make a return and respite the recognizance in the mean time note  per curian after certiorari return and file no procedendo can go see the queen  v Bothel ante Anonymous ante the queen v Dixon post but if the cause suggest  to obtain a certiorari shall appear to be false a procedendo shall go although  the return be file Anonymous salk but the writ must be first supersede because  improvident to flow out and the return be take off the file king v Wakefield  burr for a procedendo can be move for while it be upon the file king v Lewis  burr c
case anonymous justice of peace of the county may do what justice of the  division be appoint to do by Act of parliament holt chief justice where a Act  of parliament say justice of peace of such a division shall do so and so it be  only directory quoad the division and any of the justice of the county may do  it
case anonymous justice of peace power in forcible entry c holt chief justice  say the justice of peace in the case of forcible entry and detainer ought to  adjourn their court and give the party a opportunity to traverse modern report  the force or else the party have no remedy but by certiorari and every  inquisition be traversable by the statute of Westminster a see hawk p c c S a  but general the justice inquire into the possession only and award restitution  without try forcible detainer or entry upon a traverse note a tenant at will  can justify a forcible detainer until he have be three year in possession a  see Elizabeth c a but he ought to quit possession and apply to the justice for  a restitution upon the forcible entry
case anonymous justice of the peace can order overseer to pay a sum certain a  order of justice of peace Willing churchwarden to pay a scrivener five pound  due to he for draw of indenture for set out poor child to trade be quash as be  a thing out of their power a but the way have be to order a parish rate for  levy so much a week till a convenient sum be raise and in that case as soon as  money be raise a action will lie for the scrivener against the churchwarden
case anonymous justice on view of forcible entry may commit but not award  restitution holt chief justice upon a conviction of forcible entry the justice  ought to commit the offender if they find force they be upon the view to  remove it and commit the offender but not to award restitution without  inquisition and this they may do though the entry be peaceable if the detainer  be with force in which case they may convict the offender upon the view
case anonymous keep house be no act of bankruptcy if the party go afterward at  large Flowerdew sergeant move this case a process issue against I S to arrest  he he keep his house to save himself from arrest and afterward go out to the  market and to other place and when he hear again of a new process out against  he he keep his house and afterward go at large the question be if he be within  the statute of bankrupt a and all the court hold he be not b because he use to  go at large and it may he that his policy will not prevent the serve of the  process for he may he meet withal unwit
case anonymous keep open shop on a fastday be a indictable offence but each  offender must be separate indict several housekeeper be quaker be indict for  keep their shop open on a day ordain by proclamation for a public humiliation  and prayer and because they be several distinct crime in every distinct  offender and therefore not to be join in one indictment it be quash
case anonymous land escheat be part of the manor per holt chief justice a  tenancy escheat to the lord become part of the manor but if the lord purchase  part it be only hold of the manor and not part of it but the rend and service  be part
case anonymous Latin accuse computasset it be say invention to be instead of  to be and urge in arrest of judgement that to be be nonsense yet hold good  otherwise if it have be invention to be
case anonymous lease at will may be determine by either party holt chief  justice if one make a lease all will from year to year either party may  determine it at pleasure at the loss of the accrueing rend to he that  determine his will a but if one make a lease for a year and so from year to  year as long as both party shall please this be a lease for one year absolute  and if the lessee continue on the first day of the second year he be bind for  another year so be the lessor if he have not warn he away before the beginning  of the second year b and a lease for three year to commence in going to be by  parole be not warrant by the statute of fraud and perjury c
case anonymous legatee admit to prove asset in the hand of executor on a suit  by a creditor per holt chief justice at nisi prius I have know it rule that a  legatee shall not be a witness to prove asset in the hand of a executor in  debt by a creditor and it have be a old exception but I see not the reason of  it for he swear to lessen the asset and one creditor may be a witness to prove  asset in a action by another creditor and the legatee be swear modern report  er p
case anonymous legatee may bring bill for discovery of asset without make the  other legatee party if legatee bring bill against a executor for discovery of  asset it be no objection that he have not make the other legatee party a  trinity term the thirteenth of William the three in the king bench sir John  holt Knt chief justice sir John Turton Knt sir Littleton powys Knt sir Henry  gold Knt justice Edward Northey Esq attorneygeneral sir John hawles Knt  solicitor general
case anonymous licence amount to a lease Qure if a licence be grant to a man  to use my ground or my yard be thereby have a interest in it so that the  licence be not revocable but it amount to a lease at will a see yearbook Henry  pl bro Abr licence pl viner Abr hall v seabright Mod green v proctor burr a  modern report er p and this seem to be the opinion of the court and that he  thereby have such a possession as not to be turn out by a revocation b see web  v Paternoster Poph the queen v bartere dyer king v Lord Nottingham lane  bagshaw v Bossley term Rep b but by a ejectment
case anonymous local action to be lie where arise local action not to be lie  anywhere but where it do arise without consent of the party per curian
case anonymous Lord chancellor king on every bill of review the plaintiff must  deposit pound in order to answer cost but no need of leave of the court for  such bill of review unless it be find upon new matter and then the leave of  the court be necessary as well as the deposit of pound upon every bill of  review to reverse a decree the plaintiff must deposit pound with the register  in order to answer the cost of the suit to the peer William defendant likewise  if the bill of review be bring to reverse a decree upon new matter as upon a  deed discover by the plaintiff since the former decree in such case the  plaintiff in the bill of review must have the leave of the court for fill such  bill though there be no need of leave if the bill of review be bring to  reverse a decree upon error appear on the face thereof but in the present case  the plaintiff have deposit the pound and annex a affidavit to the bill that  the deed on which the bill of review be find do first come to the plaintiff  knowledge after the pronounce the decree the court allow the bill of review  upon the plaintiff pave the cost of the defendant motion which be to dismiss  tile bill for that it be file without the leave of the court vide Lord Bacon  ordinance Ord ld hardwicke order atk standish v Radley atk gold v Tancred atk  Norris v Le neve atk peer William er p
case anonymous Lord chancellor Parker a be beyond sea sue b at law b bring a  bill in equity against a court will order that service on the defendant  attorney at law shall be good serviced but not that such attorney shall put in  a answer without oath queen if the defendant be in a enemy country where no  commission can go to take the answer see v Romney Amb Cahill v shepherd Ves I  S who be his majesty resident at Tunis commence a suit against I n at law and  I n have bring a bill in equity against I S obtain a order to serve the  attorney at law of the defendant in equity and that such service shall be good  and now the defendant in equity move that his attorney shall answer for he and  that such answer may be take without oath forasmuch as no commission can be  send to Tunis and it be the same as if the defendant in equity live in a enemy  country cur the plaintiff be entitle to a discovery and a answer without oath  be nothing beside the English have a consul at Tunis and commission have go  there by way of Leghorn wherefore deny the motion if there have be a general  letter of attorney to one to appear in and defend suit the court will have  order such attorney to appear for the principal and that service on he shall  have be good service see hale v Sutton I dick carter v de Brune ib hide v  Forster ib brown v lee dick lee v Warner ib Anderson v Lewis ib Stephen v cini  Ves Anderson v darcy Ves smith v hibernian I company Sch l peer William de  term S HILLARII
case anonymous Lord keeper a reversion in fee expectant on a estate for life  be devise to a and b for payment of debt and legacy and a and b be make  executor the devisees be executor the money raise by sale be legal asset and  the debt must be first pay otherwise if the trustee have not be make executor  the testator seize of a reversion in fee expectant on the determination of a  estate for life devise the same to a and b to be sell for the payment of his  debt and legacy and make the say a and b his executor the question be whether  the money raise by the sale shall be deem legal asset and consequent the debt  to be thereout pay in the first place or only as equitable asset and  consequent the debt and legacy to be pay in proportion acquire step decree  that the debt shall be first pay the devise be to the same person as be name  executor the money Vernon chancery case become legal asset but if to trustee  not make executor it have be otherwise and cite the case of Hixon and Witham  Chan can in chancery report and roll Abr roll Abr g title executor land devise  to be sell by executor for payment of debt the money raise by sale be legal  asset and the case of Edward and grave in Hobart No decision on that point in  Edward v grave vide Girling v lee ante Vol gosling v Dorney ibidem anon ante  Bickham v freeman pre Ch Vernon chancery case de term S HILLARII in curian  porter
case anonymous mandamus holt chief justice if a officer make a ill return he  shall be amerce and we will not allow he to quash the ill return and make  another and if upon disallowance of one return he make a second have a  attachment shall go a see Geo c S hawk p c ch S and king v justice of will  black a the word of the Act car c be provide no representation be admit among  collateral after brother and sister child modern report er p
case anonymous mandamus return if a mandamus alias and pluries be issue a  return in strictness ought to be to the pluries because the party be in some  sort of contempt for disobey the first two writ yet if there be no damage to  the party a return to the original mandamus may be file
case anonymous mandamus will not lie to swear in a steward of a copyhold court  honeyed wine move for a mandamus to swear in a steward of a copyhold court a  holt chief justice the true reason of mandamus be when alderman capital  burgess or such other officer concern the administration of justice be keep  out to swear they into or at least restore they into their place and we ought  not to grant it to swear a register for a bishop though it be a office of a  public nature b and be say he will not care to do it for the steward of a leet  though heretofore it be use to swear a physician of the college c and it be  rare to grant it where one have any other remedy d and here it be a private  officer to do service for the lord and it be not grant a see Geo c oppenheim v  Harrison burr and Com dig attorney b a that a mandamus lie for the steward of  a court leet see side ray lev stram will but not to restore the steward of a  court baron fitzg b king v ware stram c side Carth say vide show lev contra d  see king v Barker burr king v Wheeler b r h modern report er p
case anonymous march the three seal after Hilary term a guardian before he  have pass his account bring a action against a infant for board the court  continue the injunction pray by the infant bill till the bear and say in take  that e account that e court will allow the guardian accord to the maintenance  allot for the infant to which the jury will have no regard a guardian for a  infant bring a action against he for board c before he have pass his account  in this court the defendant at law bring a bill here for a injunction to stay  the proceed at law and Mr brown show cause today why it shall not be dissolve  his lordship continue the injunction and say that in take the account the  court will allow the guardian accord to the maintenance allot for the infant  which a jury will have no regard to but in case the guardian have any age  witness the court upon application and proper affidavit will give leave to  examine de bene be
case anonymous Marshalsea court per holt chief justice if a record come here  out of the Marshalsea you can have execution large than the Marshalsea but if  by writ of error you may have execution on the affirmance of the judgement all  over England
case anonymous martial law be transitory vide gazette may by holt chief  justice the martial law be not a fix but a transitory law variable by the  general as occasion and circumstance require accord to the article of war see  the case of grant v sir Charles gold and other h Bl Rep a
case anonymous master and servant holt chief justice a lieutenant of a man of  war may give moderate correction to a seaman but not will he for that be not  moderate correction
case anonymous master have a lie on the cargo for the fraught holt chief  justice every master of a ship may detain good till he be pay for they that be  for their fraught a
case anonymous master of ship may retain for fraught ante p holt chief justice  a master of a ship may keep the good till he be pay the fraught but if he once  part with the possession of they he can retake they
case anonymous master of the roll in the absence of Lord chancellor king on  time give to answer the defendant may put in a plea for that be as a answer  and on oath but can put in a demurrer the defendant pray time to answer but  afterward put in a plea upon which the solicitor general move to discharge the  plea the defendant have in his petition for time submit to answer and a plea  though on oath be yet a dilatory answer resp a demurrer after such petition  for time to answer will be irregular see Curzon v Lord de la zouch swan but a  plea be a answer and be upon oath as well as a answer therefore it seem that a  plea which may be put in without oath as to which see Mitford wall v Stubbs v  b v Davies Ves be hot a answer and so determine in Lord Strafford case post  vol who plead after time pray to answer where pin the master of the roll rule  that this plea come in regular so Robert v Hartley bro c c de Minckuitz v  udney Ves
case anonymous matter in discharge must be special plead per curium if a to  know facias be return serve and the defendant have a Act of parliament for his  discharge and omit to come and plead it he have for ever lose the advantage of  it
case anonymous mayor holt chief justice without a particular usage the mayor  of a corporation have not a cast voice modern er p
case anonymous memini spius idem to hear a cur per holt chief justice a action  on escape be out of the rule for change a venue
case anonymous Michaelmas term James roll a writ of certiorari may be award  after in nullo be erratum plead ante roll ab more cro Elizabeth side cro car  term Rep a continuance enter upon the octave of saint Michael until the octave  of Hilary be erroneous ante error in debt upon a obligation of one thousand  mark the action be bring in Michaelmas term James and continue by imparlance  until Michaelmas term James and then judgement give by nothing to say the  error be assign because the continuance be ab octab mich James usque octab  hill James whereas octab mich James be adjourn usque month mich James the  defendant plead in nullo be erratum afterward a writ of certiorari be pray to  satisfy the writ of adjournment and it be much doubt whether it shall be award  after in nullo be erratum be plead because it extend to reverse a judgement  and not in affirmance thereof in which case only it have be usual grant croak  throw but it be resolve that it shall be award to inform the truth as well for  the reversal as in affirmance of a judgement and it be award accord a if she  be trust as a feme sole she must find special bail Wilson v Campbell mich term  Geo croak James er p and now this term the question be whether a continuance  may be enter upon octab mich usque octab hill throw and it be move that it may  not for by the writ of adjournment nothing can be do at that day but to  adjourn the term to the day appoint and no appearance can be make nor any  thing do but to read the writ of adjournment only and to adjourn all  appearance and all matter and proceed and juror unto the day appoint by the  writ of adjournment vide the yearbooks Edward pl et Edward pl
case anonymous Michaelmas term Nov the defendant be a prisoner in York gaol  and the demand so trifle it will not bear the expense of remove he by habeas  corpus to the fleet it be move to save this expense that for want of  appearance the bill may be take pro acknowledged admitted fact the court  refuse to do it in this summary way after the act for make process in court of  equity effectual against person who abscond there be a doubt whether it extend    bill of review but it be now settle that it do and therefore the plaintiff  must have recourse to the ordinary remedy Mr Wilbraham move that a bill of  revivor may be take pro acknowledged admitted fact against a defendant a  prisoner in York gaol for want of a appearance without the expense of remove  he by habeas corpus to the fleet and bring he into court as the demand against  he by the bill be so trifle that it will of bear the charge of the journey  roam York Lord chancellor say he can do nothing in this summary way but the  plaintiff must proceed in though usual method point out by the that of the  present king c the atkins er p act for make process in court of equity  effectual against person who abscond and c can be serve therewith of who  refuse to appear and though for some time after make this act there be a doubt  whether it extend to bill of revivor where defendant refuse to appear to such  bill yet it be settle now that it do and therefore you must upon this occasion  have recourse to the ordinary remedy vide Henderson v miggs bro Charles Rep  and his lordship deny the motion
case anonymous Michaelmas term though no demand or rend pay in year yet the  defendant must pay cost at law to the person recover there but none in equity  there have be no demand or any rend pay in thirty year the person who be  entitle recover it upon a verdict Lord Hardwicke say the defendant must pay  the cost at law but as the laches arise on the part of the plaintiff and the  obscurity of the title to the rend from he want of a demand for such a great  length of time he shall not be allow cost against the defendant in equity see  Clifton v orchard ante vol
case anonymous misconduct of the sheriff in return the jury a ground for a new  trial if a sheriff return a jury contrary to a rule of court or commit any  such irregularity to the prejudice of either party it may be a good cause to  set aside the modern report er p verdict c but when no material cause can be  show this court will always have too great a esteem for a verdict to grant a  new trial
case anonymous misdirection of the judge or refusal to admit good evidence be  ground for new trial per curian it be good cause of new trial where the judge  who try the cause have deny to admit that for evidence which be legal evidence  or where he misdirects the jury
case anonymous money bring into court ware move to bring so much money into  court to have it strike out of the declaration now the course be upon bring  money into court to pay cost so far if the plaintiff will take it out a but if  it be such a action in which the defendant may plead tender in bar of cost and  that the plaintiff to oust he of that benefit will reply a special capias test  of a term antecedent to the principal all this may be open and settle on  motion per curian
case anonymous money not bring into court on a quantum to deserve but in  assumpsit may which will affect the quantum to deserve holt chief justice it  will be hard to let money be bring into court upon a quantum to deserve and  thereby to put the plaintiff to carry on his suit at the peril of cost but the  way be to confess the employ and that be deserve but so much and to plead a  tender thereof for then the plaintiff may reply that he deserve more and so  come to issue but because in most declaration there be quantum meruits even in  a indebitatus there it may be bring in upon the indebitatus count and that  will affect the other and so it be do a
case anonymous money pay in discharge of a bind can be apply to the payment of  a book debt at the option of the creditor style bro   debt upon a bind the  case be the defendant do owe to the plaintiff certain money upon a bind and  certain money for ware sell as it appear by his book croak Elizabeth er p at  the day of payment upon the bind he tender the money accord to the bind the  plaintiff do accept it and say it shall he for the debt due by his book and  not for the other debt but the defendant say he pay it upon his bind and not  otherwise and the plaintiff cross his book pretend the bookdebt to he  discharge and bring debt upon the bind and it be adjudge against he for the  payment be to he in that manner that the defendant will pay it and not accord  to the word of the plaintiff how he will accept it
case anonymous money receive to the use of another per holt chief justice at  nisi prius a order b to receive money from c for he b order c to pay the money  to d to who b owe money c accord do pay it a shall maintain a action against b  as for so much money receive to his use so if in that case b have draw a bill  upon c for the money or general for so much money if c have no effect of b in  his hand his answer such bill be a payment of a s debt to b for which a may  maintain his action against he
case anonymous motion to bring money into court in a action bring upon a  policy of insurance Pengelly move for leave to bring fifteen pound into court  be as much as they think their average of the damage come to the good not be  lose but only damage and so the plaintiff to proceed upon peril of cost Powell  justice the motion can be grant though we have grant it in a modern report er  p quantum to deserve a vent salk a and also in covenant for payment of money b  will burr barn b but in covenant for repair we have deny it c b r h stram c  and so we must here d but now by Geo c S any person sue in any action of debt  covenant or any other action on any policy of assurance may bring into court  any sum or sum of money and if the plaintiff shall refuse to accept it with  cost tax in full discharge and the jury shall not assess above the sum the  plaintiff shall pay the cost burr d
case anonymous motion to have a bill take pro confiesso a defendant refuse to  answer and stand out all contempt until a order be make for a sequestration it  be pray by the plaintiff counsel that the bill may be take pro acknowledged  admitted fact the counsel on the other side object that this can not be do  because the sequestration be neither under seal nor execute and also because  the plaintiff do not produce the original itself but only a copy of it Parker  Lord chancellor the last objection be certain a good one but as for the other  there seem to I to be no reason for it for the put the seal to the  sequestration and actual execute it seem to be then only necessary when the  plaintiff be not ripe for a decree upon his own bill but want some discovery  from the defendant answer upon which the decree may be find and therefore the  actual execute of a modern report sequestration to extort a answer of which  the plaintiff have no occasion seem to I very unnecessary modern report er p
case anonymous motion to stay proceed can be make till bail be put in note one  can move to stay proceed upon a bind upon payment of principal interest and  cost till bail be put in for till then the party be not in courtby Ann c if at  any time pen a action on a bind for payment of money with a penalty the  defendant shall bring into the court where the action shall be depend all the  principal money and interest due on such bind and also all such cost as have  be expend c the say money so bring in shall be deem and take to be in full  satisfaction and discharge of the say bind and the court shall and may give  judgement to discharge every such defendant of and from the same accord a
case anonymous name of the two justice need not be specify appeal to the next  session per curian first if a order be by two justice and so say their name  need not be mention a and second the next quartersession to which the appeal  must be be the next after the party be grieve b
case anonymous new notice must be give on new bail put in Tidds practice bail  below put in as bail above can be except against exception be take to bail and  new bail be put in and new exception take to they but no notice be give  thereof and whether notice be necessary be the doubt in practice another doubt  be whether if the same bail which be take by the sheriff be put in to the  action they may be except against
case anonymous new trial per curian a new trial be never grant for want of  evidence whereof the party be apprise and which he may have have at the trial  modern er p
case anonymous new trial per curian No motion for a new trial or to set aside  writ of inquiry of damage after motion in arrest of judgement a
case anonymous new trial per curium if in case where the king revenue or right  be concern though there be evidence pro and con yet if it be against the  strength of evidence it be fit for a new trial
case anonymous nisi prius be on the distringa that the party may know the jury  per curian the reason why the nisi prius be upon the distringa be to the end  the jury may be return above that the party may know they in order to their  challenge and before the statute of Edward c it be always upon the venire  facias
case anonymous No action for malicious prosecution will lie if there be  probable cause the court hold that let a prosecution be never so malicious  carry on yet if there be probable cause or ground for it no action for  malicious prosecution will lie a action for malicious prosecution will not lie  for bring a civil action although the plaintiff have no ground for it because  it be a claim of right Savil v Robert salk say vide Wateren v freeman hob but  it will for hold to bail for a great sum than be real due dare v swain side  Skinner v gunton sand or for sue in a good cause of action in a court that  have not jurisdiction godlin v Wilcox will atwood v monger style but in such  case it must be a want of original jurisdiction Watchouse v bawd cro James but  to maintain this action it be now settle that the plaintiff must show both  malice and a want of probable cause bull n p but malice may be infer from the  want of probable cause Johnston v Sutton term Rep Reynolds v Kenedy will a
case anonymous No bail in battery Mod roll fol Inst leg lev ld raym barn note  side comb salk l Bac Abr black Rep move in battery for put a arm out of joint  that the party may be hold to special bail but deny Twisden justice follow the  course of the court
case anonymous No copy lie on a recognizance in the common plea in the common  plea upon a recognizance enter into there a become facias or elegit may go but  no capias lie but otherwise in this court a capias lie for here the bail be  body for body
case anonymous No cost for new trial grant for irregularity aliter if on the  merit per curium if a new trial be grant for irregularity there shall be no  cost pay for it but if defence be make it may help the irregularity if new  trial be upon the merit of the cause there must be cost a b ld ray a now by  Geo c no person can be remove until they be actual Chargeable a see hullock on  cost modern report er p
case anonymous No cost on judgement in plea in abatement holt chief justice  the late statute will c give the defendant cost do not extend to judgement for  he upon demurrer to a plea in abatement
case anonymous No demurrer in abatement post holt chief justice there can be  no such thing as a demurrer in abatement modern er p
case anonymous No exception to a juror on a writ of enquiry holt chief justice  you can except against a juror upon a writ of inquiry
case anonymous No indebitatus assumpsit lie for money win at play ante per  holt chief justice No indebitatus assumpsit lie for money win at play for  money stake on a wager it do but not otherwise for when the money be in the  custody of a three person there the win the wager determine who property it  shall be
case anonymous No new trial after second verdict on the same side per holt  chief justice after a second verdict on the same side it be not fit to grant a  new trial because the judge do not like the verdict but if there be any  practice use in obtain it it be otherwise see the case of Goodwin v Gibbons  burr a
case anonymous No new trial after two concur verdict holt chief justice when a  trial have be twice have on the same issue and both verdict agree it will be  unreasonable to grant a new trial
case anonymous No nuisance to a fair c Powell justice say there can not be a  nuisance to a market or franchise but to a highway c Qure
case anonymous No one can vouch the king because it be in the nature of a  action and if a fine be levy by the king it shall be by render and not by  covenant Henry pl Theolal c S   Com dig pl Com note a common recovery in a  writ of entry against I S for the manor of d in the county of Buckingham be  endeavour to be draw and suffer at the bar wherein the tenant pray aid of the  king by reason of a warranty in the king whereby be warrant that land and  grant to make recompense upon eviction and this aid prayer be to be instead of  a voucher the warranty be create by fine and recovery draw in paper wherein  the tenant vouch the king and sir Robert heath the king attorney by a warrant  as he say from the king enter into the warranty and pray that the demandant  may count and so it be draw that the demandant petit versus owner king that  land as the usual manner of the court in common recovery be and that the  attorney of the king vouch over the common vouchee but this be peruse by the  court although the attorney say he have warrant for so do yet because such a  course have not be see nor any precedent show that ever any shall count  against the king as vouchee and this b easter term James roll in c b croak car  er p course be now devise to bar a remainder expectant upon a estatetail in  the king as a fine by the king be sufficient to bar a estatetail in he and  although it be use to be levy by the king yet that be do by way of render and  not by a immediate writ of covenant therefore the court will not suffer this  recovery to pass for the king croak car shall never render in value upon  voucher but in such case they ought to sue to the king by petition to have in  value and not by way of voucher vide Henry pl pl Edward pl Edward pl
case anonymous No plea to the jurisdiction after imparlance holt chief justice  there ought to be no plea to the jurisdiction of the court after imparlance  but the practice have be only to make it a to answer ouster a special  imparlance admit the jurisdiction of the court though it have be otherwise use
case anonymous No prohibition to the admiralty for refuse copy of a libel holt  chief justice refuse to grant a prohibition to the admiralty for refuse to  give a copy of the libel because the statute Henry c extend only to the  ecclesiastical court and not to the court of admiralty a a see the statute of  Winchester Edward c Edward c Elizabeth c and Geo c hawk p c that edit page to  a the will c but see now Geo c and Mod stram a see roll Abr roll Rep Dodson v  Oliver bunb chamberlain and Plympton v newte vin Abr brown p c Donalt v  Lowther bar king b a Edward c a see also Edward c and I Com dig prohibition f  modern report er p michaelmas term the ten of William the three at the  guildhall before sir John holt Knt chief justice
case anonymous No prohibition until plea to the jurisdiction be refuse a  motion for a prohibition upon a affidavit because the cause arise out of the  jurisdiction videlicet in the isle of Ely but Powell justice deny it because  the proper way modern report be to plead it and if they refuse the plea then a  prohibition
case anonymous No survivorship between joint merchant a and b be joint  merchant have good joint between they a deliver the whole to c in trust for  his executor and die and c deliver they to the executor accord and b as  survivor bring trover against c the court hold that there be no survivorship  in merchandise a   light   Brownl a but a account give by the statute and c  have perform his trust be discharge so that the action shall be bring against  the executor b brown v hedge salk ex part drake cite atk viner Abr smith v  barrow term Rep b
case anonymous No tithe due for timher tree ante   b notam it be hold by Wray  and Clench that if one cut tree which be or may he timhertrees as oak elm c  although they he under the age of twenty year no tithe be due and so if tree  of that age he cut and new sprout grow no tithe be due though they he cut  under that age
case anonymous non tenure when plead to the tenure be in bar but when plead to  the tenancy it be in abatement ante ld ray Bac Abr cessavit per biennium a  this writ be give by the statute of Gloucester Edward c and the statute of  Westminster the second Edward c see Inst f n b a the defendant plead nontenure  he commence his plea qubd to strive for reddere non debet but conclude in  abatement modern er p modern barrel sergeant he can plead this plea for he  have imparle the court Notttenure be a plea in bar the conclusion indeed be  not good but he shall amend it barrel sergeant nontenure be a plea in  abatement the difference be betwixt nontenure that go to the tenure as when  the tenant deny that he hold of the demandant but say that he hold of some  other person which be a plea in bar and nontenure that go to the tenancy of  the land as here he plead that he be not tenant of the land and that go in  abatement only the defendant be order to amend his plea
case anonymous not repair a farm holt chief justice say if a farm be out of  repair in the life of the ancestor and afterward the heir bring a action he  shall recover damage for the whole time but the heir ought not to allege a  breach in the ancestor time because that belong to the executor
case anonymous note towards the conclusion of this term holt chief justice  declare for law that no action of trespass way et arms will lie for a tenant  all will against his landlord for the lord enter or distrain for rend c and  cite dyer Edward Inst and more a and note Finchs law livre c that no action of  trespass will lie for a lessee for year against the lessor although he  distrain without cause and see there the reason Q   Yelv wing Max note to the  former edition but see will mary sess c stram h Bl Rep a modern report easter  term the eight of queen whether in the queen bench sir John holt Knt chief  justice sir John Powell Knt sir Littleton powys Knt sir Henry gold Knt justice  sir Edward Northey Knt attorneygeneral sir Simon Harcourt Knt solicitor  general
case anonymous notice must be give before a order be quash note before we  quash a order of session we must have a affidavit of notice give to the party  concern or else we will only quash nisi on notice
case anonymous notice of a award on a Sunday be good if the party can  otherwise be serve if a award be make by rule of court and the party who  refuse to obey the award absconds so that he can be find on a weekday a  service thereof on a Sunday be sufficient to bring he into contempt whereon to  have a attachment a a see the case of Smilk widow v tailor burr determine on  the authority of this case and it seem to be full settle by this case that a  conviction of manslaughter on a indictment of murder and the prayer of clergy  thereupon may now be plead in bar of a appeal of the same death whether such  prayer be make upon the party be call to judgement or not hawk p c that edit c  b S a the motion for a new trial must be make within four day exclusive after  the entry of a rule for judgement dougl and if not make within that time the  party complain can afterward be beard on the subject of a new trial term Rep  but in criminal case where the court have see of themselves or it have appear  to they on the suggestion of counsel that substantial justice have not be do  they will interpose after the regular time and grant a new trial king v holt  term Rep and the general rule that the party shall not move for a new trial  after he have move in arrest of judgement salk burr extend only to case where  the party have knowledge of the fact at the time of move in arrest of  judgement bull n p Tidds practice a see Whitchurchs case atk but the party can  be apprehend on the attachment on a Sunday Cowp term Rep modern report er p  modern report hilary term the nine of William the three in the king bench sir  John holt Knt chief justice sir Thomas Rokeby Knt sir John Turton Knt sir  Samuel Eyre Knt justice sir Thomas Trevor Knt attorneygeneral John hawles Esq  solicitor general
case anonymous notice of trial ejectment in ejectment if the defendant have  not regular notice of trial the way be not to confess lease entry and ouster  but to oppose judgement against the casual ejector
case anonymous notice of trial holt chief justice if you have not regular  notice of trial yet if you make defence and do not depend on that you can  afterward take advantage of it
case anonymous notice of trial holt chief justice upon a old issue there ought  to be two term notice of trial
case anonymous notice per curian when exception be take to bail there ought to  be notice of it to the defendant attorney
case anonymous notice shall be of motion to make submission to award a rule of  court per curium when it be move to have submission to award make a rule of  court there ought always to be a affidavit of notice because the Act give the  court power to examine the justice of the award
case anonymous notice where a certain person be mention as if it be if I S pay  so much money c no notice be necessary but if it be as anybody shall pay which  be uncertain there must be notice
case anonymous nuisance the court never quash a indictment for a nuisance on  motion but the defendant must demurrer
case anonymous nul tiel record note if a record of this court be plead nul  tiel record without more be a complete issue
case anonymous October any one bind creditor may bring a bill against a  executor for a discovery of asset and for satisfaction as the court decree  only a account and direct the executor to pay in a course of administration  where a bind creditor bring a bill against a executor for a account of asset  and for satisfaction it be no objection for want of party to say he have not  bring other bind creditor or creditor of a superior nature before the court  for any one bind creditor may bring his bill as the court decree only a  account and direct the executor to pay in the course of administration and  then the executor before the master may set forth as he be conusant of the  state and condition of his testator what debt be prior to the plaintiff which  he be oblige to pay as have a legal preference
case anonymous on a capias the sheriff have no power to receive the money holt  chief justice a sheriff have no power to receive money from the defendant upon  a capias for his business be only to execute his writ and if in such case a  defendant pay the sheriff and be afterward become insolvent and do not pay the  plaintiff such payment shall not excuse the defendant and if a sheriff suffer  one in execution to escape the plaintiff have his election to sue the sheriff  upon a escape or else the defendant but be can have a capias against the  defendant without a to know facias
case anonymous on a conditional promise notice of performance must be give per  holt chief justice if a be bind in a bind to b to pay he twenty pound when b  put in his answer in chancery there b to bring action ought to give a notice  of his have put in his answer
case anonymous on a declaration deliver the day before the last of the term  the defendant have two day in next term to answer per curian if a declaration  be deliver the day before the last day of a term the defendant have two day in  the next term to put in a answer for he ought to have four day in term
case anonymous on a indictment on Elizabeth c for use a trade for three month  the defendant may be find guilty of use it one month indictment for use a  trade for three month from such a day to such a day not have serve seven year  c not guilty plead and the defendant find guilty for one month and acquit of  the rest it be move in arrest of judgement that it be uncertain for which of  the three month he be find guilty and therefore the defendant can not plead  this conviction in bar of another indictment for the same offence but per  curium he may plead a conviction for one month without hoc that he be guilty  in any other month and judgement be give for the king a see Elizabeth c S the  Geo c S king v hedge salk the Whitechapel case vin Abr king v Bartlett stram S  c Const king v Whitacar burr and Mr Consts edit of Bott vol page c a will mary  c modern report er p
case anonymous on a judgement in a inferior court it may be assign for error  in fact that the cause arise extra jurisdiction Lord chief justice say he  think it assignable for error in fact in a writ of error on a judgement in a  inferior court that the matter arise out of the jurisdiction a
case anonymous on a latitat against husband and wife if to take in hand corpus  be return as to the wife and non be invention as to the husband the wife shall  be discharge unless appearance be file for the husband or they be sue to  outlawry cro Elizabeth cro car hut vent salk Mod Mod Wilson ld ray stram Bac  ab Bl Rep term Rep and see rule easter term Geo and Tidds practice a latitat  be sue against I S and a S husband and wife by t d the wife S arrest but the  husband can not be take the sheriff return to take in hand corpus for the wife  and non be invention for the husband the wife herself do not appear for the  husband the question be what shall be do in this case and it be hold by the  court that nothing can be do unless there be bail put in by the husband for  the wife without the husband can be sue nor can put in bail and against the  husband unless he be first take and put in bail there can be any declaration  and therefore in this case in regard the plaintiff can declare the wife be  dismiss and it be say that he ought to sue they by process of outlawry and by  that mean he may have remedy for it will be a great mischief that a feme  covert shall intermeidle and merchandise and procure good into her hand a and  the husband absent himself or keep in his house there shall be no remedy  against they and although it be allege that the course have beer in a  information of recusancy against husband and wife that the husband appear have  be compel to find bail for himself and his wife it be answer that it be at the  discretion of the court and the reason thereof may be also because the husband  be to put in bail when she appear and the loss lie only upon he but this  reason will not serve where the wife only be arrest
case anonymous on false capture at sea the admiral have jurisdiction where  there be a false capture of good at sea the admiral have jurisdiction and if  they be bring to land the commonlaw have and the cause may be bring in either  place at the plaintiff election
case anonymous on produce the writ the return and a certificate that common  bail be not file in eight day judgement may be sign immediate by the statute  will mary c see will c S Geo c and Geo c a for grant to their majesty several  duty upon parchment paper c it be enact that sixpence shall be pay for every  piece of parchment on which any common bail shall be file and on which a  appearance shall be make upon such bail which appearance or common bail the  defendant shall cause to be enter or file in eight day after the return of the  process on pain of five pound to be pay to the plaintiff for which the court  shall immediate give judgement and the plaintiff take out execution the writ  and return be bring into court and a certificate from the proper officer that  common bail be not file within eight day c upon which a motion be make and the  court give judgement nisi c easter term the ten of William the three in the  king bench sir John holt Knt chief justice sir Thomas Rokeby Knt sir John  Turton Knt sir Samuel Eyre Knt justice sir Thomas Trevor Knt attorneygeneral  John hawles Esq solicitor general
case anonymous on relief by hearing complaint he be restore to all that be  lose note when one be relieve by hearing complaint he shall be restore to  whatever he lose by the judgement and if a man have a release from the  plaintiff which he have not a opportunity of plead and bring reasonable proof  of it the court will relieve he upon motion and award a supersedeas of the  execution and upon a hearing complaint the bail general ought to be put in in  court
case anonymous on removal of replevin into b r by certiorari the declaration  can be change replevin by plaint in a inferior court be remove hither by  certiorari and upon the removal the plaintiff change his declaration per  curian that can be for whatever be below ought to be now here and if one  remove a replevin by to think over hither and declare for less than be take  the defendant must avow for they and also for what he have not declare on and  if he have return he shall have it for all and if one repleuie part of the  good take the other shall avow for they and the rest also and have return if  his avowry go for he for all and this certiorari remove the pledge below so as  to know facias may go against they and the entry here above in this case of  removal of replevin by plaint ought not to be of a summon suit as upon a  original but as of a cause remove
case anonymous one commit by judge in his chamber must be bring up by habeas  corpus per curium one commit to marshal by the court may be bring up by rule  of court but one commit by a judge in his chamber can be bring up without a  habeas corpus to which a return may be make
case anonymous one jointtenant may distrain for the whole rend but when he  avow it must be for part in his own right and make conusance as bailiff for  the rest ante the question in this case be whether one jointtenant may not  only distrain but also avow in his own right without make any conusance also  as bailiff to the other jointtenant and the case of bowl v poor a be object  where a husband distrain for rend due to the wife in his own right only and  adjudge good but that be because the right of the rend be in the husband only  but here it be otherwise the court one jointtenant may distrain for the whole  but when he avow it must be for part in his own right and make conusance as  bailiff to his companion for the rest and when judgement be give for a return  it must be accord to the right of both note in the case of Trevilian v pine a  it be adjudge that bailiff or not be traversable in replevin
case anonymous one not to be witness where be may be interest at nisi prius  before holt chief justice this case happen a be indebt to b give he a note in  a feign name for the debt afterward modern report the wife of a burr Tidds  pract the old rule of court make mich term direct the habeas corpus to be make  returnable in court at a day certain in term unless direct to the sheriff of  London or Middlesex or unless it be to deliver over the defendant in discharge  of his bail be fall into disuse and the writ be now make returnable before the  chief justice at his chamber immediate and shall be return in due and  convenient time burr Tidds pract a see the statute Geo c S which prescribe the  method by which the sheriff be now to nominate summon and return a common jury  and Tidds practice for the manner of nominate a special jury and Geo c S for  strike a jury on a trial at bar a at nisi prius before holt chief justice b  ware v Evans salk Hugh v smith will Fenn v Harrison term Rep term Rep modern  report er p b run away with another man and take the note with her a pay the  money to b the person with who the wife run away sue a for the money in the  feign name at the trial b offer to make oath of all this but be reject by holt  chief justice for it be to prove a right in himself to the money receive from  a for which otherwise he be Accountable to a
case anonymous order of justice confirm on appeal be final to the appellant  per curium if a order of justice for the removal of a poor person be confirm  on appeal the appellant be ever conclude from discharge themselves of that  poor person as to all place for if another parish than that from whence he be  send to they by the two justice be the last place of his legal settlement they  may send he thither by a order of two justice to be make for that purpose or  upon appeal another place be the place of his last legal settlement may be  give in evidence at the session upon the appeal a and note one can be remove  to a extraparochial place b
case anonymous order of removal per curian it be a good cause in a order of  removal to say that the party be likely to become Chargeable to the parish the  pauper be likely to become Chargeable must be in the adjudication of the order  and not in the recital only except so aver by the justice the queen v the  inhabitant of Rockville Trin Ann Sett Rem Bott p l it must be direct so aver  therefore be likely to become Chargeable as we be credible inform be ill Reg v  great and little Waltham easter Sett Rem Bott so whereas I S be likely to  become Chargeable not say to what parish be ill the queen v the inhabitant of  Bradford Trin Sett Rem whereas I S intrude into royden and be last legal  settle at Hoxden be ill it not be say he be likely to become Chargeable hill  note to the former edition a or that he do not rend a tenement of ten pound  ayear as to the point of rend ten pound per and see Rudwick and Cheddingford  mich king v the parish of Farnham in the same term king v the parish of  sedgemore easter t king v saint saviour Southwark mich king v north Dibley  Sett Rem Bott p l king v saint mary Guilford and Cranley hill stram king v  saint John Ampwell Trin mic stram note to former edition b modern er p
case anonymous order remove by certiorari on which appeal lie holt chief  justice if a order on which appeal lie be remove by certiorari before appeal  it ought not to be file until the court be inform of the matter and then they  will grant a procedendo notwithstanding the certiorari
case anonymous original holt chief justice the custos narrow places upon a  certiorari direct c have no power to certify any original but such as be of  that term of which the placita be
case anonymous outlawry how plead in bar and in abatement holt chief justice  when you plead outlawry in abatement when you put your plea in the office you  must show a capias or some such matter as may make the outlawry appear and not  conclude only prout to stand open per record as you do when you plead it in  bar and have time to bring in the record a hob more a see Terremoulin v Sandys  post comb Carth and pool v gardener Carth post modern report er p modern  report trinity term the nine of William the three in the exchequer Chamber sir  Edward ware Knt chief baron John blencowe Esq Henry hatsell Esq Robert Tracy  Esq baron sir Thomas Trevor Knt attorneygeneral John hawles Esq solicitor  general
case anonymous overseer of the poor holt chief justice if a overseer of the  poor contract with tradesman upon b see S c Mod modern report er p account of  the poor and upon his own credit as soon as he receive so much of the poor  money it become his own debt
case anonymous overseer per curium if overseer of the poor be convene before  two justice to make their account do refuse the remedy be to appeal to the  quarter session a a see king v bow term Rep and hawk p c that edit ch S page a  see Elizabeth c S the Geo c S and king v hedge salk king v Bartlett stram king  v Whitear burr king v justice of Berkshire Consts p l king v Micklefield  Consts p l respect the appeal against overseer account and king v peak keb  king v churchwarden of Northampton Carth king v Carrock show Anonymous salk  king v justice of Middlesex will and Mr Consts p l respect the makingup  delivery and allowance of such account modern report er p
case anonymous oyer must be crave of a original holt chief justice one can  take advantage of a original though never so vicious in recital without crave  oyer of it
case anonymous Panel hawk p c ch and see Edward c and will c hawk and state  trial to the law allow the defendant a copy of the panel to provide himself  for his challenge
case anonymous pauper dispaupered it be a singular favour to admit a defendant  a pauper a see the statute Henry c king v wright stram king v Morgan stram  Langley v Blackerly andr blood v lee will king v Charles burr Gibson v Macarty  case t h Wilkinson v Beltshire brown c c a but if such defendant will plead a  dilatory plea the court will dispauper he b Anonymous salk winter v slow stram  tailor v law stram Solomon v aynel fort b modern report er p
case anonymous payment shall be take on that which be most penal if one owe  forty pound by bind for the payment of twenty at such a day and twenty pound  by contract to the same person Payable at the same day and at the day be pay  twenty pound without tell for which it be it shall be a payment in equity upon  the bind because that be most penal upon he
case anonymous pension may be sue for in the spiritual court post holt chief  justice if a pension be by prescription out of a rectory impropriate though  the rectory come into lie hand yet it may be sue in the spiritual court  because it may have commence by a spiritual Act a and if such a prescription  be deny it shall be try there but if a modus kill be plead it shall be try at  commonlaw and if it be not find a consultation shall go
case anonymous per curian a jointtenant without any authority from his  companion may distrain for the whole rend but he must particular avow in his  own right and as bailiff of the other
case anonymous per curian if a judge at a trial erroneous overrule a matter  offer in evidence the regular way be to tender a bill of exception yet if upon  such a matter the party will suffer the trial to go against he it be good  cause of a new trial modern er p
case anonymous per curian if there be demurrer to part and plea to issue to  part and judgement upon the demurrer before the issue try the plaintiff if he  please may enter a non pro upon the issue and take a writ of enquiry of damage  upon the judgement on demurrer but it be not to be take out till after non pro  enter on the other for if they will proceed upon the issue the jury that try  it ought to inquire of the damage on the other and here because a writ of  enquiry be take out without enter of non pro that matter be move in bar of  final judgement and thereupon it be stay till they move of the other side
case anonymous per curium it have be hold once that if the plaintiff have be  nonprossed in a former action that if be begin again he shall have but common  bail but this have not be abide by but a non pro in a former suit be evidence  of a vexatious prosecution
case anonymous person of ill fame not bailable holt chief justice a person of  ill fame be not bailable by the statute of Westminster the second
case anonymous physician not to practice in London or seven mile round without  licence of the college any where else must be a graduate or have licence ante  state a session to be prorogue instead of adjourn be fatal holt chief justice  since the statute of Henry c of confirmation of the charter of the college of  physician none can practice physic in London or within seven mile round it  without a licence from the college and the exception therein do not qualify  the prohibitory clause in it but only order that in all part of England a  practiser of physic must either have a licence from the college or be a  graduate in either of the university and that be say be the scope of the  statute in few word a and per ill if a action be bring upon Act of parliament  and it be set forth to have be hold by prorogation when it be by adjournment  it will be fatal and before the time of h act of parliament be by way of  petition and answer a at nisi prius before holt chief justice b in what case a  action will lie to recover back money receive upon a illegal consideration see  Jaques v Golightly black Jaques v withy h Bl Rep Munt v Stokes term Rep and to  recover money where the consideration arise from a illegal act Allen v rescous  lev web v bishop bull n p Featherstone v Hutchinson cro Elizabeth a see upon  this subject dr Bonhams case   dr tenant case Bulst Anonymous palm dr bush  case Mod dr salmon case Mod dr Groenvelts case I salk ld ray comy Rep rise  case Mod dr Askews case burr Rep to dr Fothergill S case burr dr stanger case  easter term Geo and a work publish by dr Ferris entitle a general view of the  establishment of physic as a science in England by the corporation of the  college of physician London c c sell by Johnson modern report er p
case anonymous plaintiff not to confess satisfaction unless the defendant  release error though the plaintiff after judgement do own satisfaction by  parole yet we never do compel he to do it by deed if modern report the  defendant do not release error for if the judgement be afterward reverse the  plaintiff will be conclude
case anonymous plaintiff order attorney to appear for principal and bail the  plaintiff proceed against the principal and bail and the principal order a  attorney to appear for they both and though the bail complain against this yet  the court will not relieve he but bid he proceed against the principal  especial the attorney be able to answer damage
case anonymous playhouse prosecute a information be file against the playhouse  for act profane and lewd play and they be bind by recognizance to try it make  up the record wrong videlicet lincolsfields for lincolnsinnfields think to be  acquit upon that variance but holt chief justice order it to be find special  Mr attorney move to have their recognizance estreated
case anonymous plea in abatement must be within four day plea in abatement  must be within four full day in term for if a declaration be give four day  before the end of a term the defendant can plead in abatement the next term a  see the rule make in Trinity term Geo and Tidds pract to long v miller will  Jennings v web term Rep smith v miller term Rep doughty v Lascelles term Rep  harbour v Perigal term Rep a nor will a plea in abatement be allow ordinary  after a general imparlance b Bac Abr pale yellow c p Bl Rep will but after a  special imparlance the defendant may plead in abatement Lutw Bl Rep will Mod  Mod burr b modern report er p
case anonymous plea not pay for be a nullity ante Sellons pract but now no  judgement shall be sign for nonpayment of issue money but it shall remain to  be tax as part of the cost in the cause rule c b hill Geo h Bl Rep same rule b  r hill Geo term Rep holt chief justice when the defendant attorney bring a  plea to the plaintiff attorney and do not pay the other may proceed as if no  plea be tender
case anonymous plead cro car vent latch dyer in marge roll cartl stram Com dig  Jennings v ware term Rep term Rep Twisden justice plea in abatement come too  late after imparlance
case anonymous plead if declaration be deliver before the morrow of all soul  the plea must be put in before essoinday of next term
case anonymous plead in outlawry on the James c S holt chief justice on the  reversal of a outlawry in a information for send child beyond sea to be breed  papist the defendant must plead instanter et such per astry
case anonymous plead per sir Samuel ash tree to loosen ad diem be no general  issue but because it be a ordinary plea the clerk do not make up a paperbook  of it
case anonymous post vern S c entitle keate v Allen Eq Abr S c Chan Rep vern  vern salk wms vezey vezey atk atk a uncle give his niece by will pound the  niece marry but antecedent to the marriage the father take a bind from the  then intend husband to pay he pound in case the daughter shall happen to die  without issue male in the lifetime of her husband the daughter do die without  issue male live her husband whereupon the father sue the husband at law upon  this bind and the husband bring his bill here to be relieve against this bind  and bad a decree accord for it appear that no money be pay nor consideration  for enter into it the court take it to be in nature of a marriage brokage bind  and therefore order it to be deliver up
case anonymous postea must be bring in a fine be set on several defendant  whereas the postea be not return whereupon the next day upon motion the rule  for set the fine be discharge a Yelv cro James see also Beverly v Pim Mod  Benjamin v Howell will viner and Bac Abr modern report er p
case anonymous postea not to be alter after it be file the court will not  grant a rule to alter or amend a postea a in what case the postea may or may  not be amend see Tidds practice dougl term Rep a after it be return and file  Qure if not frequent do if in the same term it be file
case anonymous postea pasch will paramour v Johnson if a become facias be take  out and renew within a year and so within every year you may enter your mean  continuances
case anonymous postea Trin will Philips v crab per curium the second to know  facias shall not be take out before the first be returnable c thanet v foster  Jones bull n p Pilton v Walter stram d see may v may stram pale yellow eved d  edit bull n p modern report er p the seven of William the three in the king  bench sir John holt Knt chief justice sir William Gregory Knt sir Thomas  Rokeby Knt sir Samuel Eyre Knt justice sir Thomas Trevor Knt attorney general  John hawles Esq solicitor general
case anonymous practice after rule enter judgement shall be sign on the eight  day after inclusive in Hilary and Trinity term
case anonymous practice No declaration shall be enter after the second term  though a nolle attendance be not enter which may be enter in the vacation  after the second term as of the second term because non to be evident infra  boundary
case anonymous practice on a attachment of privilege ante stram Mod Mod barn  note see Tidds practice Cromp pract it be say to be the course of the court  that if a attorney be sue time enough to give he two rule to plead within the  term judgement may be give otherwise not
case anonymous practice upon report of the master common bail shall have be  file but be not the plaintiff have not declare within two term and non pro be  enter modern report fazakerly the non pro shall have be set aside for they  shall not take advantage they not be in court by bail if special bail have be  require and declaration be deliver before bail file it will have destroy the  right to special bail must then the plaintiff lose the advantage of special  bail or be liable to non pro if by delay bail shall not be file wear if common  bail be not file until after the declaration the court will oblige the  attorney to file bail and if the plaintiff deliver a declaration and for want  of plea take judgement by default the judgement shall not be set aside for  want of bail if the attorney for the defendant have undertake to file bail per  curian for these reason the non pro be regular
case anonymous preach holt chief justice if a person preach in a parishchurch  without leave of the parson he be a trespasser a
case anonymous principal interest and cost per curian till bail put in one be  not in court to move to bring in principal interest and cost see whether c a
case anonymous principal may be surrender without notice before recognizance  forfeit holt chief justice if one surrender in discharge of bail before  recognizance forfeit he need not give notice to the plaintiff but two may be  plead to the to know facias modern report er p against the bail but where a  capias be go and a non be invention return whereby he forfeit his recognizance  if he will ask a favour of the court he ought to give notice a
case anonymous private custom here cognisable c this court will upon a writ of  error take judicial notice of all private custom in private place for they  below be as much bind to proceed upon their custom as the judge here be upon  the commonlaw a but see Waples v Basset Mod Com dig pleader c king a
case anonymous privilege from arrest when a person complain to this court of a  misdemeanour and it be adjudge that his complaint be vexatious this court will  not allow the privilege of protect he return
case anonymous privilege if a officer plead his privilege by writ you can deny  his be a officer
case anonymous privilege plead a attorney of the common plead plead to the  jurisdiction of the court per curian he shall not be swear to his plea nor  need the writ of privilege be set out at large and if matter of fact be plead  in abatement see Camerford v price dougl notorious facts a and find against  the defendant judgement final shall be give
case anonymous proceed at former trial must be prove before evidence of what  do there postea p nun can be admit to give evidence of what be do at the  former trial without the proceed thereat be prove a Mod keb a see Mouldsdale v  birchall Bl Rep and the case there cite b see king v channel keb king v banner  stram holy Trinity v Shoreditch stram king v east Bridgford burr Baxter v  Benfield Const and the statute Geo c S a ante godb Bulst lev cro James salk  Com dig church g b but see the case of stock v booth term Rep Roger v brook  term Rep notorious facts Griffith v matthews term Rep modern report er p
case anonymous proceed on bailbond set aside because no to take in hand corpus  return per curian the ancient rule be that a bailbond can not be put in suit  until a rule be obtain to amerce the sheriff for not have the body forthcoming  and now proceed upon the bailbond be set aside because there be no to take in  hand corpus return see side Mod but this practice of give a rule for the  sheriff to bring in the body before the plaintiff can take a assignment of the  bailbond be now alter by the statute whether c S which enact that the sheriff  at the request and cost of the plaintiff shall assign to the plaintiff the  bailbond or other security take from the bail by endorse the same and attest  it under his hand and seal in the presence of two or more witness which may be  do without stamp provide the assignment so endorse be daily stamp before any  action bring thereon and if say bailbond or assignment or other security take  for bail be forfeit the plaintiff may bring a action thereupon in his own name  and the court may by rule give such relief to the plaintiff and defendant in  the original action and to the bail upon such bind as be agreeable to justice  and reason and such rule shall have the nature and effect of a defeasance to  such bailbond c see barn stram black Rep Tidds practice a
case anonymous proceed shall be stay on a cause be refer ante barn Mod Mod but  by ld ray no reference whatsoever shall stay proceed unless it be so express  in the rule of reference see also Crompton impey and the statute will c  Twisden justice I have know this rule if you say you will refer the cause to  such a man that ex consequent the cause must stay because that man be make  judge and that the stay of the cause be imply in the reference modern er p
case anonymous procure a wrong venue for the trial of a indictment be a  forfeiture of the recognizance if a person enter into a recognizance to go to  trial of a indictment and by his own act procure a wrong venire facias so as  the indictment be quash holt chief justice say this be a forfeiture of his  recognizance it be a trifle with the court and a ill practice in put the  prosecutor to a great charge
case anonymous profert hic c agree that where a administrator bring a to know  facias on a judgement recover by himself he need not come with a profert hic  in cur litter c but where he bring it on a judgement recover by his testator  he must
case anonymous prohibition holt chief justice in a prohibition either of the  party contend below may be plaintiff
case anonymous prohibition lie after sentence if want of jurisdiction appear  after sentence in a spiritual court they will not grant a prohibition except  it appear upon the face of the proceed to be matter out of their jurisdiction  quaere see Inst burr Cowp term Rep term Rep a
case anonymous prohibition lie on a libel collusively bring in the spiritual  court to dissolvec a marriage on the ground of incest with a view to  bastardize the issue Mr sander move for a prohibition to the spiritual court  in the case of the child of one collet and mark his wife to stay proceed there  upon a libel against they that the say collet have marry whether the sister of  the say mary they both appear and confess the matter upon which a sentence of  divorce be to pass whereas in truth collet be never marry to whether but it be  a contrivance between he and his wife to get themselves divorce and the  marriage declare void ab beginning to defeat their child of a estate settle  upon they in marriage with remainder over by bastardize they after they have  be marry and live together sixteen year the reason why a prohibition be pray  be because marriage or no marriage be to be try in pais for that the  inheritance and freehold of land be concern in this case modern the court  direct that they shall suggest this matter and that it be a contrivance to  obtain a sentence of divorce to defeat they of their estate entail on they and  then to move for a prohibition
case anonymous prohibition on libel for mend a organ sir b shower Knt move for  a prohibition for libel in the spiritual court for a parish rate for mend and  cleanse the parish organ and it be grant a
case anonymous prohibition tithe of wood upon a motion for a prohibition to a  suit in spiritual court for tithewood holt chief justice one may prescribe in  a non decimand of wood or it be a good plea that it be for bough lop germ c of  timbertrees of twenty year stand and if that plea be deny below it be good  cause of prohibition but if they receive and traverse it they may try it here
case anonymous prohibition to a pretend court ante the court may grant a  prohibition to a court pretend and also where it be doubtful whether it will  lie or not a bull n p a this case be in the court of common plea a see stram  will Cowp burr burr term Rep and Mr sergeant Runningtons treatise on ejectment  modern report er p
case anonymous prohibition to suit for a salary of a parish clerk prohibition  be grant to stay a suit in the spiritual court for a salary of parishclerk a
case anonymous prohibition to the spiritual court quoad answer on oath in a  suit for adultery motion for a prohibition to the ecclesiastical court in case  of adultery because they oblige the party to answer on oath and prohibition be  grant quoad that that he shall not answer on oath but proceed as to the rest  then it be move that there be a temporary penalty for provide for bastard  child but curian we will not grant it because the ecclesiastical court proceed  only to the punishment of the crime of adultery
case anonymous quash writ of inquiry holt chief justice a writ of inquiry can  be quash until it be return and file but before the return it may be supersede  because improvident to flow out modern er p
case anonymous queen if a sequestrator of a rectory in London be within Henry  c can Eq Inst cro Elizabeth more Noy hob light Rep hard bunb Com dig  prohibition be pray for that one I S who be a curate and sequestrator of the  rectory of d in London by reason that Mr walker for contumacy and other cause  be suspend from exercise his function there sue four of the parishioner in the  spiritual court for tithe of their house and not before the mayor accord to  the decree and the statute of Henry c S for they ought clear to sue before the  mayor of London and not in the ecclesiastical court and therefore diverse  prohibition have be grant but whether in this case it be grantable the say I S  be neither parson nor vicar be the doubt and it be move at the bar that for  house tithe ought not to be pay unless there be a special custom as in dr  grant case a be clear resolve and the statute be introductive of a new law and  thereby be appoint how it shall be rule and before what judge and what remedy  shall be for the party grieve unless their order be obey and then be may riot  sue in another place nor before other judge than the say statute appoint and  if prohibition shall not be admit for sue it shall be a defraud of the statute  and will make it of none effect wherefore the court doubt and will further  advice and give day to hear counsel on both side
case anonymous queen in trespass and no property lie in the plaintiff as to  part of the good take whether he can have judgement on a general demurrer for  the part that be well lie trespass for take of several good and as to some the  plaintiff lie no property in himself and in other he do and the demurrer be  general to the declaration it be say that in such case upon prayer of the  plaintiff judgement may be give for that which be well lie so in trover so in  case upon two promise and this have a but see the case of king v perrott burr  and cook Ban law edit a see west v skip vezey brown v Hodges salk fox v  Hanbury Cowp smith v de Silva Cowp holiday v Camsel and white term Rep shower  KB er p be frequent do before a writ of inquiry otherwise afterward for then  if entire damage be give it can be so a per Mr attorney general and Mr  sergeant Maynard and Mr Aston and Mr uvoodward the clerk yet quaere for the  court doubt it memorandum conspiracy this term Le mark and his mother and one  Loveland be try and convict of a conspiracy to charge the duke of Buckingham  with buggery shower KB trinity term the thirtyfirst of Charles the second in  the exchequer Chamber king bench sir William Scroggs Knt chief justice sir  Thomas Jones Knt sir William dolben Knt sir Thomas Raymond Knt justice common  plead sir Francis north Knt chief justice sir William else Knt sir job  Charlton Knt sir Hugh Wyndham Knt justice exchequer William Montague Esq chief  baron sir Edward Atkins Knt William Gregory Esq sir Richard Weston Knt baron  sir Creswell levinz Knt attorney general sir Francis winnington Knt solicitor  general
case anonymous Qure if a writ of error in parliament be a supersedeas to the  execution when a term intervene between the testae and the return by  prorogation I vent side lev Leon bunb Mod Mod Peer wms term Rep term Rep notam  a writ of error be bring upon a judgement give in this court returnable in  parliament which be prorogue from the that day of April to the d day of  November follow sir George Treby move that it may be discharge for it can not  be a supersedeas to this execution because there be a whole term which  intervene between the testae and the return of the writ of error videlicet  Trinity term modern er p on the other side it be say that the proclamation be  no record it only show the present intention of the king which he may recall  at any time but the court make no rule trinity term the three of James the  second in the king bench sir Robert wright Knt chief justice sir Richard  Holloway Knt sir Thomas Powel Knt sir Richard Allibon Knt justice sir Robert  sawyer Knt attorneygeneral sir Thomas powis Knt solicitor general
case anonymous Qure if b r can give judgement where the inferior court can not  Raymond object that this court can not reverse a judgement give in another  court unless they can give the same judgement the other court shall have give  which in this case can be because the plaintiff in the original action be dead  and the court can give judgement for a dead man he as executor may have a  action for good carry away in vita testator but that be by the statute Edward  the three holt chief justice if this court can give the same judgement as the  court modern report er p below shall have give it be because the suit b that  the death of the plaintiff there be abate but this court will reverse the  judgement which otherwise will be a perpetual bar and by the reversal the  executor be restore to his action
case anonymous Qure if judgement in formedon shall he give against a infant by  default post cro James error upon a judgement give in a formedon the error  assign be that the action be bring against three whereof one be within age and  judgement be give by default whereas judgement be not to he give against a  infant by default and upon this it be demurrer in law the infant be bring into  court to he see and he be of the age of seven year the court doubt after  argument by Andrews and will advice vide dyer croak Elizabeth Hillary term  Elizabeth in the queen bench sir Christopher Wray Knt chief justice sir Thomas  gawdy Knt John Clench Esq Rohert schute Esq justice sir John Popham Knt  attorneygeneral sir Thomas Egerton Knt solicitor general
case anonymous Qure whether a millener be a trade within the restraint of  Elizabeth c Mr eyres move to quash a indictment against a woman for use the  trade of a millener not have modern report serve a apprenticeship but the  court refuse to quash it holt chief justice say it ought to be try whether it  be within the statute Elizabeth c or not for it do not appear to the court but  that it may be a trade at the time of make the statute and all trade be not  enumerate in the statute but yet they may be within the meaning
case anonymous ransom of ship be a species of savage and the owner be bind by  the contract of the master redemption of ship c be a species of savage for if  a pirate take a ship and the master redeem the good the owner shall make he  satisfaction for a master of a ship represent the owner and may detain good  for savage but if be once part with they out of his possession he can  afterward take they by a admiralty jurisdiction or process for if the good be  on land and the admiralty arrest the good a prohibition will go if there be a  libel but if there be no libel replevin or trespass be more proper a the  captain of a capture vessel who ransom her at sea and become a hostage may  libel in the admiralty court against the ship and cargo for payment of the  ransom trantor v Watson Mod S c salk S c ld ray Molloy de jure mark so also a  promise make by a captain of a ship on behalf of his owner when the ship be  take to pay monthly wage to one of the sailor in order to induce he to become  a hostage be bind on the owner although they abandon the ship and cargo Yates  v hall land Rep but now by Geo c no person shall ransom or enter into any  contract or agreement for ransom any ship or vessel or any merchandise or good  on board the same which shall be capture by the enemy and all contract and  agreement enter into and all bill note and other security give for such  purpose be void and the offender liable to a penalty of five hundred pound a  modern report er p
case anonymous read affidavit by the course of the court after affidavit be  file on both side and a day give for the hear of counsel there shall be no new  one read but such as be affirm the old one which ought to contain no new  matter
case anonymous recognizance for the peace to continue a year holt chief  justice by the course of the court one bind to keep the peace ought to  continue upon his recognizance for a year a
case anonymous recognizance of the peace against the father sir Richard  Newdigate be bind by his recognizance for a twelvemonth to keep the peace  against his daughter and for his appearance the first day of next term and the  court say they can not dispense with his attendance as they can if it be de  die in diem but here he be bind by the condition of his recognizance trinity  term the first of queen whether in the queen bench sir John holt Knt chief  justice sir John Powell Knt sir Littleton powys Knt sir Henry gold Knt justice  Edward Northey Esq attorneygeneral Simon Harcourt Esq solicitor general
case anonymous record must be produce ante one can give evidence of anything  do at a former trial without produce the record of the former trial a a roll  Abr     light bull n p foster v coal stram Biggs v wharton palm Whitmore v  rook sayer Hewson v brown burr modern report er p
case anonymous refer to morrison v Thompson l r Q b apprentice master entitle  to what apprentice yearn trover will not lie against executor of a apprentice  for a ticket issue after his death holt chief justice trover lie for the  master for a ticket or other write entitle bis apprentice to money earn by he  during the apprenticeship a but here the trover be against the executor of the  apprentice for a ticket give out after the death of the apprentice for money  earn by he during the apprenticeship and because it never be in the apprentice  possession the action be not maintainable but after the executor receive the  money the master may have assumpsit for so much money receive to his use a see  roll Abr cro car Com dig action for defamation d a see cut case ante b see  king v Hostman of Newcastle stram and the case there cite a see barber v  Dennis salk hill v Allen vezey burn justice that edit modern report er p  modern report michaelmas term the twelve of William the three in the king  bench sir John holt Knt chief justice sir John Turton Knt sir Littleton powys  Knt sir Henry gold Knt justice Edward Northey Esq attorneygeneral sir John  hawles Knt solicitor general
case anonymous refer to r v London county Council Q b a statute concern  revenue be public holt chief justice a Act of parliament concern the revenue  of the king be a public law but it may be private in respect to some clause in  it relate to a private person
case anonymous reference to a master holt chief justice upon a reference to  the master if upon service of a rule to attend he one of the party will not  attend the course be to move the court that the master may examine ex part and  so make a report
case anonymous release of error if judgement be irregular obtain a release of  error set it right to all purpose
case anonymous remainder in tail of a rentcharge may be bar by recovery holt  chief justice it be resolve on solemn argument in the case of smith v a lev  keb keb modern report er p Barnaby that if one by will devise a rentcharge to  a in tail the remainder to b in tail and a suffer a common recovery to the use  of I S and his heir and die without issue the remainder be bar
case anonymous render of principal in discharge of bail be not a execution  till To bring together enter holt chief justice a render of principal in  discharge of his bail be not a execution till To bring together enter for till  then the plaintiff have his election whether he will have he in execution or  not but if the To give back see be in presence of plaintiff and then be be  commit it shall be adjudge a execution and a delivery to the tipstaff be a  commitment to the marshal for the marshal be suppose present in court and note  in this action there must be a copy of the judgement and of the commitment  give in evidence
case anonymous replevin be the remedy for a second distress if one distrain  again for the same rend the remedy be recaption and if the sheriff refuse a  replevin a action lie against he modern er p
case anonymous report under the name of Harris v lee wms and Eq Abr c Mod Lord  Raymond burrow though tradesman who trust a marry woman with necessary  suitable to the degree and quality of the husband shall recover of the husband  yet if any person lend her money which be actual lie out in necessary they can  sue the husband but equity will suffer such person to stand in the place of  those of who such necessary be buy it be agree in this case that tradesman who  trust a marry woman for necessary shall recover against the husband so far as  the good take up appear to be necessary accord to the degree and quality of  the husband but if a man lend such marry woman money wherewith to buy  necessary and she precedent in chancery accord lie out the money that the  person who lend the money have no remedy to recover it against the husband and  this be agree to be a settle distinction in Scott and Manbys case and other  case and therefore the plaintiff who in this case have supply the woman with  money in her necessity and now bring his bill against the executor of the  husband for a discovery of asset and a satisfaction thereout of his debt can  have no relief on that head though the utmost unkind and cruel usage of the  husband be prove and that the money lend be actual lie out and apply for  necessary but yet the master of the roll say the plaintiff shall stand in the  place of those tradesman who have supply the wife with necessary and be let  into a satisfaction for so much as he can prove to have be advance or deliver  d to her by they as necessary as they themselves shall have be if they have be  plaintiff but for nothing more precedent in chancery er p
case anonymous restoration of possession in forcible entry shall he prefer to  a intermediate possession recover in the lord court Savil h p c Noy Yelv cro  James I S be indict for enter upon a copyholder with force against the Henry c  the force be remove and he be restore to the possession by the justice of the  peace and afterward this indictment be remove into the queen bench by  certiorari the party traverse it and it be find for he but in the mean time a  stranger recover the land by a claim in nature of a writ of law close in the  court of the lord of the manor and be put in possession the question be if the  party croak Elizabeth er p for who the traverse of the indictment be find  shall he restore to his possession against he that have recover in the lord  court and it be adjudge that he shall he restore for otherwise he shall not  have the effect of his suit and this court shall take no regard of the  recovery in the lord court de puisne temps of which they have no matter of  record before they
case anonymous return holt chief justice we never make a rule upon a sheriff  to make a particular return a see Lewis v Farrel stram Parker v Langley Mod b  Jones v gwyne salk Mod pale yellow chamber v Robinson stram wicks v Fentum  term Rep modern report er p
case anonymous return of habeas corpus to remain in court by holt chief  justice let it be a rule for the future that when one be bring up by habeas  corpus the return remain in court and a copy of it only give to the marshal  and so of a To bring together
case anonymous riot may be by assert a right with force per curian if one go  to assert his right with force and violence he may be guilty of a riot
case anonymous rule for sign judgement if the plaintiff give rule for sign  judgement and rule be out and no judgement sign before the essoinday of next  term the plaintiff must give new rule a but see stock v booth term Rep Roger v  brook term Rep notorious facts Griffith v matthews term Rep modern report er p  modern report trinity term the five of William and mary in the king and queen  bench sir John holt Knt chief justice sir William dolben Knt sir William  Gregory Knt sir Giles Eyre Knt justice sir George Treby Knt attorneygeneral  sir John summer Knt solicitor general
case anonymous rule holt chief justice make this rule be observe for the  future that if a man surrender himself on a judgement give against he and he  be not charge within two term after the judgement he shall be discharge on  common bail but at the same time be must bring a certificate from the clerk of  the error that there be no writ of error pen because otherwise be may by writ  of error close up the hand of the plaintiff and so take advantage of his own  wrong
case anonymous rule upon a declaration deliver in Hilary term note if a  declaration be deliver of Hilary term and rule of plead give if the defendant  do not plead before the essoinday of easter term the plaintiff may sign  judgement for want of a plea but if the plaintiff in that case have not give  rule in Hilary term he must give they in easter term before he can sign  judgement
case anonymous S c vent ld ray stram comens ld ray Mod Mod Mod Mod pale yellow  Eq Rep fitzg see also car c S dougl term Rep Twisden justice if a mariner or  ship carpenter run away he lose his wage due which hale chief justice grant  modern er p
case anonymous S p post dougl stram term Rep after a trial at bar no new trial  ever grant pure because the jury go against evidence except at the end of the  last reign which be irregular a modern report trinity term the eight of  William the three in the king bench sir John holt Knt chief justice sir Thomas  Rokeby Knt sir John Turton Knt sir Samuel Eyre Knt justice sir Thomas Trevor  Knt attorneygeneral John hawles Esq solicitor general
case anonymous Sabbati April submission to a award so as the arbitrator make  their award at or upon the that of march then next and if the arbitrator make  no award then if the umpire make his umpirage on the same day umpire can make  his umpirage on march the arbitrator have all that day to make their award the  submission to a award be that the arbitrator shall at or upon the that day of  march then next make their award and in default of their make their award that  the umpire shall at or upon the say that day of march make his umpirage the  arbitrator disagree the umpire make his award on the say day Vernon chancery  case per cur this award be void in law for the arbitrator have all the that  day allow they to make their award so that there be no time for the umpire to  make a award and in this case the servant of the umpire have before the award  make give out that he be sure his master will award one hundred and fifty  pound and the arbitrator differ one yield to give thirtyfive pound and the  other insist for ninetyfive pound and the umpire come and give one hundred and  fifty pound the court look upon this as a evidence of fraud and corruption and  therefore decree the arbitrationbond to be deliver up vide on the general  doctrine of award brown v brown ante Vol et vide Eq can ab pl and reference  there Vernon chancery case er p
case anonymous sale by a bankrupt to a near relation be a badge of fraud upon  a question whether a conveyance make by a bankrupt a short time before a ld  ray see also Fawtry v Fawtry salk S c show S c holt king v bettesworth stram  and the statute car c b see freak v Thomas salk S c ld ray S c corny S c under  the title of reek v Thomas post Atkinson v Cornish ld ray S c Carth S c Mod S  c ante S c comb S c holt Jones v Lord Strafford Bac Abr a sir Littleton powys  Knt be remove from the court of exchequer to a seat in the court of king bench  on the twentyeighth of January in this term modern report er p act of  bankruptcy commit be fraudulent or not these point be agree by the court first  that the sale be to a near relation of the party be some mark of fraud though  not a conclusive one because relation may be real creditor or give a valuable  consideration second the nonpayment of money at the time of execute the deed  be another a three it be some evidence of a good fide conveyance that the deed  mention money pay but that have need of other corroborate circumstance as  enjoyment
case anonymous sale of good in the strand do not alter the property trover be  bring of a silver cup against a goldsmith in the strand and it appear that his  apprentice have buy it in the shop and per all men a sale of good in a shop in  the strand or elsewhere out of London a do not alter the property nor per holt  chief justice Even in London if the felon be convict upon the owner evidence b  but because he can not prove a demand of the master but only of the apprentice  he be nonsuit
case anonymous sand per curium a double plea be no exception on a general  demurrer but it must be special demurrer to
case anonymous satisfaction acknowledge of a judgement a take a judgement in  the name of b who die and administration be commit modern er p to another a  enter satisfaction on the judgement the administrator of b move that the entry  of satisfaction be vacate and this appear on a report of the master to who it  be refer the court say that the defendant have good equity but they can not  help he and the rule be to vacate the entry of the judgement nisi easter term  the first of queen whether in the common plea sir Thomas Trevor Knt chief  justice sir John blencowe Knt sir John Powell Knt sir Edward Nevil Knt justice  Edward Northey Esq attorneygeneral Simon Harcourt Esq solicitor general
case anonymous scienter necessary in forgery the word scienter be hold  necessary to be insert in a indictment of forgery a king v loggan stram king v  Lawley stram king v Bruce andr a Q
case anonymous seal must be put by the mayor holt chief justice if a person  pretend to be mayor of a corporation put the corporation seal to a deed yet it  be not by that the deed of the corporation
case anonymous seaman who be witness and go a long voyage can be examine at a  judge chamber a motion be make by the plaintiff to examine witness at a judge  chamber they be mariner and now go to sea on a long voyage this be oppose on  modern report the other side because this will be to deprive the party of the  benefit of their evidence by crossexamine they at the trial it be true such  motion have be make where the defendant will put off a trial or where he  desire some other favour of the court but here it be in the power of the  plaintiff to bring on the trial when he please and the defendant can bring it  on but by proviso and then this motion may be proper the court this motion  will have be grant if the defendant have agree to it or if he have desire any  favour of the court it shall not be grant unless he will admit the plaintiff  to examine his witness but that be not this case the plaintiff take nothing by  this motion
case anonymous see Birmingham canal company v Lloyd Ves jun Wheatley v  Westminster Brymbo coal company l r Eq court with reluctance grant injunction  to stay work a colliery see Clavering v Clavering p wms S c Eq can Abr see Ves  where this case be refer to by Lord Eldon Lincoln inn hall that Jan on motion  for a injunction to stay lessee from work a coalpit irregular and as be say  detrimentally to plaintiff the lessor Lord Hardwicke say the court grant  injunction to stay work of a colliery with great reluctance from the great  inconvenience it occasion and never will do it but where there be a breach of  a express covenant or a uncontroverted mischief the present case do not come  within either of those reason and therefore injunction be refuse
case anonymous see Byrne v Schiller lr ex Allison v Bristol Marine insurance  company App Cas fraught be the mother of wage No fraught due if the ship be  lose side dougl burr Bl Rep if a ship be lose wage shall be pay in proportion  to the money advance for fraught this be rule by sander chief justice on  evidence in a trial at guildhall a Mod a see light Ch Rep vern Com dig  chancery d shower KB er p first fraught be the mother of wage and wheresoever  fraught be due wage be so second if a ship be lose before it come to a deliver  port no fraught nor wage be due if lose afterward it be due to the last  deliver port three advancemoney pay before if in part of fraught and name so  in the charterparty although the ship be lose before it come to a deliver port  yet wage be due accord to the proportion of the fraught pay before for the  freighter can have their money shower KB easter term the thirtyfifth of  Charles the second in the king bench sir Edmond sander Knt chief justice sir  Thomas Jones Knt sir Thomas Raymond Knt sir Francis Wythens Knt justice sir  Robert sawyer Knt attorney general Heanage finch Esq solicitor general
case anonymous see Dawson v crop c b dow l a man can take two distress for the  same rend if there he sufficient at first Mod l ray vent fitzg more bro this  Com dig Bac Abr Bl Com burr if one take trop pelit distress for rend and after  take another distress for the same rend this be not good for he can avow two  distress for the same rend for it be his folly that he take not a hetter  distress at the first but in the abridgement a see Elizabeth c James c Geo c b  say vide salk strange bull n p atk cook b l term Rep contra croak Elizabeth er  p of the assize it be say that if there he not sufficient distress when he  distrain he may distrain again a croak Elizabeth easter term Elizabeth in the  common plea sir Edmund Anderson Knt chief justice sir William periam Knt  Thomas mead Esq Hugh Wyndham Esq justice sir John Popham Knt attorneygeneral  sir Thomas Egerton Knt solicitor general
case anonymous see Dummer v Chippenham corporation of Ves Prioleau v u S a l r  Eq eoden die a bill against a corporation to discover write the defendant  answer under their common seal and so be not swear will answer nothing in  their own prejudice order that the clerk of the company and such principal  member as the plaintiff shall think fit answer on oath and that a master  settle the oath so in the case of the east India company a officer of the  company be make defendant to a bill for discovery of order and entry in the  book of the company and demurrer overrule Wych v meal p wms et vide Moodalay v  Morton bro Ch Rep if a corporation will examine any of their member as witness  they must and so be the course disfranchise they and then they may make use of  their testimony mayor of Colchester v p wms
case anonymous see Hadfields case lr c p the statute of use immediate convey  the possession to the use Elizabeth Com dougl notam that beneficiary and use  at this day be immediate and actual seize and in possession of the land so as  he may have a assize or trespass before entry against any stranger who croak  Elizabeth enter without title and this b the word of the man c videlicet that  beneficiary and use shall stand and he seize c and this be the opinion of  diver justice
case anonymous see London joint stock bank v mayor of London c p d App Cas in  what case foreign attachment may be sue foreign attachment lie not of any  thing that sound mere in damage as covenant or the like it lie not real of a  debt contract out of shower KB the jurisdiction and in brown case there be  plead a custom in Exeter for foreign attachment of any debt and not say  accrueing within the city it be hold nought and so adjudge by the Lord hale  upon that exception take thereto by sir Francis Pemberton on a writ of error  out of the common plea the debt of a corporation be not attachable because  there ought to be three capiass and a a Title debt fol num b raze Ent foe num  c Robinson v Robinson cro James d side e raze Ent fol no of the old edition  but fol no on the b side in the new edition f cro Elizabeth and SC keb g hob h  Thompson precedent I Trinity term car in b r roll a style Danv p shower KB er  p non be invention return c a bill of Middlesex prevent a attachment as much  as a original because it be in lieu of one and it be the foundation of the  suit and if lie to be secundum experience cur it will be a bar if money be  attach and pay thereon and afterward the original creditor sue for the same  and the attachment happen to be ill plead or otherwise avoid the party must  pay the money over again and have no remedy neither in law nor equity
case anonymous see mayor of London v Cox l r h l it a inferior court have  cognizance of the action a prohibition will not lie on a suggestion that the  cause of it arise out of the jurisdiction holt chief justice and all the court  agree unanimous that if a inferior court have jurisdiction over the cause of  action no prohibition ought to upon a suggestion that the cause of action  arise out of the jurisdiction a synes v synes burr Blackiere v Hawkins dougl  darly v cousin dougl notorious facts S c term Rep Caton v Burton Cowp leman v  coultry term Rep Velthasen v ormsley term Rep a but you ought to plead to the  jurisdiction b Roland v veil Cowp b and if they refuse such plea then move for  a prohibition and holt chief justice say there have be case to the contrary  but the law be now settle otherwise and if a person plead in chief he shall  never assign this for error if such inferior court have jurisdiction of the  thing c full v Hutchins Cowp c
case anonymous see will Act wm Vict c S at the roll eoden die sir the Jon side  vern a woman may make a will at twelve a man at fourteen vern comb Swinb part  sect h ch   light a   if a infant sue for a legacy cost must be pay out of  asset and not out of the legacy the master of the roll say that a woman may  make a will of her personal estate at twelve year of age and a man at fourteen  go office of executor and that when a legacy be give to a infant the testator  make it necessary to come into this court for direction how to lie it out and  therefore this application ought to be consider as a encumbrance on his estate  and the cost must be pay out of his asset mosely report er p
case anonymous service of declaration per clerk master of the office if there  be a visible attorney a leave a declaration in the office not sufficient by it  be good a
case anonymous several cause of action can be join to have special bail per  curium if one have several cause of action each whereof be too small for  special bail he can join they to enforce special bail
case anonymous sheriff can bail on a arrest for misdemeanour one justice may  bail when one may grant warrant justice may commit or bail in case of  misdemeanour before indictment find holt chief justice if one be take into  custody by a process from the session to the sheriff be must give a bailbond  accord to the statute of hell c but it be decide in a late case that the  sheriff have no authority to take a bind for the appearance of person arrest  by he under process issue upon a indictment at the quartersession for a  misdemeanour he can only take a recognizance for their appearance Bengough v  Rossiter term Rep for whatever power the sheriff may have have in this respect  under the statute Henry c it be take away by the Edward c hawk p c c S a  modern er p and wherever one may be take up by warrant of one justice any one  justice may bail hale sum Com dig bail f b former indeed none can be take up  for a misdemeanour until indictment find but now the practice over all England  be otherwise hawk p c ch S c and per hale hale p c see also Bl Com d that  practice be become a law and justice of peace eastern Self may bind to the  peace and over to the session for any breach of peace before a indictment find
case anonymous special justification a special justification must be of matter  of fact and not of record for matter of record must be plead even by a officer
case anonymous special verdict amend in a criminal prosecution the court be of  opinion that the entry of a special verdict though in a Criminal prosecution a  in what case amendment be exclude in criminal prosecution see Com dig  amendment c sand a may be amend if it be not enter accord to the note take and  the roll may be amend b   roll Abr roll Rep cro Elizabeth salk see also  attorneygeneral v white bunb Newcomb v green stram will Cogan v ebden burr  Eddowes v Hopkins dougl tailor v white dougl b gold justice cite Raymond and  say the court frequent amend information Qure if the court will amend in a  case where they have not the minute there per curian if the note and the  verdict vary the court will amend accord to the note else not per curian if a  jury find for the queen and the verdict be enter for the defendant yet at  commonlaw it be amendable c cro James Yelv c and it be agree in dr drake case  d post d if in a special verdict the clerk take the minute right and the  verdict be enter up wrong the court will amend the roll accord to the minute  though in a criminal prosecution
case anonymous statute per curium a Act of parliament recite I S to be heir do  not make he so
case anonymous statute roll holt chief justice act of parliament on the roll  be not distinguish into paragraph but that be do by the printer
case anonymous suggestion for a prohibition amend motion for a prohibition on  a libel in the archbishop of York court against the bishop of Chester for not  institute Mr Stanley present to the vicarage of Preston it come into the  prerogative on a duplex complaint dr sayer this method do not necessary bring  the right of presentation into question whether the bishop by delay or neglect  have not lose his jurisdiction be but part of the matter to be inquire the  bishop must show cause why institution be not devolve to the archbishop and  also why he shall not institute Reynolds justice there may be a answer of the  bishop consistent with the modern report er p spiritual jurisdiction and his  answer be not yet come in we can on libel suppose the answer may be such since  it may be otherwise Chesshyre sergeant the suggestion say we have plead below  though on the first motion when the suggestion be make we have not we now have  the plea which be that there be two presentation and which be right be the  question Raymond chief justice we must not countenance put anything in the  suggestion which be not then true though it prove to be so now you may mend  your suggestion and come again the motion be make super reading little book  without any mention of the plea
case anonymous suit may be against a man both as heir and executor holt chief  justice one may be sue as executor and as heir both for why may not a man make  use of both his security
case anonymous suit may be in the spiritual court after death of one of the  party for incontinency a woman be libel against in the spiritual court for  incontinency with a man since dead it be suggest for a prohibition that the  man be her husband and now the spiritual court can not examine whether he have  be her husband or not because that will tend to bastardize the child and  dissolve the marriage after the death of the party holt chief justice if there  be a marriage de facto though illegal yet they shall not libel to avoid it  after the husband death but if there be none the death of the man ought not to  protect her from a prosecution for her whoredom a a but see Annally and king v  keat stram king v smith stram b Fitzherbert nat short catalog Reg Orig a see  the case of hem v price post modern report er p
case anonymous summons attachment and distress be the only way of proceed  against a corporation holt chief justice one can declare against a corporation  aggregate as in custodian mareschalli skin Com dig pleader b Tidds practice a
case anonymous surety of the peace to have security of peace of one you must  make affidavit of the cause of fear and exhibit it in article and then make  affidavit that you demand this not of any ill will or malice but out of fear  of some bodily hurt
case anonymous surplusage in a verdict reject leo Henry leo when a jury bring  in a verdict and there be surplusage the court will reject the surplusage
case anonymous tender and refusal holt chief justice if covenant be to pay a  sum to a stranger at such a day and place tender and refusal be no excuse of  nonperformance a
case anonymous the advowson shall not pass by a grant of the vicarage hob will  Cowp quare hinder the queen have the advowson of the vicarage of d grant the  vicarage to I S the question be if the advowson passeth?Fenner argue it shall  pass puckering contra and all the justice hold it shall not pass for by the  queen grant nothing shall pass but what she intend to pass and the vicarage be  another thing than the advowson and every thing must pass by its proper name  and it shall not pass in the case of a common person
case anonymous the appeal from a peculiar be to the archbishop and not to the  bishop if a sentence be give in a peculiar the appeal be to the archbishop and  not to the bishop of the diocese which prove it to be of exempt jurisdiction a  see the case of Jones v Jones hob a note the follow case be hear and adjudge  in the court of king bench in easter term in the first year of the reign of  queen whether
case anonymous the appointment of a constable must show that he be a  inhabitant old constable not discharge till new one swear a order for make a  constable quash absent holt chief justice for that it do not appear by the  order that he be a inhabitant of the liberty though of the parish the late  constable be not discharge till the new be swear because the parish can be  without a officer
case anonymous the attachment which entitle the party to damage be on the  pluries that which punish the contempt be on the alias ante hawles solicitor  general move for a attachment upon the alias mandamus holt chief justice say  it have be sometime grant in the like case but not frequent and there be two  sort of attachment upon a mandatory writ the a the arrest of a petitioner to  the court of chancery under a warrant of the court for a contempt in disobey a  order have be hold well execute on a Sunday ex part Whitchurch atk but a  person convict on a penal statute can be apprehend on a Sunday for non payment  of the forfeiture king v Myers term Rep in which it be say that cecil case as  above report may have be good law at the time it pass for then the court look  only to the contempt but that it have be settle of late year that a attachment  for nonperformance of a award be only in the nature of a civil execution term  Rep see also king v Stokes Cowp modern report er p one entitle the party to  his action for damage and that must be upon the pluries a and the other punish  the contempt which may be on the alias so be the attachment upon a prohibition  which be the case in croak and here they take a pluries and no attachment
case anonymous the attorney present when a warrant of attorney be execute must  be a swear attorney the defendant be arrest on a bind and be in custody send  for a person who be a practicer but not a swear attorney and execute a warrant  of attorney to confess judgement on motion to enter up the judgement Pratt  chief justice say he must be a swear attorney and the court refuse to enter up  the judgement fortescue justice the rule say a attorney but do not say a swear  attorney must be present Pratt chief justice a attorney be a swear attorney  modern report trinity term the ten of George the first in the king bench sir  John Pratt Knt chief justice sir Littleton powys Knt sir John fortescue aland  Knt sir Robert Raymond Knt justice sir Philip York Knt attorneygeneral sir  clement Wearg Knt solicitor general
case anonymous the character of a pawnbroker may be injure by slander his  solvency in trade a action of slander in which the plaintiff set out that he  be a pawnbroker by trade and that the defendant say these word of he thou art  a break fellow and lie and prove loss of customer videlicet that some who be  come to pawn good with he forbear come and other take away they by occasion of  the word holt chief justice the trade of a broker be a honest lawful trade  though it lie under suspicion for it be lawful to buy old good and sell they  again and so to lend out money upon pledge but a broker ought to be very  cautious in buy for fear of buy steal good yet if he shall buy steal good not  know they to be such it be no crime a and upon point arise upon this case be  say that one may take a warrant to search a suspicious house upon a felony  commit b but it be at his peril to execute it in due time and at suspect house  only c and though a constable may by virtue of such warrant search the house  and all other thing that his warrant authorize he to do yet if be go beyond  his warrant by which anybody be damage be be answerable for it d
case anonymous the commissioner can break open any other house than the  bankrupt resolve by Pemberton chief justice at guildhall that commissioner of  bankrupt can break open a house to search for the bankrupt good unless it be  the bankrupt good in the house of the bankrupt
case anonymous the court in special favour may dispense with personal  appearance in outlawry post Com dig Bac ab hawk p c note that one outlaw pray  to appear by attorney and upon a affidavit make of his sickness the court ex  agreeableness not general allow he to appear by attorney but the clerk be  command to enter it quod go for sale in not common with others mask for the  law be clear that upon a outlawry he ought to appear in person by will mary c  in all case except treason and felony the defendant may appear by attorney to  reverse a outlawry c hill James Bulst Godol a but the judgement in this case  be deny to be law by Lord Nottingham in the duke of Norfolk case Chan Cas  pollexfen Eq Cas Abr and by Lord holt in lamb v archer salk Carth and a great  many subsequent case have be decide on the principle upon which Lord  Nottingham proceed Fearn con Rem Chan Cas cro car Chan Rep skin comb holt Prec  in Ch vern Bl Com skin peer will peer will peer will case tempt Talb atk atk  vezey brown case in parliament brown Chan Rep bro Chan Rep Com dig chancery g  W Bac ab croak James er p
case anonymous the court may proceed in a summary way to strike a attorney off  the roll holt chief justice if a attorney will take a man money to do business  and do not do it we may enter into a summary examination of it and if we find  he refractory we may strike he out of the roll
case anonymous the court of king bench may fine a countyclerk for negligence    Inst Mod case in crown law d edit dougl false judgement out of a county court  the record be vicious throughout and the judgement reverse and order that the  suitor shall be amerce a mark but the record be so imperfect draw up that it  do not appear before who the court be hold and the countyclerk be fine five  pound for it
case anonymous the court of king bench may on motion and without a writ of  error quash summary conviction on penal statute motion be to quash a  conviction for hunt within the late statute and thereupon it be question  whether it may be quash without a writ of shower KB error roll say a if a man  be convict on the statute James c by two justice for kill of partridge with  net on proof or confession without indictment such judgement or conviction may  be reverse without a writ of error be remove into the king bench by certiorari  and it be say per curian that conviction for not repair of a highway be make  so foolish that they be not judgement and this court have quash they without  any writ of error
case anonymous the court on default of prosecution can only respite and not  discharge a recognizance Owen and other of the city of Coventry be bind by  recognizance and appear for two term and no prosecution be against they it be  move to discharge their recognizance or dispense with their appearance but the  court say they can not do it and all they can do be to respite their  recognizance
case anonymous the court sometime will make a rule on the old sheriff to  indent with his successor
case anonymous the court will grant a new trial when the verdict be obtain by  surprise if there be a fault in a declaration on which the plaintiff must be  nonsuit and the defendant take notice of it do prepare no defence for the  trial but depend thereon and the plaintiff amends shower KB his declaration  without rule for so do and so surprise the defendant and get a verdict this  court will set such verdict aside and will grant a new trial a
case anonymous the court will not after issue join allow a amendment in a  declaration on a quantum to deserve term Rep upon a quantum to deserve bring  by a surgeon for a cure this court will never grant leave to strike so much  out of the declaration and the plaintiff to proceed for the rest at the peril  of cost they will do it where the damage be certain and the action in nature  of a debt or contract but not in other case and they say he may as well do it  in case for word as in the principal case and note they will never do it after  issue join
case anonymous the court will not change the venue in a action on a bill of  exchange Qure if the rule for change of venue extend to bill of exchange the  court doubt but seem be of opinion that they do not for the inconvenience that  may ensue a the court will not change the venue in a action on a promissory  note or bill of exchange see Holcroft v Colwest andr Kirk v broad sayer down v  brial black Rep will Pinkney v Collins term Rep precious v Bennet Tidds pract  unless some special ground be lie foster v tailor term Rep a modern report er  p
case anonymous the court will not discontinue a action on a suggestion of the  attorney absence it be move to discontinue a former action plead in abatement  of a subsequent one upon suggestion that the attorney in the former action be  not to be find holt chief justice will not allow it but bid they plead nul  tiel record and that the defendant will find their attorney for they and he  hold that one can not plead twice in abatement b cotton Abr Edward c raze Ent  cro Elizabeth a Henry pl Henry pl b roll Abr modern report er p
case anonymous the court will not easy grant a new trial after a view where a  trial be have upon a view a see the statute whether c S Geo c S a this court  will not easy be induce to grant a new one for the view be suppose to govern  the jury more than the evidence at the trial and therefore in such case there  ought to be some great irregularity in the jury to obtain a new trial
case anonymous the court will not grant a attachment in the first instance on  the affidavit of a rescue but if the sheriff return a rescue that be of itself  a conviction and the attachment will go of course a affidavit be make of a  rescous of one take by mesne process and thereupon a attachment be move for  per curian upon a return of rescous it will go of course but holt chief  justice will distinguish between this and the case of rescous upon a writ of  execution touch the difference of rescue on mesne process and those of person  take in execution see cro cro pop bull dyer lev and salk post see also Inst  leg to see also hawk ch S to note to the former edition a for there the  sheriff can return a rescous and therefore the court can have no other ground  for a attachment but affidavit and ought to be content therewith but here a  rescous may be return which be matter of record and by consequence a better  motive ought to be give to the court yet the court seem against he and a rule  be grant to show cause why attachment shall not go
case anonymous the court will not grant a information for refuse to accept the  office of common councilman but the corporation may by a bylaw inflict a  penalty for such refusal S c post sir Edward Northey move for a information  against a man choose of the commoncouncil of Bristol who refuse to accept the  office and suggest that in case be may refuse to accept it the corporation  will soon be at a end he also modern report er p say that the sheriff be  always choose out of the commoncouncil that the court will take notice of a  commoncouncilman as of a public officer and that a corporation be a part of  the public government holt chief justice that be quoad the place where they  have a power as a corporation to make bylaws they shall make a law to inflict  a penalty on he who refuse and this be the proper way a see king v Vanacre Mod  salk mayor of Wokingham v Johnston case tempt Hardw vintner company v Passey  burr a say adjournatur
case anonymous the court will not order a plaintiff to file the venire facias  Mod Com dig the plaintiff recover a verdict against the defendant in a action  upon the case the defendant now move by his counsel that the plaintiff shall  file the venire facias and distringa because all writ which be returnable in  this court ought to be file see general rule Trinity term Geo that the custos  narrow places of b r shall endorse upon every writ on what day and what hour  the same be file term Rep a otherwise a damage may ensue to the officer and a  wrong to the king upon the forfeiture of issue by the juror which be always  estreated upon the come in of the distringa the counsel insist upon it that it  be the commonlaw of this realm and that it be the right of the subject that  all writ which issue out of the king court shall be file that the panel of the  venire facias be part of the record and that a attaint can not be bring  against the jury if these writ be not file because non constat de mask modern  this matter be refer to some of the ancient clerk of the court and to Aston  the secondary who report that the court never order a plaintiff to file a  venire facias against his will
case anonymous the court will quash a writ of enquiry if damage be give for a  time subsequent to the action ante the plaintiff who be tutor to two young  scholar in Cambridge bring a action on the case against their father and  declare upon a indebitatus assumpsit to pay so much for his salary for five  year and nine month and upon a quantum to deserve c and have judgement by  default and a writ of inquiry for damage which be execute and general damage  give it be move in arrest of judgement that this writ of inquiry be execute  the four day of February whereas the five year and nine month do not incur  until the twenty day of march follow so modern report that the jury have give  damage general the plaintiff can have judgement for the damage for the time  not incur which he must have if he have judgement upon this record and the  court incline to that opinion
case anonymous the difference hetween the word forswear and perjure a Le cro  car action upon the case be bring for these word thou art forswear and I will  make you flower the pillorV or else it shall cost I a hundred pounds  Et r  Pedro totan curian a action lie do for Anderson say there be a great  difference betwixt the word forswear and per jured for forswear be where he  swear against the truth in ordinary discourse but peijurium be when law of one  another perverfitur which be to he intend in a judicial proceed and this  difference have be allow of quod curian to go away but to say he be forswear  in such a court or betwixt such party a action lie W e refore it be adjudge  for the defendant
case anonymous the disposition of pew belong to the ordinary if one purchase a  pew his interest therein cease by cease to be a parishioner holt chief justice  of common right the disposition of pew in a church belong to the ordinary a  but the parish be bind to repair they and it be only resiance that make right  to a pew in a parish b for if one purchase a pew there and afterward leave it  his interest in the pew be go and if he shall return again into the place yet  he must renew his interest but if a person cease to be a housekeeper in a  parish but continue still in the parish as a lodger and modern report go to  church and be take notice of as a parishioner though he be but a lodger yet  his interest which he have in the purchase pew continue
case anonymous the executor or administrator of a executor de son tort be  liable in the same manner as the testator or intestate will have be in the  exchequer Chamber before the Lord chancellor the Lord treasurer and two chief  justice the case be thus the plaintiff have declare against the defendant as  executor of Edward Nichols who be executor of the debtor the defendant plead  that the debtor die intestate and administration of his good be grant to a  stranger without hoc that Edward Nichols be ever executor but do not say or  ever administer as executor for in truth he be executor de son tort modern the  plaintiff reply that before the administration grant to the stranger Edward  Nichols possess himself of diverse good of the say debtor and make the  defendant executor and die and the defendant demurrer and judgement be give  for the plaintiff but reverse here for a executor of a executor de son tort be  not liable at law though the Lord chancellor say he will help the plaintiff in  equity but here modern er p administration of the good of the debtor be grant  before the death of the executor de so tod so his executorship vanish and  nothing shall survive a by car c all and every the executor and administrator  of any person or person who as executor or executor in his or their own wrong  or administrator shall waste or convert any good chattel estate or asset of  any person decease to their own use shall be liable and Chargeable in the same  manner as their testator or intestate will have be if they have be live and by  will mary c S this statute be extend to all and every the executor and  executor administrator or administrator of any executor or administrator of  right who shall waste or convert to his own use good chattel or estate of his  testator or intestate a
case anonymous the first endorse may bring a action on a bill of exchange by  strike out the other endorsers name a indebitatus assumpsit upon a bill of  exchange by Domingo Franca it appear upon the declaration that there be  several endorsement and the action be bring by the first endorse who strike  off the several endorsement and bring action for nonpayment the bill specify  value receive of the plaintiff holt chief justice if the action have be upon  the custom in this case the way have be for the plaintiff to get the last  endorsee to endorse it to he for he to bring a action as endorsee but this  action he say well lie for the bill be give as a security for money and  without doubt it be a debt and here the plaintiff to show a protest produce a  instrument attest by a notarypublic and though it be insist on that he shall  prove this instrument or at least give some account how he come by it holt  chief justice rule it not to be necessary for that he say will destroy  commerce and public transaction of this nature and be say a bill of exchange  may be accept by parole though the usual way be to do it by write a and that  if a bill be draw upon two and one of they accept it it be a acceptance of  both b then it be urge that the declaration show a protest for want of payment  when it be in truth for want of acceptance as appear by the protest yet it be  rule well because this be not upon the custom but a plain debt and one may  bring debt or indebitatus assumpsit upon a bill of exchange because it be in  the nature of a security
case anonymous the freehold of the church yard be in the parson but by custom  it may belong to the churchwarden it be say in this case that the churchwarden  have a right to the church yard and not to the church for the parson only have  that although here about London the churchwarden take money for break open the  ground in the church and the parson only for the chancel and note by Spelman  it be but of late year that they have bury in church so common as now
case anonymous the good of another steal out of a shop be not felony within  the statute will cap at the same session another man be indict on the statute  will c for steal a shirt out of a shop the statute enact that any person who  by night or day shall in any shop warehouse coachhouse or stable private and  felonious steal any good of the value of five shilling or more though such  shop c be not break open and though the owner or any other person be or be not  in such shop or that shall assist in commit such offence be thereof convict  shall not have the benefit of the clergy the case be thus a shirt which be the  property of t S be leave in the shop of W r to be send to a sempstress to mend  it and be steal by the prisoner out of the say shop the question be whether  this be felony within the statute for which the offender can not have the  benefit of clergy the judge be of opinion that it be not for the statute be  make as a remedy for the owner of shop to preserve their own good which may be  leave there by way of trade but do not extend to good casual lose there and  consequent the steal such good to the value of five shilling be not felony  without benefit of clergy and the jury give a verdict accord
case anonymous the grantee of wreck have of necessity a right of way to it  over the land of another per curian first if a man either by grant or  prescription have a right to wreck throw upon another land of necessary  consequence he have a right to a way over the same land to take it second the  very possession of the wreck be in he that have such right before any seizure  original all wreck be in the crown and the king have a right to way over any  man ground for his wreck and the same privilege go to grantee thereof
case anonymous the husband possess of a term in right of his wife be divorce a  month et thoro and a injunction be grant he be about to sell this term a feme  sole be possess of a term for year marry W r who be afterward divorce a month  et thoro and she have alimony allow to support her and now the husband intend  to sell this term her counsel move for a injunction which the court deny at  first to grant a see milner v Colmer Peer wms Fitzer v Fitzer atk Dimmock v  Atkinson brown c c a because the separation a month et thoro do not destroy  the marriage for the party be still husband and wife now suppose the husband  have be entitle to this term in his own right before marriage and afterward  have be divorce from his wife and she have alimony allow this court will never  modern report have grant a injunction to hinder he from sell and certain while  the marriage continue he have the same power to dispose the term b   light hob  in marge vent case in Ch vern atk will b which he have in right of his wife as  he have if it have be in his own right but her counsel still press for a  injunction so that the merit of the cause may come before the court and insist  very much on the hardship of the case and that the wife can have no remedy if  this term be sell the court grant a injunction for though the marriage  continue notwithstanding the divorce yet the husband do nothing as husband nor  the wife as wife modern report er p trinity vacation the nine of George the  first in the year before the baron of the exchequer at sergeant inn hall sir  James Montague Knt chief baron Robert price Esq sir Francis page Knt sir  Jeffrey Gilbert Knt baron
case anonymous the husting be the county court of London holt chief justice  the husting be the county court in London and the sheriff may grant a replevin  out of it as such by the statute of Westminster the second
case anonymous the judge report not to be entire rely on in a motion for a new  trial holt chief justice in grant a new trial we ought not altogether to rely  on the certificate of the judge who try the cause but upon the reason of the  thing and sometime I will grant a new trial against the certificate of a judge  if in my judgement and conscience the matter deserve a reexamination
case anonymous the master may examine ex part holt chief justice when a matter  be refer to the master of the office to examine and a summons or a service of  the rule to the party if he will not attend the master may examine ex part  without motion
case anonymous the misrecital of a statute by the addition of a word be not  material if it do not enlarge the meaning action upon the statute of Richard c  that none shall seize felon good before conviction after verdict it be move in  arrest of judgement for that the declaration recite the statute and say no  sheriff nor under sheriff nor escheator nor any other person and in the  statute under sheriff be not mention a yet hold that this do not enlarge the  statute for that it be include in the word sheriff and then shower KB it be  nor any other person and therefore that be well enough another exception take  be for that it say good et catalla and then allege money and good whereas  money be not include under good Fitzherbert Abr title brief but it be answer  that it be true money can be demand by the name of good yet it may be grant by  that name for the person who have a grant of good felon et fugitivor shall  without doubt have his ready money though a declaration for money be core  money count three the statute say only good and the declaration be good et  catalla answer that the verdict help it by give twenty pound damage pro good  et resid for the defendant agree that notwithstanding a pardon a man may be  say convict within this statute another exception be that it be to visit good  et catalla and agree that in trespass it be nought otherwise in case or debt  with averment that they be the same good which will be a bar in another action  judgement for the plaintiff
case anonymous the nisi prius record may be amend by the paperbook assumpsit  by a administrator for good sell and deliver by his intestate and a promise  likewise to he the defendant plead non assumpsit infra sex aged to the  plaintiff the plaintiff reply a promise to the intestate within six year and  issue thereupon and verdict for plaintiff and this be move in arrest of  judgement and appear thus upon the record of nisi prius per curian if the  paperbook or copy of the issue be right we will amend it and make a question  whether it be not within the statute of Oxford
case anonymous the occupier of land in a parish shall be rate to the repair of  the church and not the landlord live out of the parish there be a libel in the  spiritual court against the defendant for not pay of a rate towards the repair  of a church c he suggest that the land be in the occupation of his tenant and  that he be not a inhabitant in the parish where this church be c and this be  hold a good suggestion for it be contrary to law to charge the person with  repair who do not live in the parish the tenant of the land shall be charge  and not the owner if a man take a lease of a stall in a markettown where he  use once aweek to sell his ware but life in another parish he shall not be  charge towards the repair of the church in that markettown modern er p  michaelmas term the four of William and mary in the king and queen bench sir  John holt Knt chief justice sir William dolben Knt sir William Gregory Knt sir  Giles eyres Knt justice sir George Treby Knt attorneygeneral sir John summer  Knt solicitor general
case anonymous the omission of the oath require by James c in who tam will not  vitiate the record Inst Inst say vide salk and Com dig Bac ab hawk p c  informer may sue for a moiety of the penalty give by Elizabeth c for it be  only the king moiety that shall be give to the corporation more hob Com dig  error of a judgement in Coventry in a information upon the Elizabeth c S for  exercise the trade of a ironmonger a not be apprentice after verdict and  judgement there for the plaintiff the first error assign by Grimston be  because by the James c it be appoint that every common informer shall be swear  before his information be receive that the fact be within the year before the  information exhibit and within the same county where it be exhibit and it do  not appear here that it be do so in this case say non allocatur for it be no  parcel of the record but be only a direction to the officer that none shall be  receive unless he be first swear b the second error because informer can sue  upon that statute to have the moiety for by the express word in the statute  the forfeiture be give to the corporation for the benefit of the corporation  for relief of the poor and for other use of the corporation say non allocatur  for though that statute give one moiety to the informer and the other moiety  to the king except in corporate town to who such forfeiture be grant it be to  be understand and so have always be expound that in that case the forfeiture  give to the king belong to the corporation and the informer be to have his  part still whereupon judgement be affirm
case anonymous the omission of the word upon the oath of twelve good and  lawful man in enter a writ of enquiry on the roll be amendable after judgement  on demurrer and without payment of cost post roll Abr side cro car Carth cro  Elizabeth sand stram ld ray Mod Mod Mod comens Com dig andr fitzg term Rep  notam judgement be give upon a demurrer and a writ of enquiry be award modern  er p and in the entry thereof upon the roll the word per sacrament dvodecim  estimable et of man be leave out the question be whether it shall be amend it  be say that a to take in hand for a pity shall be amend upon the new statute  car c of Jeofails after a verdict but whether upon a demurrer it be doubt in a  quo warranto judgement be enter by disclaimer by the consent of all party and  the word army et pretense a letter to stand open geren that James be write in  the margin modern of the paper book by the then attorneygeneral but by reason  of a stroke cross they the clerk omit they in engross the judgement but upon a  motion the court hold this amendable at the commonlaw curian the error be only  a misentry of the writ of enquiry and it be amendable without payment of cost  Mr Aston the secondary say that cost be never pay in this court upon such  amendment nor in the common plea until my Lord chief justice Vaughan time but  that he alter the practice and make the rule that if you amend after a writ of  error bring you must pay cost
case anonymous the place from whence the v isne shall come when the offence be  commit in a forest side   light roll ab hawk ante wilts certain person be  indict for enter into the forest call Grovelyforest and hunt there in a place  call Densbawwood the indictment be traverse the v en? refacias be award de  vicineto de Grovely and the jury appear at the bar be discharge for it be hold  where a thing be suppose to he do in a place which be a villdge in the forest  the venire facias sQ he award de vicineto of the same village but if it do not  appear that it be a village then it shall he de vicineto of the forest as  Edward Henry pl pound Henry but gawdy and Fenner say that if the sheriff  return there be no such village or parish the v venire facias shall he award  de corpore comilaNs
case anonymous the property of good be in the person who as purchaser pay the  money for they holt chief justice a son employ his father to buy a frame for  he the father agree for it in his own name and pay part of the money down and  give a note for the rest by the payment of the money and give the note the  property of the frame be immediate vest in the father and though the bill of  sale which be not make till a month after be make to the son the property  which be modern report a but by James c the sale of any good wrongful take to  any pawnbroker in London or within two mile thereof shall not alter the  property Bl Com b Inst see also Samuel v pain dougl Ledwick v catchpole call c  hale p c hawk p c ch S c d see the case of general warrant saint Tr hawk p c  ch S a see Colston v Woolston bull n p power v well Cowp and the case of  Gordon v harpur argue in the court of king bench in easter and Trinity term  modern report er p already alter and vest in the father can not be thereby  divest and lodge in the son but if the bill of sale have be make to the son at  the time of sale it will have vest the property in the son and a earnest do  not alter the property but only bind the bargain and property remain in the  vendor till payment of the money or delivery of the good a
case anonymous the real record never remove from London per curium when a  cause be remove from London the very record be never remove because they  expect a procedendo
case anonymous the remedy against factor be account but if be convert trover  lie in what case trover lie holt chief justice the proper remedy against a  factor act as such be account but if he convert trover will lie against he a  find good of b and refuse to deliver they to he his remedy be trover and if c  happen to get they a may maintain trover against he but he shall have but one  satisfaction but after a have recover against b b may maintain trover against  c
case anonymous the return of no such will to a when fac must he accompany by a  panel from the body of the county post   b error upon a judgement give against  the father the defendant allege that the plaintiff have a elder brother in  full life at such a place videlicet in m in the county of Stafford upon this  they be at issue the venire facias be of vicineto de m a the sheriff return  there be no such will the court hold clear it be no good return for he ought  to make the panel de corpore committals Henry pl accord a
case anonymous the sheriff be answerable for the good levy and he may be  compel by distringa to sell they upon motion of trigg against the sheriff of  ken holt chief justice say that if a sheriff return good levy to such a value  he must answer for good to that value and plaintiff may have a sale set forth  and if he will not sell they then the way be to have a distringa to the  coroner and that be the right method to lie he by the heel until he have sell  and sure debt will lie against he after such a return and a sale set forth see  the case of clerk v wither Mod Mod ld ray Tidds pract a
case anonymous the sheriff be answerable for the misconduct of his under  officer sir James Montague move the court to amerce a underbailiff of  Westminster for not make a return of a writ but the court think the motion  improper for that the sheriff be the officer of this court the court in this  case make a rule for the bailiff to return it modern report and for disobey  that bring they into contempt
case anonymous the sheriff can take a bailbond upon a attachment for not pay  cost but in such case a messenger be to go to bring in the party the plaintiff  bill be dismiss with cost and cost tax to pound a subpoena be award against he  to pay those cost and for not obey it a attachment upon which attachment the  sheriff of Leicester to who it be direct take bail and return a to take in  hand corpus and now upon this return a motion be make for a messenger to bring  in the plaintiff and it be urge to be the course of the court that a messenger  shall go in all case where the sheriff take bail where the party be not  bailable as in this case he be not and the rather for that in this case the  bailbond be take of a member of parliament against who the parliament be now  sit they can have no remedy and one Hawkins case be cite where in a like case  a messenger be send to bring in the party and so it be order in this case
case anonymous the statute James c do not extend to suit in the admiralty for  seaman wage S c post the opinion of this court seem to be that the statute of  limitation James c do not extend to the admiralty nor spiritual court for holt  chief justice say if a battery be commit super deeply mare above four year  since if the plaintiff sue for this in the admiralty be may well recover  damage there a but see Ann c S and post notorious facts a see levinz and and a  suit in the spiritual court be only pro reformation morum c
case anonymous the unavoidable absence of a material witness ground for a new  trial when any unforeseen accident happen or some sudden impediment as  sickness c to a witness and a trial be have and a verdict give for the  plaintiff which may have be give for the defendant have that witness be  produce in such case this court will grant a new trial on pay the cost of the  former trial
case anonymous the venue in ejectment must be where the land lie per curian if  a man sign a lease in one county or will of land in another yet the jury must  come from the place where the land lie in a ejectment upon such lease
case anonymous the writ of excommunicate to take in hand must be deliver open  in court cro car vent side salk upon a excommunicate to take in hand the  plaintiff plead the statute of Elizabeth c and because he be not deliver by  the sheriff into the king bench be take upon the capias he be croak throw  therefore discharge and a precedent show that in Elizabeth upon such plea  plead the party be discharge for it be say that they ought to pursue the  precise form that the writ shall be bring and deliver open in court otherwise  it be void and not warrant by the statute
case anonymous the year in the caption of a indictment must not be in figure  but it may be reject as surplusage side keb l lev Peer wms strange strange  hawk p c salk move to quash another indictment because the year of our Lord in  the caption be in figure hale chief justice the year of the king be enough a  by Geo c law proceed shall be in English and write in word at length and not  abbreviate but by Geo c S they may be write or print in the like way of  express number by figure as have be common use and with such abbreviation as  be common use in the English language a modern er p
case anonymous there be a entry of a motion on the part of defendant in a case  of Braithwaite v Geary in the register minutebook of this term pray that  process out of the petty bag may be stay in respect of a statute plaintiff  have elect to proceed here but the court will make no order to stay proceed  special election to proceed at law in a ejectment for the land and in equity  for a account of profit where a man be put to his election whether to proceed  at law or in this court if the bill be for the land and to have a account of  the mesne profit he may elect to proceed in a ejectment at law for the  possession and in equity upon the account because at law he can recover damage  for mesne profit from the time only of the entry lie in the declaration For  observation on bill in this court for mesne profit vide argument of  attorneygeneral in the case of dorm v fortescue atk Scholefield v Scholefield  that and that Dec and for quaere on the doctrine here lie down vide dorm v  fortescue atk where say by Lord chancellor I can by no mean admit the latitude  in the anon case vern and note a dismission upon a election to proceed at law  be not peremptory vide case cite in note to Tillotson v Ganson ante p
case anonymous there be no difference as to time of plead whether a defendant  come in upon a to take in hand in custody or on bail post holt chief justice a  difference have be take that if one come in upon a to take in hand corpus in  custody be must plead instanter by where he have be bail and come in upon the  to take in hand but sure there be no reason for this difference for the return  be the same in both case and the party ought not to be the hard use because he  can not find bail
case anonymous there shall be four day between the return of the postea and  judgement enter per curian regular there ought to be four day between the  return of the postea and judgement enter that be if there be four day of the  term unspent at the return but if there be not so many day to come of term  there ought to be the utmost time within the term but still judgement may be  enter that term
case anonymous those who abet rioter by halloo be principal offender a  indictment be against several of the boy of christshospital for a riot upon  the prosecutor it be prove that two of they beat her and that the rest only  halloa holt chief justice as many as halloa be abettor and therefore principal  in the case a but the jury acquit all but two wherefore the plaintiff counsel  desire they shall be all acquit for two alone can be guilty of a riot but  there must be three at least and battery can be find upon this indictment
case anonymous time of plead in abatement ante per curium if one will plead in  abatement he must do it before the rule be out and shall not have till essoins  of next term for it and former the course be to give rule for plead general  and after they be out to serve rule peremptory if declaration be deliver  before crast air or month pasch the defendant have not time till next term to  plead in abatement but only till the rule be out but if it be modern report  deliver after that time the defendant have till the essoinday of the next term  to plead in abatement
case anonymous time to plead in abatement upon debate about the time in which  one may plead in abatement Mr clarke the secondary say that it have be settle  here that if a declaration be deliver the last day of a term the defendant  shall have four day in a subsequent term to plead in abatement and if a  declaration be deliver the last day of a term as of a precedent term the party  shall have four day after the actual delivery of the declaration to plead in  abatement but Powell justice say that one can not plead as of a precedent term  without imparlance see Tidds practice a Mr clarke answer that be may enter it  upon the postroll without any imparlance and then the plea be of that term of  which the declaration be and note the declaration must be as of that term in  which bail be file and the defendant in another term be not bind to accept a  declaration as of a term precedent and Mr clarke say that though by consent  the defendant do accept a declaration the last day of Trinity term as of  Hilary term yet be shall have four day in Michaelmas term to plead in  abatement
case anonymous tipstaffs be marshal officer per curium it be agree that the  tipstaffs be the marshal officer and he ought to have the put of they in and  the custody of the tipstaff be the custody of the modern report marshal and it  be absolute necessary to charge the marshal in debt for escape that he have  notice of the party be charge in execution
case anonymous tithe fish per curian first no tithe be due for fish of common  right but it may be by custom see king v carlyon term Rep a second no wood be  titheable of common right but only by custom see doctor and student dial c   b
case anonymous tithe of rake of corn holt chief justice one may libel in the  spiritual court for tithe of rake of corn if it never be gather into sheaf but  by after the corn have be gather into modern report sheaf and there be no  fraud in the gather and a prohibition will lie
case anonymous Title need not be state against a wrongdoer it be not necessary  against a wrongdoer to set forth any title I e whether by prescription or  otherwise especial where the action be ground on the possession a dent v  Oliver cro James Stroud v Birt Mod comy saint John v moody vent Blockley v  slater lev Ashley v Frickleton lev wear v Griffith burr caryi v Bacchus show  palmer v Kebblethwaite show stock v booth term Rep Roger v brook term Rep  notorious facts clarke v king term Rep rider v smith term Rep Grimstead v  Harlow term Rep Griffith v matthews term Rep a
case anonymous Title of common a man that claim common in another man land  must set forth a title a Vernon v Goodrich stram Jones v Hammond ld ray Stroud  v Birt Mod Silly v dally ld ray John v Whetley will Grimstead v Marlow term  Rep a but a man that be in possession need not set out a title b Harrington v  birch post Langford v Webber Mod saint John v moody vent Blockley v slater lev  Kentish v tailor will wear v Griffith burr rider v smith term Rep b
case anonymous To bring together on hab cor ought to be return and file ante  when one be remove hither by habeas corpus and turn over there be a To bring  together send over to the marshal with he and that ought to be bring back and  file in the office and let that be observe
case anonymous to know facias ante per curium two to know facias shall not be  take out both together for the future the second shall not be take out till  the day of the return of the first in the common plea they have but one to  know facias but then there must be fifteen day between the testae and the  return of the writ and that returnable too on a common day but each writ be  returnable here in eight day on a day certain so that less time be here  necessary for both than in the common plea for one
case anonymous to know facias lie against executor of bail a to know facias  lie against the executor of bail as well as against the bail themselves
case anonymous to know facias on a wrong judgement set aside on motion to know  facias recite a judgement in the time of the king which in truth be in the  time of the king and queen and so no judgement to warrant it and judgement  upon return of nihils curian in strictness we ought to put they to hearing  complaint but we general relieve they upon motion and the judgement on the to  know facias be set aside and order that the money levy by a become facias  thereupon shall be refund
case anonymous to know facias quare execution non upon a to know facias quare  execution non the plaintiff in error may assign error but if he do not the  judgement be only that execution be award and not that judgement be affirm a
case anonymous to know facias will not lie for cost without show that the  judgement be affirm in the exchequerchamber post cro Elizabeth cro James stram  a judgement be give in the king bench and upon a writ of error bring in the  exchequer Chamber that judgement be affirm and now the plaintiff in the action  bring a to know facias for the cost he have sustain by the delay of the  execution and it be object that it ought not to be allow first because it be  bring in London and not in Middlesex where it ought to be bring and for a  default in the writ itself second because it do not set forth what become of  the case in the exchequerchamber that be it do not show that the judgement be  affirm for if it be not then the plaintiff have no right to the cost on the  other side it be answer first that a to know facias may be lie in any county  where the original action be bring so if a action shall be bring on the  original judgement such action may be lie in any county and the to know facias  may be bring where that judgement be obtain and second all that be necessary  to be allege in it be that judgement be give for the plaintiff and be not  satisfy the court it be true art action of debt upon the original judgement or  upon a recognizance may be lie in any county but a to know facias must always  go into that county where the execution on the original judgement shall be  make modern report afterward upon read this to know facias it be as before  observe that it do not set forth what become of the cause in the  exchequerchamber and certain the plaintiff can have this writ without show  what become of the judgement remove by this writ of error and it be  unreasonable he shall have it for cost in delay of execution without show that  the judgement be affirm in the exchequerchamber easter term the nine of George  the first at the old Bailey under a special Commission before sir Henry  Penrice Knt judge of the high court of admiralty and other
case anonymous to say of a trader he be a bankrupt be actionable although no  special damage ensue case for word videlicet he be a bankrupt and have be so  these several month and lie no particular damage but only that he be a  tradesman after verdict and on motion in arrest of judgement it be hold that  if a declaration be that he get his livelihood by buy and sell and do not say  by what trade it be sufficient to maintain a action for be call a bankrupt  roll and though a man aver not in his declaration that he have lose his credit  or have have any particular damage yet if he show himself to be and to have be  a tradesman it be a sufficient declaration for the slander of bankruptcy or be  a break tradesman if a man keep a shop though close yet he be a trader within  the statute of bankrupt judgement for the plaintiff
case anonymous to say that a person keep a bawdy house be not actionable roll  ab Bulst Noy action upon the case for word videlicet he keep a bawdyhouse and  rule that the action lie not for by the commonlaw he be not punishable but by  the custom of London and therefore this action ought to have be sue in the  spiritual court it be now determine that a action will lie for these word  sayer for it be a indictable offence by commonlaw as a nuisance hawk
case anonymous to set up a fair market or leet be indictable per curian one be  indictable for set up a market or a fair or a leet modern it be a usurpation  upon the queen for which she may bring a quo warranto where there may be two  judgement the one for seizure of the franchise into the queen hand the other  for a fine for the usurpation and to keep a leet to summon the subject to make  presentment and to amerce be a grievance to the people beside so of fair or  market if they take toll of people
case anonymous toll not incident to a market by holt chief justice a toll be  not of common right incident to a market
case anonymous tolt note it be strong instance by Lutwiche in the common plea  that a tolt do not lie in a personal action and the court seem to be of the  same opinion memorandum modern case certiorari by holt chief justice it shall  be a rule for the future that upon the move of indictment here by certiorari  we will not bear a motion in arrest of judgement until the defendant have  appear modern er p
case anonymous tout temps pres holt chief justice one must plead tout temps  priest always before imparlance a
case anonymous tout tempsprist can be plead after imparlance cro James contra  the question be whether tout temps priest be a good plea after a general  imparlance it be insist for the plaintiff that this plea be repugnant because  the imparlance prove the contrary it be true that in a action of debt upon a  bind such plead good after a imparlance because it be to save the penalty and  it be hold in dyer b that uncore priest alone without say tout tem S in such  case be good though Leonard the cuslos narrow places who be a learned man be  there of another opinion but when a single duty be demand and the party be  entitle to damage for nonpayment in such case the plea of tout tem psalm  priest be not good and though it be object that the difference be that the  defendant after imparlance shall not plead any thing contrary to the matter in  the declaration to which he have imparle as bastardy to a action bring by a  heir c yet the court be all of opinion that the plea be not good because it be  inconsistent with the imparlance for petit freedom interloquendt be no more in  English than for the defendant to say will take time and resolve what to do  which be contrary to be always ready modern er p hilary term the twentyseventh  and twentyeighth of Charles the second in the common plea sir Francis north  Knt chief justice sir Hugh Wyndham Knt sir Robert Atkins Knt sir William Ellis  Knt justice sir William Jones Knt attorneygeneral sir Francis winnington Knt  solicitor general
case anonymous transitory action the court many time will fix the transitory  action where the defendant have not bad probability of a indifferent trial
case anonymous trespass be local but trover transitory c Powell justice there  be a great difference between trespass and trover as to the action be local c  for trespass be local but trover be transitory trover lie for tree when they  be cut down because then they be chattel but before they be cut down they  participate of the nature of the land and trespass lie but suppose after a man  have cut down a tree if he carry it away can be be indict for felony holt  chief justice No a see hawk p c ch S a but trover lie for carry it away for it  be a chattel so soon as it be sever from the freehold and for the sever  thereof trespass lie modern report er p trinity term the seven of queen  whether in the common plea Thomas Lord Trevor chief justice sir John blencowe  Knt Thomas bury Esq Robert Tracey Esq justice sir Edward Northey Knt  attorneygeneral sir Simon Harcourt Knt solicitor general
case anonymous trespass holt chief justice trespass may be joint or several as  the plaintiff please though the fault be the same in respect to he but be  several as to the agent because the act of one be not the act of the other
case anonymous trespass lie against bailiff for break a house c bailiff break  a house to execute their process and the court will not grant a attachment but  bid the party bring his action of trespass where the bailiff may break open a  house c vide cro Elizabeth cro car cro James           Bulst hob roll Owen  Yelv gold Leon roll Jo comb post note to the former edition see also foster  crown law lee v Gansel Cowp Cooper v boot term Rep a
case anonymous trespass without way et arms ill in trespass the declaration be  without way et arms upon general demurrer this omission be fatal for it be  substance and alter the entry of the judgement which ought to be with a capias  when the action be way et arms otherwise with a pity
case anonymous trial at bar of land in Northumberland burr to Rep Jones move  to have a trial at bar for land in Northumberland of fifty pound per annum  Kelynge chief justice it be a great way off and never any jury come from  thence in your time Twisden justice but I have be of counsel in cause wherein  trial have be grant at bar for land there we have lose Cornwall no jury modern  er p from thence come to the bar and we shall lose Northumberland too the  other side to show cause
case anonymous Trinity term James roll a variance which render the sentence  insensible be fatal Cowp dougl term Rep debt upon a obligation the defendant  after issue of duress at the nisi prius relict verificatione to say quod ipse  non to be able to dedicate act nec quin ipse to be Himself law et scribe  prediction fecit voluntary and thereupon judgement be enter and the error  assign because the entry be quod non to be able to dedicate where it ought to  have be to dedicate which make all the sentence vicious and insensible and be  not amendable and of that opinion be the whole court wherefore it be reverse  croak James er p
case anonymous twenty day to except against bail bail can justify before a  judge except by consent but must appear personal in court note there be twenty  day to except against bail after notice and bail can be justify before a judge  in his chamber except it be by consent or for necessity in vacation but in the  Iatter case they ought to be justify again in term and upon that the defendant  be compel to accept a declaration to go to trial at the assize if it be a  issuable term and upon put in bail it be not enough to give notice of their be  put in but it ought to be of their name place of abode and trade or vocation  that the plaintiff may know how to inquire after they and after exception to  bail there be modern no set time to justify or exchange they for better but it  must be in convenient time
case anonymous vagrant before a hawker pedlar or the like can be deem a  vagrant he must be wander abroad and out of his own parish a see Geo c king v  little burr king v Redfearne term Rep a
case anonymous variance hetween the writ and the count a nte a writ of  warrantia chartce be bring of two message and twenty acre of land wherein he  count that the defendant feoff he of the say message and twenty acre per nomen  One tofti Elizabeth made of twigs striped land exception be take hereto  because that which come under the name of per nomen do not warrant the count  for the two message can pass by any word contain under the per norn n Sed non  allocatur for it may be there be only toss there at the tirne of the purchase  of the two message and they may since that time have be build wherefore it be  adjudge for the plaintiff
case anonymous variance post error the error assign be that the defendant in  the original action of debt be name recently de London and in the exigent de  London and all the court hold it to he a error for the original be the  foundation of the suit and the exigent be to pursue it without variance and  the word recently be omit out of the exigent it be erroneous a
case anonymous venue change per curian if rule of plead be not deliver though  the declaration be of another term yet the venue may be change
case anonymous venue change to the next county to county palatine a action for  word be lie in London and a affidavit for change the venue be that if any such  word be speak by he they be speak in the county of Lancaster c and because the  court can not order a trial there it be a county palatine they change the  venue into the next county videlicet into York though the proof lie all upon  the plaintiff who have all his witness in London and that the defendant can  not prove a negative videlicet that he have not speak the word otherwise than  indirect by produce those that be in the room at the time and that they do not  hear any such word or that no such discourse be c
case anonymous verdict on a void award judgement arrest to a action of debt  upon a award the defendant set forth a void award and plead performance the  plaintiff join issue upon the performance and a verdict be give for the  plaintiff and move this in arrest of judgement and judgement thereupon arrest
case anonymous vern lev Ventris Mod vin Abr pl a city orphan can by will  before dispose of his orphanage part so as to prevent survivorship in this  case be cite a case of Ambrose versus Ambrose and another of Rawlinson content  Rawlinson where it have be certify to be the custom of London and be accord  decree by the Lord chancellor Harcourt and Cowper successive that if a city  orphan die before his orphanage part survive to the other orphan and that he  can make no disposition by will to contradict it but if he die after at which  time he may have by will dispose of it there though he die intestate it shall  go accord to the statute of distribution between his moth r and survive  brother and sister and that in the other case the survivorship hold only as to  the orphanage part belong to himself for that if he have by survivorship the  part of any other of his brother or sister that shall go accord to the statute  of distribution and it be also say that if a man marry a orphan yet till his  right be not so vest as to prevent his wife share from survive in case she die  before though whether the marriage be before or after precedent in chancery  the husband be fineable and may be commit if he have not the licence of the  court of orphan
case anonymous vide the next page Harding v Salkill if action be bring against  a administrator by name of executor he can plead in bar ne unques executor and  give in evidence he be administrator because be allow himself to be suable
case anonymous vide Vol h Lord Clifford case first process of contempt against  a menial servant of a peer of the realm be a sequestration nisi Mr hale move  for a sequestration nisi for want of a answer against a menial servant of a  peer of the realm as the first process for contempt in the same manner as in  the case of the peer himself and though the motion be grant by the master of  the roll yet the register refuse to draw it up as think it against the course  of the court upon which Mr hale move it again before the Lord chancellor who  upon read the statute W cap grant the motion likewise it appear to be both  within the meaning and word of the statute and if it be not so as it be plain  no attachment will lie against their person consequent there will be no remedy  against they and they will have a great privilege than their lord if the  process against such menial servant be to be a subpoena by stat Geo c menial  servant of peer be place on the same foot as other person peer William de term  S the number three
case anonymous Vill be a constabulary holt chief justice a will and a will age  be the same and a hamlet be a division of a will Edward the whole will be a  constabulary and a hamlet be common a tithing a king v Yates ante b see hawk p  c ch S modern report er p
case anonymous Viscomiti land to take beforehand flute instead of viscount  land to take beforehand thou be hold amendable after verdict barn S c this be  a motion to amend the declaration deliver and the award of the court thereon  land be in the margin the fact be lie at Tame in the county of Oxford but the  award of the venire be to the sheriff and go to the sheriff of Oxford and be  try by a jury of the county of Oxford and after a verdict it be insist that  this be a mistrial for be lie in London for London be in the margin and the  award of a venire be to the sheriff there be but one sheriff unless in London  comens er p it must be intend to the sheriff of London and then the sheriff of  Oxford have no authority to return the jury but by the court the award be  amend for by the statute h c a letter too little or too much be amendable and  a award of the court may be amend comens so viscomiti land to take beforehand  flute instead of viscount land to take beforehand thou be amend
case anonymous warranty collateral be for the security of purchaser holt chief  justice the true reason of collateral warranty be the security of purchaser  and for their encouragement as also for the establish and settle the estate of  such as be in by title or descent cast and this be the only security such  person can have at commonlaw a and because the estate of such a in what case  executor may be arrest see side comb Mod salk term Rep a see hawk p c that  edit ch S and the case cite note a a see king v Maccarty salk king v Nuntilde  ez stram king v Ellis king v bray Abraham who tam v Bunn burr king v moise  stram Anonymous Mod and hawk p c ch S c a see Littleton sect black Com modern  report er p person as be in by title be much favour in law these covenant that  be for strengthen of they be favour likewise and in those day there be no need  of a lineal warranty but however the force of that be take away by the statute  de gift and common recovery be not upon the supposition of recompense in value  and never be within the statute but always as much out of it as if it be so  mention by express word and this he say be my Lord hale opinion
case anonymous what shall constitute a riot per curian if a number of person  meet peaceable on a lawful occasion and a sudden fray happen between they it  can be make a riot but if several meet upon all unlawful occasion and a sudden  fray happen between they and a person who come upon a lawful occasion join in  the fraySee the case of king v Royce burr a it may make he a rioter as well as  the rest
case anonymous when a writ must be file holt chief justice if a writ be  returnable this term and do not come in until the next it ought to be file of  the term whereof it be returnable note the same thing be rule by he in  Michaelmas term in the four year of queen whether
case anonymous where a conviction disable a man from hold a office return to a  mandamus of the cause without state the conviction be good mandamus be to  swear a alderman they return that he be a maintainer and frequenter of  conventicle c the court much doubt if good because too general but agree that  where the conviction will be a disability a return of that thing or cause  without mention a see gilbert pract Geo c S and Geo c S and Tidds pract b  Bulst cro James cro car salk c Jones d see rule Hilary term James Tidds pract  e see the case of barber v Edward post Martin v more stram Com dig notorious  facts shower KB er p any conviction be a good return for that it must be prove  in a action on the case for a false return
case anonymous where a defendant be in actual custody the bill must be file  before a copy of it be deliver to the gaoler it be hold by the court that it  be not sufficient to deliver a copy of a declaration to the turnkey or gaoler  modern report where the defendant be in custody see will mary c a unless the  declaration be first file in office and therefore where a judgement be have  upon a declaration so deliver it be set aside by the court and if judgement be  regular obtain against such defendant the plaintiff must charge he in  execution within two term afterward and not after those two term be expire or  if he be charge afterward the court will discharge he with cost
case anonymous where a executor be plaintiff money ought not to be bring into  court c per curian it have be settle here on debate that money ought not to be  bring into court to have it strike out of the declaration where a executor be  plaintiff but you may plead a tender and tout temps priest
case anonymous where a whole county be concern in a trial it shall be by a  jury of a neighbour county per curium where a whole county be concern in a  trial as in a information a S c salk S c ld ray see Sweetapple v goodfellow  stram smith v Nicholson stram S c will Parry v Campbell term Rep Dudley v  Stokes black Rep lane v Bacchus term Rep forelocks v archer burr Jaques v  Nixon term Rep a see Anonymous ante modern report er p for not repair a  highway or a common bridge the trial shall be by a jury of a neighbour county  and a suggestion must be make upon the roll of the cause of its be try in  another county videlicet that it concern the whole county a
case anonymous where bail be discharge upon the surrender of the principal  ante the practice of the court of king bench be that where judgement be obtain  against the principal the bail may surrender he at any time before the return  of the first to know facias where it be afterward return to know to make or at  any time before the modern report er p return of the second to know facias  where two nihils be return and if the plaintiff proceed by action of debt on  the recognizance the bail may surrender the principal within eight day after  the return of the writ the principal case be a action of debt on the  recognizance against the bail and the writ be returnable the essoinday of the  term and the principal be surrender and a exoneretur enter on the bailpiece  the fourteenth day of January so it be move that the bail may be discharge and  they be discharge accord
case anonymous where cause of action arise in two county it may be lie in  either per holt chief justice if a cause of action arise partly in one county  and partly in another it be in the election of the plaintiff to lie it in  which county he please as if a country chapman send a letter to a tradesman in  London to send he good into the country he deliver they accord and they come  to the chapman hand there the cause of action arise in both county he may lie  they in either a
case anonymous where matter though amount to the general issue may be special  plead per curian if a special matter be plead which look like the colour of a  plea but amount to the general issue it be no cause of demurrer as if in debt  you plead a release though you may have give it in evidence on nil debet yet  it be no cause of demurrer so in debt for rend if you plead entry and  expulsion it be no cause of demurrer though it may be give in evidence on nil  debet modern er p
case anonymous where the debt be entire satisfaction must be acknowledge for  the residue holt chief justice if you bring debt or annuity and part of the  quarter be pay you must acknowledge satisfaction for that and declare for the  residue a modern report trinity term the seven of William the three in the  king bench sir John holt Knt chief justice sir William Gregory Knt sir Giles  Eyre Knt sir Samuel Eyre Knt justice sir Thomas Trevor Knt attorneygeneral  John hawles Esq solicitor general
case anonymous where the defendant ought to plead in chief the defendant have  leave to plead de to make new within four day within which time he ought to  have plead in chief but instead of that be plead a outlawry of the plaintiff  in disability c and thereupon the plaintiff sign judgement for want of a plea  in chief within the four day modern report er p and this be hold regular but  upon payment of cost and give the plaintiff judgement in debt for his security  and bring twenty pound into court and plead to issue immediate the judgement  be set aside
case anonymous where the first to know facias returnable wherever the second  ad diem at Westminster a to know facias to revive a judgement against a  executor mention first a day of appearance in person we wherever but after  give day to the party to appear all the day aforesaid all Westminster it be  now move to amend it but the court say that it be in the writ they can not do  it of grace or favour but will give day to show cause why it shall not be  amend ex deservedly the whole of the laws and the plaintiff for his expedition  move to quash it
case anonymous wherever there be a gaol there must be a right of gaol delivery  holt chief justice the owner of the gatehouse prison have no charter to sue a  commission of gaoldelivery and it be hard to maintain a right to a gaol  without such a liberty there be a Act of parliament that all felon shall be  commit to the countygaol the meaning of which be if there be not a franchise  and power to sue for a gaoldelivery and such suit must be make in chancery  modern er p
case anonymous whether a subpoena serve and a bill file be a lie to hang  against all person agree it be not if there be only a subpoena serve and no  bill file that a subpoena serve and bill file be a lie to hang against all  person but the service of a Vernon chancery case subpoena without a bill be  actual file make no lie to hang but the bill be file the lie to hang come from  the service of the subpoena though it be not returnable till the next term and  though the party life never so remote for otherwise a man upon the service of  a subpoena may alien his land and prevent the justice of this court but that  be by the counsel observe to be a hard fiction in equity to bind purchaser it  be propose that some course may be take by have some public record or calendar  keep whereunto purchaser may have resort and see what land be in demand in  this court as they may at law in case of fine cur advisare vult vide Preston v  tubbin ante
case anonymous who may pray a tale per holt chief justice the plaintiff be not  bind to pray a tale but only to bring in the record for trial if he do not  pray a tale the defendant may
case anonymous whole hundred be the visne holt chief justice the whole hundred  where the place be be the vicinetus thereof
case anonymous wife be conversation evidence against baron debt by husband and  it appear to have become due to his wife as a separate dealer a discourse of  the wife concern it be give in evidence for the defendant a at the first nod  holt
case anonymous wife indict by husband admit in form poor man a feme covert be  indict by her husband for poison his cow with bruise glass put into their  grain and she be admit in form poor man though the court say the husband can  not convict her
case anonymous witness a and b two brother the good of b in his house be take  in execution a suppose they to be his good bring trover and b and his wife be  deny to be witness to prove they the good of a though it be to divest the  property out of themselves because it savour of fraud Qure
case anonymous witness where several defendant be in a information and some of  they have not plead the attorneygeneral may enter a nonpros as to they and  they be good witness
case anonymous wms a judgement shall have no relation but from the time of  sign it be hold by my Lord chancellor that upon the statute of fraud and  perjury a judgement shall have no relation but from the time of the sign not  only as against purchaser of the land themselves but also as against prior  judgement enter in the grand session of Wales to which that statute do not  extend and therefore as object the judgement in the common plea though  subsequent in time to the other judgement at the grand session yet if it may  relate to the first day of the term it will take place of the other judgement  but my Lord say that a man who trust his money on a judgement be in some sort  a purchaser of the land as lie may take out execution and extend the land  itself and therefore if he find no judgement prior he think his security good  and that the rule the statute have lie down for the safety of purchaser of the  land themselves be a good rule to follow in the present case andthe relation  be not to be favour in a court of equity precedent in chancery but sir Thomas  powis insist strong that the statute extend only to purchaser of the land and  therefore say a judgement shall have the same rotation still as it will have  have at commonlaw against a voluntary settlement or against one who come to  the land by any conveyance without valuable consideration and this be not deny  by the court but in the present case if the subsequent judgement in the common  plea shall have such relation it will defeat real creditor who trust to the  priority of their judgement which my Lord chancellor think ought not to be  overthrow by a fiction of law precedent in chancery de boundary S HILLARII in  curian porter
case anonymous word actionable post action for these word of a attorney thou  art a knave and stir up suit betwixt party and stir up a suit betwixt such  party to their undo and it be great pity such person shall go  unhanged  Adjudged for the plaintiff that the action lie
case anonymous word can be render actionable by innuendo ante TermRep action  for these word the plaintiff have forswear himself  rinnuendo before the  justice of the assize of c the whole court hold that the word be not  actionable for the precedent word be not sufficient of themselves and the  innuendo shall never help they wherefore it be adjudge for the defendant
case anonymous word import a theft be actionable though they do not immediate  impute felony cro James Cowp action upon the case for these word thou art a  cornstealer after verdict for the plaintiff upon not guilty plead it be move  that a action lie not for these word for it be not allege of what value and it  may be under twelve penny value and so not felony it may also be that the corn  be grow and so no felony say non allocatur for the value be not material  because the action will lie for call he thief general it shall not also be  intend but of such corn which may be steal and not of corn stand wherefore it  be adjudge for the plaintiff
case anonymous word may be actionable though they contain no direct and  positive assertion Mr sergeant darnel move in arrest of judgement in a action  for word the word be you have forget since you live in the BlackBullYard you  be a rascal and a villain there you can manage broad money and can clip it  when you have do and there the shears can go he insist upon it that modern  report here be nothing in these word allege but only a power of do but no  positive charge Powell justice say take the word all together they will bear a  strong intendment that the fact be do holt chief justice put this case suppose  a man be dead and a say John of style can have murder he quare if this will be  actionable the court take two or three day to consider of it but afterward the  plaintiff have his judgement
case anonymous Writ of appeal shall be return non invention before capias go  per curian the original writ of appeal ought to be return non be invention  before a capias award
case anonymous Writ of enquiry and it be also say by he that though defence be  make upon a writ of enquiry yet it will not aid a judgement if irregular  obtain modern report hilary term the eight of queen whether in the queen bench  sir John holt Knt chief justice sir John Powell Knt sir Littleton powys Knt  sir Henry gold Knt justice sir James Montague Knt attorneygeneral sir Robert  Eyre Knt solicitor general memorandum case memorandum holt chief justice be  sick can not attend this term except one day which be Thursday the nine of  February
case anonymous Writ of error be a supersedeas a writ of error be a supersedeas  to all proceed on that judgement a see salk barn Bl Rep Com dig pleader b a
case anonymous Writ of error can be quash before error assign per curian a  plaintiff in error can move to quash his writ of error before error assign a  king v Slatford Mod king v mayor of Oxford salk king v mayor of Abingdon salk  S c ld ray king v saint John Cambridge Mod king v march burr a if a principal  pen suit become a peer trinder v Shirley dougl or member of the house of  Commons Langridge v flood Tidds pract or be convict and sentence to  transportation the court will permit a exonera to be enter on the bailpiece  wood v Mitchel term Rep or the bail be permit to deliver he to the marshal  Peter verge case stram except he be actual on board the transport foul v  Deemer burr b see Hutchinson v smith Mod Wilmore v clarke ld ray Whitehead v  gale barn peregal v Mellish term Rep and Rawlinson v gunston term Rep in which  last case it be determine that if the principal die after the return of the  can sa and before the return be file the bail be fix and the court will not  stay the fill of the return in favour of the bail modern report er p
case anonymous Writ of error for a supersedeas without notice per curian a  writ of error allow by the chief justice or clerk of the error be a  supersedeas though the attorney of the other side have no notice and the  notice be only to bring he into contempt a see Parkins v woollaston Mod S c  salk Sweetapple v goodfellow stram S c ld ray smith v Nicholson stram S c  Wilson taking v archer burr Jaques v Nixon term Rep Parry v Campbell term Rep  a modern report er p
case anonymous Writ of error must be on a common return a writ of error must  be of a common return if on a day certain it be nought where the writ of error  be wherever the to know facias ought to be on a common day
case anonymous Writ of error on a judgement against principal be no  supersedeas of proceed against the bail but a subsequent capias against  principal be irregular upon motion agree per curian that a writ of error on  the judgement against the principal be not a supersedeas to the proceed  against the bail though when the first judgement be reverse the other fail but  yet if a capias be award against such principal after the writ of error be  bring it be irregular and shall be set aside because improvident to flow out  per tout Le court a a due dyer Inst Rushworth and see Wickham v Hobart strange  Chester v Upsdale will king v Wilkes will and the resolution of the house of  lord June a see pool v Charnock that the court will in general stay the  proceed against the bail pen a writ of error on the judgement against the  principal unless the principal have confess that the writ of error be bring  pure for delay term Rep but see Christie v Richardson term Rep carter v Robert  term Rep rock v cool ante notorious facts and if a capias be returnable  against the principal on a particular day before which a writ of error be  allow and serve it operate as a supersedeas to any proceed against the bail  although the capias have lie four day in the office before the allowance of  the writ of error very v Campbell term Rep shower KB er p
case anonymous Writ of error shall not stop execution begin holt chief justice  though a writ of error be a supersedeas in itself yet after execution begin it  shall not hinder it but the sheriff may go on and on a become facias sell the  good modern report michaelmas term the eight of William the three in the king  bench sir John holt Knt chief justice sir Thomas Rokeby Knt sir John Turton  Knt sir Samuel Eyre Knt justice sir Thomas Trevor Knt attorneygeneral John  hawles Esq solicitor general
case anonymous Writ of error vary from the record do not remove it Writ of  error be to remove a record in person I n soldier I p soldier et Jo Bl soldier  just our men de banc and placita return be in person g Treby chief justice c  et associate a see Mitfords plead modern report er p and it be move to quash  the writ for variance holt chief justice the plaintiff attorney may have sue  execution notwithstanding this writ for it be no authority to remove the  record and the writ be quash nisi
case anonymous wrong recital no error to set aside a judgement holt chief  justice in debt if the original be recite to be attachiat instead of summon  yet we can reverse the judgement because it be only a recital
case anonymous yeoman of the blackrod be deputy to the usher of the blackrod  in assumpsit for money receive to the plaintiff use the question at the trial  be who be the rightful yeoman of the blackrod a and it be say he be a officer  under the usher of the blackrod and in nature of a deputy to he and therefore  to be nominate by he and it be compare to the case of sheriff who alone may  make his own undersheriff it be agree that the usher himself be create by the  king and be a patent officer under the garter seal and so be the clerk of the  lord and per holt chief justice if the king grant a office to commence after  the death of a who have nothing in the office it be void note the privy signet  or sign manual be nothing but the king sign his name W king a Allen v  Brookbank salk Mod Carth b in the Hilary term follow it be determine that the  service of a declaration in ejectment on a Sunday be void tailor be case post  S p walker v town bar king b and in easter term Geo in the common plea it be  determine that service of notice of declaration on a Sunday be have though the  defendant accept it know it to be irregular Morgan v Johnston h Bl r p a see  sir William sanderson v Bignal stram duppa v Gerrard show comb holt modern  report er p modern report hilary term the thirteenth of William the three in  the king bench sir John holt Knt chief justice sir John Turton Knt sir  Littleton powis Knt sir Henry gold Knt justice Edward Northey Esq  attorneygeneral sir John hawles Knt solicitor general
case ANOXYMOUS to say of a trader that he be a beggarly fellow and not able to  pay his debt be tantamount to call he a bankrupt ante roll ab side lev Carth  raym stram ld raym Com dig action for word whereas the plaintiff be a grocer  and live by his trade of buy and sell that the defendant to scandalize he say  of the plaintiff he be a beggarly fellow and not able to pay his debt upon not  guilty plead and find for the plaintiff roll move that these word be not  actionable but all the court against he that the action lie for these word  tantamount as if he have say he have be a bankrupt
case anthony FLOYERS case in the court of ware a infant shall not be in ware  for land which original come to his mother by inheritance SC   more dyer    light S palm hob Leon Anthony Floyer and Ann his wife be seize in fee of the  manor of Burston in right of Ann hold of the king by knightsservice in capite  in n Elizabeth levy a fine with a remainder to they and to the heir of the  body of anthony remainder to the right heir of Anthony afterward James they  levy a fine of that manor sur conusance de law come Ceo c to the use of  themselves for their life remainder to Anthony their first son in tail  remainder to other of their sun remainder to the right heir of Anthony  afterward Anthony the father die Ann the wife survive Anthony the son be  within age and the question be whether he shall be in ware for his land or  body resolve by the two chief justice and chief baron that he shall not  because the estate limit to the wife be her ancient estate which she have by  the first fine which be extract out of her own inheritance wherefore during  her life there be not any wardship for the three part of the land or body for  the husband be not sole seize at the time of the second conveyance make so out  c f the intent of the statute and word of Henry c l by Henry c S tenant by  knightsservice be authorize to alienate two par of their land c at their will  and pleasure save and reserve to the king the wardship c of a three part of  the same but by car c all wardship c be abolish and all tenor by  knightsservice with their fruit and consequence take away and turn into free  and common soccage croak James er p croak throw hilary term James in the king  bench sir Thomas Fleming Knt chief justice sir Christopher Yelverton Knt sir  David William Knt sir John croak Knt justice sir Henry Hobart Kilt attorney  general sir Francis Bacon Knt solicitor general
case any against andrews a promise make by a to pay a debt due from b to c in  consideration that c bring two witness to prove it on oath before a justice of  peace to be a just debt be good and will sustain a assumpsit S C Danv ante  post cro Elizabeth sand Mod Mod salk ld ray ld ray stram stram assumpsit the  plaintiff declare that whereas the father of the defendant be indebt to he in  twenty pound for malt sell and promise to pay it that the defendant in  consideration that the plaintiff will bring two witness before a justice of  peace who upon their oath shall depose that the defendant father be indebt to  the plaintiff and promise payment assume and promise to pay the money then  aver that he do bring two witness c who do swear c the defendant plead non  assumpsit which be find against he sergeant Baldwin move in arrest of  judgement that the consideration be not lawful a see the case of elm v will h  b Rep a because a justice of peace not have power to administer a oath in this  case it be a extrajudicial oath and consequent unlawful modern er p and  Vaughan chief justice be of opinion that every oath not legal administer and  take be within the statute against profane swear a and be say it will be of  dangerous consequence to countenance these extrajudicial oath for that it will  tend to the overthrow of legal proof b Wyndham and Atkins justice think it be  not a propbane oath nor within the statute of king James because it tend to  the determine of a controversy and accord the plaintiff have judgement
case appleton against burr easter term Elizabeth roll error assign on a  judgement in a action for a escape ante post cro James error upon a judgement  in a action upon the case in the common plea the plaintiff count that he have  sue t b and have a process to arrest he direct to the defendant be croak  Elizabeth sheriff of Essex and thereupon he send his warrant to the bailiff of  the franchise of S to take he who arrest he and deliver he to his deputy and  he suffer he to go at large and have not his body at the day of the return in  loss debt is owed Himself periculum foster assign diverse error first he do  not allege he deliver to he within the county and then the sheriff have not  cause to detain he second he do not allege he let he at large without surety  for he ought to take surety of he if offer three he allege he have not his  body at the day and perhaps he appear of himself and then the plaintiff have  do prejudice four for that he say in loss debt is owed periculum which be not  material if he lose it not indeed Godfrey argue content but the court give no  opinion a
case April first seal after easter term a plaintiff may serve any two of the  defendant commissioner with notice of the execution of the commission and be  not tie down to those only as the defendant shall choose a commission issue  out of chancery for the examination of witness direct to Sweden after each  party have strike off four there remain four of a side the plaintiff now move  that he may be at liberty to serve any one or two of the defendant  commissioner with notice of the execution of it atkins Mr Bignell for the  defendant insist that accord to the rule of the court the plaintiff ought to  serve such two of the defendant commissioner as he shall choose or otherwise  it may be in the power of the plaintiff to choose those out of the four that  he like best which may be a prejudice to the defendant Lord chancellor order  that the plaintiff shall be at liberty to serve any two of the defendant  commissioner and that the rule can never be as Mr Bignell lie it down because  it will be attend with this inconvenience that if the two particular  commissioner choose by the defendant shall happen to be absent from the place  appoint for the execution of the commission or either of they shall be dead it  can not be execute and for that for reason the court let we four commissioner  stand on each side to guard against such accident
case April on exception to a master report where a deed happen to be lose you  can at law read a copy because you must declare with a profert hic in curian  and therefore you may bring a bill here to be relieve against the accident of  the original be lose Lord chancellor lie it down in this case that where a  rentcharge be grant by deed and the deed happen to be lose you can read a copy  in evidence at law because you must declare with a profert hic in curian as  the defendant be entitle to oyer of the original so that the plaintiff must  either set up a prescriptive title to the rend from a constant and  uninterrupted payment or he must bring his bill to be relieve against the  accident of the original be lose the same rule hold in the case of a bind for  though a hundred witness can prove the substance of it yet it be not  sufficient at law for you must declare upon it with a profert hic in curian so  foot v Jones cite ante vol Walmsley v child Ves WhiIfield v Fausset Ves contra  totty v Nesbit term Rep note see also Atkinson v Leonard bro Charles Rep
case aquila week case if a record in a action for a escape from execution  recite the judgement to be of one term and in the nisi prius roll it be enter  of another term a venire de to make new shall issue although the misrecital be  by misprision palm godb Aquila week keeper of the Gatehouse be sue in a action  on the case for suffer I S to escape who be in execution upon a judgement in  Trinity term car he plead croak car not guilty in London and it be find by  nisi prius and because the record of the nisi prius mention the judgement to  be in Trinity term car which be a misprision of the record the plaintiff be  nonsuit and now it be move by Germin for the plaintiff that by reason of this  misprision the record of the nisi prius be not warrant by the roll and the  nonsuit thereupon be null the postea shall not be record nor enter for there  be no warrant for this record of nisi prius wherefore it be pray that a  distringa de to make new may be award and upon the show of two precedent in  this court a distringa de to make new be award
case archbishop OF york versus January in court Lord keeper Eq can ab pl No  writ de caution to send to ought to issue till affidavit file that the bishop  refuse to admit of caution upon a motion make by Mr Pellwood for a supersedeas  to a writ de caution to send to for that they have take a writ to the sheriff  without any affidavit file that the bishop refuse to admit of caution and for  that reason a supersedeas be award and the Lord keeper declare that find this  court often trouble for writ de caution to send to he think the right of it be  that if there be a sentence for a man to pay money or to do any other thing in  the spiritual court a man ought first to perform that before he be admit to  his writ de caution to send to this be a writ that lie to a bishop where one  take by force of the writ de excommunicate to take in hand offer sufficient  pledge or caution to obey and submit to the ecclesiastical law for the future  to admit the caution and to deliver he it may be direct to the ordinary  himself to command he to be deliver which the ordinary may do by word wood  Inst vide also writ de excommunicate deliberand ibidem page for it be in vain  to take security to appear order church while a man refuse to obey the  sentence say Qure for suppose a man be excommunicate for not come to church or  not receive the sacrament how can he do that till his caution be admit and he  absolve
case archer against green a reentry before the proclamation have pass will  destroy the fine dougl   Ant formedon the tenant plead a fine with  proclamation in bar by one Richard the demandant ancestor the plaintiff reply  that Richard enter upon his father be tenant in tail and levy the fine and  before the proclamation pass the father reenter and die c and by the whole  court it croak Elizabeth be hold to be a good replication and the bar well  avoid d for when the father reenter before all the proclamation pass the fine  thereby be avoid to all purpose as well to himself as to the son who levy it  but if the proclamation have incur before his entry although he have reenter  within the five year and die yet it shall have bind the son and his heir for  ever
case archer against SWETNAM a libel lie in the spiritual court for defame the  establish religion motion for a prohibition to the spiritual court the  plaintiff be prosecute there for say I will not be of the communion of the  church of England upon any consideration for I believe if I be I shall be  damned the reason offer for the prohibition be because the libel be for a  contempt against the commonprayer book whereas this be not such a offence the  court be of opinion that though it be not a offence against the commonprayer  book yet it be certain of spiritual cognizance therefore the prohibition be  deny
case archer case in debt upon account the defendant can wage law more post Com  dig   light a account against archer as bailiff of his manor of d the  defendant Gam ed his law and have day to make it and at the day he be ready to  make this law it be rule that leygagger lie not in this case for it be a  matter triable per pais whereof they may take conusance whereupon a repleader  be award croak Elizabeth er p
case ardern against darcy a writ of estreapment awarder in a action of waste  post Henry c   Edward I c   light Edward I c Inst waste the plaintiff pray a  writ of estreapment against the tenant and his servant Anderson doubt whether  it lie or no because the plaintiff be therein to recover his damage but  Walmsley and Heaumond hold clear that it well lie for it man he the damage be  more than the tenant can recompense if he have destroy the house and wood and  they rely upon Edward pl Richard Estreapment it is pleasing ultimo et f n b  which authority be direct that a estreapment lie in this action and Brownlow  the prothonotary say that there croak Elizabeth er p be not any precedent as  he rememhered that it have be croak Elizabeth award in a writ of waste but he  say he can show precedent where it be award in a writ of entry sur seize and  the court say they be all one for there damage be recoverable the court also  command they to search precedent whether it lie against servant for they doubt  thereof but it be afterward award a
case ards against Simpson warranty by tenant for life will not bind the heir a  feme covert in remainder and she may enter alone and bar the fine   light a I  wood con salk ejection firm upon special verdict the case be the father be  tenant for life the remainderto his daughter and heir apparent be a feme  covert in fee the father make a feoff to diverse use with warranty and after  levie a fine with warranty and die the daughter for herself and in the name of  her baron and by his consent enter within the year after the fine claim the  land as her inheritance and afterward they let the land to the plaintiff two  question first if this entry by the feme only be good second if this warranty  descend upon her during the coverture shall bind her and it be hold by the  justice that this entry by herself alone the baron agree to it be good second  that the warranty descend upon her during the coverture where her entry be  congeable do not bind her and at another day full and grey move that although  the warranty do not bind the feme after the death of the baron yet it shall  bind the husband for he may have enter before the descent of the warranty  which he not do be bind as a descent during the coverture but it be adjudge  for the plaintiff for the warranty do not descend upon the baron but upon the  feme only and be void to bind her shall not bind he a a by Ann c S all  warranties by any tenant for life descend to any person in remainder or  reversion be void and all collateral warranties where the ancestor have no  estate of inheritance in possession be void against the heir   light b croak  Elizabeth er p
case ards against Watkin Trinity term Elizabeth roll a devise may he of part  of a rend to he equal divide hetween three and debt lie by each devisee for  his share of the rend ante post I roll Abr Q lev   light skin Com dig Bac Abr  salk Cowp upon demurrer the case be lessee for thirty year of a parcel of land  call Shortwood let we it for twentyeight year render rend per annum and after  devise parcel of that rend to his three son several to every of they a three  part one of they bring debt for his part of the rend and whether this action  lie or not be the question it be argue by Etydgley for the plaintiff and by  Nichols for the defendant Gawd V and Fenner hold that the action well lie for  there be no doubt but that rend may he devise and he divide from the reversion  for it be not mere a thing in action but quasi a inheritance as knoll case be  a and in Henry Bysdens case b if lessee grant over all his term in part of the  land yet it be Chargeable in a action with the entire rend for he by hisact  can apportion it and by the grant of part the lessee be not compellable to  attorn for then he shall he liable to two action or two distress but the  devise be quasi a act of law which shall inure without attornment and shall  make a sufficient privity and so it may be well apportion by this mean  wherefore c Popham and Clench contra for as the lessee by his own act shall  not divide the lessors contract nor apportion his action so likewise the law  favour the lessee that the act of the lessor croak Elizabeth shall not charge  he with diverse action or double distress but upon big voluntary attornment  and the contract be entire can be apportion but Popham agree that the rend be  well devisable and by that mean severable from the reversion and although a  thing in action can be transfer over nor be devise yet a contract which arise  from a interest in land or which be a interest may be well transfer over  wherefore c adjournatur a
case armiger against holland the king may grant a dispensation to hold a  church in commendam without the archbishop for the Henry c do not restrain his  commonlaw authority post Ro ab hob show lev Bl Com ante prohibition the case  be that doctor may be parson of Northereak in Norfolk be create a bishop and  the queen by her letter patent licence he to hold that parsonage in commendam  and afterward the queen present holland thereto who be induct and sue for  tithe and upon this matter a prohibition be bring coke pray a consultation for  the dispensation by the queen only be not sufficient for the Henry c appoint  how a dispensation shall he grant by the archbishop of Canterbury and confirm  under the great seal and the statute have word in the negative that it shall  not he grant in any other manner Godfrey this statute only transfer the  authority of the Bishop of Rome to the archbishop but the king by his  prerogative at the commonlaw may have grant such a dispensation which be not  take away by this statute g wdy and Fenner hold that the king have this  prerogative at the common Jaw for the henefice be make void by the queen act  and she may well dispense with her own act then although there he general  negative word in the statute the queen shall never he restrain by they unless  she he express name and this pierogative croak Elizabeth the statute never  intend to take away from the queen but gawdy say he doubt whether a  presentment upon such a avoidance appertain to the queen by her prerogative or  to the right patron coke I can show you the resolution of all the justice that  the queen in this case shall present Popham so be the common experience at  this day vide Elizabeth et adjournatur
case armiger against the bishop OF norwich and holland easter term Elizabeth  roll a bishop can grant a advowson appendant to a manor hold in right of his  bishopric for a long term than while he fill the see ante I and Savil   cro  James Brownl hard   light   Leon Leon roll Rep keb   lev Bac ab quare imlqedit  for the advowson of Northcreak in the county of Norfolk upon demurrer the case  be that the bishop of Norwich after the Elizabeth c S which croak Elizabeth er  p make lease and grant by bishop of their possession void unless lease for  croak Elizabeth twentyon year where the ancient rend be reserve grant that  advowson to the laintiff for twentyone year which be confirm by the dean and  chapter the advowson be appendant to the manor which he have in right of his  bishopric the say bishop be afterward translate and during the time that the  temporalties be in the queen hand the church hecame void another bishop be  afterward elect the queen present holland the defendant who be admit institute  and induct against who and the bishop the plaintiff bring a quare hinder they  plead tli e Elizabeth c S and whether this grant of the advowson he within the  statute because it be not such a hereditament whereof there can he any annual  profit nor any rend reserve be the question Secondly whether this grant he  void against the queen as well as against the bishop successor?After argument  at the bar it be resolve by the court that this grant be void by the statute  because it be parcel of the possession and hereditament of the bishopric and  therefore void as well against the queen as against the successor for the  statute make it void to all purpose but yet it be not so make void but that it  be good during the time that he who grant it continue bishop and it shall bind  himself so as he shall not avoid it wherefore it be adjudge accord for the  defendant
case Armitage against row it may be plead in bar that another action be pen  for the same cause prout to stand open per record before the issue be enter a  motion be make that the plaintiff may file his original and enter up the issue  on record for he have since arrest the defendant three time for the same cause  of action and the defendant doubt whether he may plead in bar another action  pen with a prout to stand open per record before it be enter per curium he may  if they do not enter it you may without any motion in court give a rule to  enter it holt chief justice the alter the ancient method of the common plea as  to the imparlance roll and the plea roll have cause great confusion former a  declaration be enter on the roll the same day wherein the writ be returnable  with a imparlance over to the next term which be call the imparlance roll and  then the next term they enter their declaration over again with a alias prout  to stand open on another roll which they call the plea roll but now the  prothonotaries have think fit to alter the course make the plea roll a  original roll of the subsequent term without a alias prout to stand open or  any relation to the precedent term except in the case of privilege and to know  facias where they now enter a alias prout to stand open there be a case some  time ago by writ of error in this court which be settle after great argument  videlicet moil v hawkey wherein there be entry with a continuance to the  subsequent term but no entry in the subsequent term with a alias prout to  stand open or any relation to the precedent term and yet we affirm the  judgement because of the new practice now introduce a see Blankard v Galde Mod  and burr a in what case money may be bring into court see Tidds practice to  modern report er p
case Armstrong against lisle till clergy have not bailable in manslaughter S c  post S c Kely S c Trem S c skin S c Carth S c comb S c salk S c holt per holt  chief justice we can bail lisle on a conviction of manslaughter before clergy  have a unless a pardon be ready to be produce sub pede seal and then we may  though attaint of murder or treason and so on a writ of error to reverse a  attainder we may bail he and bind he to prosecute a writ of error modern  report hilary term the eight of William the three in the king bench sir John  holt Knt chief justice sir Thomas Rokeby Knt sir John Turton Knt sir Samuel  Eyre Knt justice sir Thomas Trevor Knt attorneygeneral John hawles Esq  solicitor general
case arnold against KEMPSTEAD and wife d July devise of rentcharge out of his  real estate to his wife during her widowhood the wife shall elect to take  under the will or to take her dower see Villareal v Lord Galway post lib Reg a  foe S c Eden errington v sir Thomas Broughton d that that January Villareal v  Lord Galway post Jones v collier post William tap by will give his wife his  leasehold house in queen square Westminster for life remainder to William  Arnold son of his nephew John Arnold he also give her pound ayear during  widowhood to commence from his death pound to be pay within twelve month out  of his neat rend and profit of his freehold estate in queen square and give  her certain furniture and give his nephew John Arnold all his freehold estate  for life with ambler remainder to his son William Arnold in fee subject to the  payment of pound ayear to his wife during widowhood bill by plaintiff for a  account and that the defendant the widow may make her election either to take  under the will or to abide by her dower the widow by her answer insist on both  Q whether the devise in the will to the wife be to be consider as a  satisfaction for her dower the case of Laurence v Laurence vern be rely on for  the widow Lord Northington chancellor admit the principle in Laurence v  Laurence but say in this case it be the manifest intention of the testator to  give her the annuity in satisfaction of dower for he have dispose of all his  freehold estate subject to the annuity of pound which he have give his wife so  that she be to have no more out of his estate than the annuity her claim of  dower be in contradiction to the will and if she insist upon it she must give  up the devise accord to the principle in noise v mordant vern therefore she  must make her election which she accord do by her counsel in court to take  under the will ambler er p
case arscott against heal in the exchequer Chamber in debt against three  obligors one plead to loosen ad diem replication that neither the three nor  any one of they have pay on issue join verdict that the one have not pay be  good post   light a roll Abr hob cro James Com dig error of a judgement in the  king bench in debt upon a obligation of two hundred pound condition for the  payment of one hundred pound by John arscott John Chichester and John Vigniers  or any of they they be all joint and several obligors the defendant John  arscott plead that he pay it at the day the plaintiff reply that neither the  say John arscott John Chichester nor John Vigniers nec the dawn some have pay  the say hundred pound at the day et hoc petit quod to seek after c et  prediction Johannes arscott similiter croak car the jury find that the foresay  John arscott have not pay the say hundred pound as the defendant have plead  and thereupon judgement be give for the plaintiff and the error assign be  because the verdict be not accord to the issue for it may be pay by any of the  other which have suffice but the court hold it to be well enough for the  addition of John Chichester and John Vigniers not mention in the bar be but  surplusage and their find that John arscott do not pay the money be sufficient  and it shall not be intend that any of the other two have pay it when the  defendant say that he himself pay it and if it have be prove that any of the  other two have make the payment the jury shall have be direct to find that the  defendant have pay it by such c whereupon judgement be affirm
case arthington versus Fawkes all Eq can ab pl S c Lord enclose part of the  common insist it be a improvement within the statute of Merton and that he  have leave sufficient common for the tenant the tenant throw open the  enclosure by force court grant a injunction and at hear direct issue whether  the defendant have a right of common and whether sufficient common leave the  lord of a manor have enclose part of a common and the tenant by force throw  open the enclosure bring his bill to quiet he in possession surmise Vernon  chancery case er p he have only improve accord to the statute of Merton and  have leave a sufficiency of common but that some of the defendant although  they pretend to have a tie be not entitle to intercommon upon the waste in  question upon the hear two issue be direct to be try at law ant can first as  to some of the defendant whether they have right of common there second  whether there be sufficient common leave beyond what be enclose and the  injunction be continue in the mean time although a new enclosure and make not  above two year before the bill exhibit and a verdict be find for the defendant  Reg lib a fol afterward d Feb it be order that the plaintiff shall be at  liberty to go to a new trial upon payment of defendant cost of last trial Reg  lib b fol vide fine v Cobb ante week v staker all ante Vernon chancery case de  term S the number three in curian porter
case arthur CROHAGANS case threaten to kill the king provide the person  afterward come to England for that purpose be a overt act of treason within  Edward c ante dyer Inst   light b I hale Kely saint Tr foster Arthur Crohagan  a Irishman be arraign the same day videlicet that November of treason for that  he be the king subject upon the nine of July car king nunc at Lisbon in Spain  use these word I will kill the king innuendo owner carolum king England if I  may come to he and that in August car he come into England for the same  purpose to this he plead not guilty and be try by a jury of Middlesex and it  be direct prove by wheel and Elesey two merchant that he speak those word on  shipboard at Lisbon in Spain in great beat of speech with captain Bask and add  these word because be be a heretic and for that his traitorous intent and the  imagination of his heart be declare by these word it be hold hightreason by  the bourse of the commonlaw and within the express word of the statute of  Edward c and be come into England in August last and be arrest by a warrant  for this cause most insolent put his finger into his mouth and scornful pull  it out say I care not this for your king c all which speech and action though  be now deny they yet the jury find he guilty whereupon he have judgement  accord he confess that he be a Dominican friar and make priest in Spain and  although this and his return croak car into England to seduce the liege people  be treason by the statute of Elizabeth c yet the king attorney say he will not  proceed against he for that cause but upon the statute of Edward c of treason
case arthur steer against John Scoble and John pinsent easter term throw roll  a action on the case lie for malicious and deceitful prosecute bail know the  principal have surrender in discharge   hut cro Elizabeth Com dig Bl Rep term  Rep action on the case the declaration state that whereas John Scoble James  bring a action of trover against John charter in this court in which action  the croak James er p plaintiff and one William white be bail for he a and it  proceed to judgement which be give for the plaintiff and one hundred and fort  pound damage and the say John charter upon the say judgement April James  accord to the custom of the court render himself into the marshal custody in  discharge of his bail as by the record of the recognizance appear whereby the  say Arthur steer and William white his bail be discharge of the recognizance  accord to the custom of the say court that the defendant praemissor non igmari  wickedly ei deceptive intend to charge the bail with the execution of one  hundred and forty pound and well know that the say John charter have render  himself to the marshal in execution in discharge of his bail and that the  recognizance be discharge Michaelmas James at London procure a capias ad to  give satisfaction against the say Arthur steer and William white upon this  recognizance to the sheriff of London and to be take in execution by the  sheriff of London and to be detain until they pay the one hundred and forty  pound the defendant plead not guilty and verdict for the plaintiff and one  hundred and forty pound damage assess it be afterward move in arrest of  judgement that this action lie not because it be the act of the court to award  this process but it be adjudge for the plaintiff and afterward on a writ of  error be bring the judgement be affirm
case arundel against arundel Trinity term Elizabeth in take a fine the dedimus  be good though test before the writ and though it he direct to a b knight when  he be not so and recite the writ to he depend and the fine will be good before  three justice of c b omit the other ante I roll Abr Inst f n b yely   b cro  James I term Rep Mod   read dyer sheep t cruise on fine error to reverse a  fine levy Eliz Tanfield assign three error first because the writ of covenant  whereupon it be levy bare testae the second of Janlia iry Elizabeth and the  dedimuspotestatem to take the conusance bare date the same second day of  January recite quod cum breve assembly to hang c whereas it be not depend  until the return which be octab Hillarii vide Henry pl and Edward pl two  second because the writ of dedimus power be direct Rogero manwood military  spirit whereas he be not then knight and that be now confess by plead in nullo  be erratum three because the concord be enter to he make before three justice  of the common plea whereas Roger manwood be the four justice there and not  name but on the other side it be thereto answer first that it be not error for  the writ of covenant be pendent when it be purchase vide Henry pl second that  it be contrary to the record and it can be assign for error dyer three that it  be not error for a fine may he levy before three justice a omit the four  wherefore c gawd and Fenner only in court hold as to the first that it be not  error for a see Ann c a vide Henry c of fine Elizabeth c S and pound will  croak Elizabeth er p the writ be pendent present upon the purchase thereof for  if a stranger purchase the land before the return thereof it be champerty as  Edward S so Edward pl if a appeal he purchase within the year it suffice  although it he not return within the year b to the other two error they speak  not nor seem much to regard they et adjournatur
case arundel against mare it be actionable to call a merchant a cheat knave  ante post roll ab action for word whereas the plaintiff be a merchant c that  the defendant say he be a cheat knave and have cheat his father by return  twenty pound for ware c it be move in arrest of judgement by roll that a  action lie not for call one cheat knave but forasmuch as he be a merchant and  it touch his profession Berkley and myself aeeteris send away in the  starchamber hold that the action be maintainable whereupon rule be give that  the plaintiff shall have judgement b by the that canon churchwarden be to be  choose by the parson and parishioner joint and if they can agree then one by  the parson and the other by the parishioner burn e l title churchwarden croak  car er p
case arundel against sander Hilary term car roll tender of marriage in action  on the case in valour maritagii be not traversable but it must appear the  ancestor be seize in fee Bl Com cro James   b trespass upon the case bring by  bill in the king bench suppose that the defendant father hold of he such land  by knight service and die in his homage his heir within age croak car and that  he tender to he a convenient marriage and show what c and demand of he the  value of the marriage c the defendant protestand to the tenure pro plea  traverse the tender c and hereupon the plaintiff demurrer and it be resolve  that the plea be ill for the tender be not traversable but bear for the  defendant move that the declaration be ill because he declare in a action upon  the case where it ought to be in valour maritagii and the court doubt of this  point because there be a special original writ de valour maritagii but Jones  conceive that action upon the case be maintainable as a action upon the case  lie for a escape as well as action of debt so here it may be the one way or  the other another exception be take to the declaration because it be not show  that the ancestor be seize in fee of the land suppose to be hold c and that be  conceive to be a material exception a et adjournatur
case arundel against short and his wife Michaelmas term pound Elizabeth roll  husband and wife can join in trespass for carry away corn say idem ante vide  ante error upon a judgement give in trespass by baron and feme of their close  break and corn carry away error assign that f I ought horned owl to join for  she can have no property in he corn Edward pl Edward pl personal action they  can join Godfrey imd Coke contra it be in the election of the baron to join  his wife in personal action and it may be intend that they be jointtenants of  the corn before coverture or that the feme have it as executri and if the writ  by any intendment may be good it shall not abate gawdy the book agree that for  personal thing they can join but for personal thing in action it be in the  election of the husband to join his wife or not and tkin the judgement be  reverse vide Henry Elizabeth dyer Henry
case arundel versus roll et ux Eq can ab pl in a account no allowance for diet  where the plaintiff come as a guest at then defendant invitation in a bill to  have a account of money receive by the defendant for the plaintiff use the  defendant insist to have a allowance for the plaintiff diet at the rate of per  week allege that she be a person of quality and fortune and be court by  diverse noble person much be spend in entertainment but it appear by letter  read in court that the plaintiff come to the defendant house at her invitation  and as a guest only the defendant be her aunt it be say by the Lord chancellor  that it be no honourable demand and decree she shall account without have any  allowance for diet deduct but defendant to be at liberty to bring a action at  law for the same if they shall think fit Reg lib a fol
case ascough versus johnson ux all eoden die in court Lord chancellor a  purchaser or mortgagee buy in encumbrance for less than be due shall have the  benefit of the whole money due thereon per cur where a purchaser or mortgagee  buy in encumbrance to protect his estate at law on composition to wit  encumbrance on his purchase land and other land he shall be allow the full  money due on such encumbrance and the same shall not by the heir or mortgagor  be redeem without full payment of all the money due on such encumbrance  without regard to the beneficial bargain and composition make by such  purchaser vide darcy v hall ante Vol Phillips v Vaughan ibidem and case there  respective refer to
case asgill against hunt a prohibition lie to a inferior court after sentence  give where it appear upon the face of the proceed that the matter be not  within the jurisdiction of the court S c stram S c fort process in spiritual  court for call a woman whore in London after sentence the court of king bench  be move for a prohibition but the prohibition be refuse the court say that it  be a know rule lie down in book that where it appear upon the face of the  libel that the matter be of temporal and not spiritual cognizance there a  prohibition may be grant after sentence but not where it do not appear for  there it must be take advantage of before sentence a see banister v Hopton  ante synes v synes burr Paxton v knight burr king v rector of Bosworth ld ray  full v Hutchins Cowp Darley v cousin term Rep Blacquiere v Hawkins dougl  Ladbroke v cricket term Rep a now here the offence in the libel be certain a  matter of spiritual cognizance and though it appear in the libel that modern  report the word be speak in London yet that will not take away the  jurisdiction of the spiritual court be it not for a particular custom by  virtue of which those word be punishable in London but this be a particular  custom the court can no more judicial take notice of it than they can of any  other custom of the city of London a the book of the townclerk of London  contain no account of any custom to cart whore in the city of London and it be  say that this custom have never be prove in such a manner as to maintain a  action in westminsterhall Stainton v Jones dougl notorious facts a and if a  cause be remove out of the city court by habeas corpus the custom must be  return or no procedendo can ever be grant
case ash against BRUDNEL a action for tear the seal off a deed need not show  what it be for or that it be the grantors seal or that it thereby lose its  force Com dig Morgan vademecum action upon the case for that he tear off the  seal of a deed whereby John ash grant to he One one year old To give back sive  annuitatem of ten pound during his life not guilty be plead and find for the  plaintiff it be move in arrest of judgement first because he do not show  whether it be a annuity or a rend issue out of the land second because he do  not show that it be the seal of the grantor for it be sigillum eiden annexat  and he do not say the seal of the same deed nor the seal of the say John ash  also he set not forth that by reason thereof the deed lose its force nor that  he lose the annuity so as he show not any ground for the action but  notwithstanding these and other exception it be adjudge for the plaintiff
case ash against wood in replevin for take and detain damage must he several  post see Bac Abr cro James error the plaintiff count in replevin quod thus far  to hold off and the jury assess the value of the hest and damage entire  whereas they ought to sever they for he may have the one and not the other and  the judgement for this cause be reverse
case Ashbrooke against snape if a obligor promise to pay a assumpsit will lie  post cro car cro James yely cow it be agree by all the justice that if one he  bind in a obligation and afterward promise to pay the money assumpsit lie upon  this promise and if he recover all in damage this shall he a bar in debt upon  the obligation
case Ashburnham versus bradshaw April the that upon the equity reserve SC barn  Charles Rep SC cite Ves SC cite post vol a devise to charitable use under a  will in the testator live a month after the new statute of mortmain take place  all the judge except Mr justice Denton certify that the devise be good in law  there be a devise to charitable use under a will in the testator live till  July a month after the new statute of mortmain take place and then die without  revoke his will it be refer by the court of chancery to the judge for their  opinion whether this be a good disposition to charitable use and all of they  except Mr justice Denton who be ill certify that the devise to these use be  good in law notwithstanding the act and thereupon Lord chancellor declare the  will shall be establish and the trust of the charity carry into execution req  lib a fol see attorney general v Loyd post vol Ves SC attorney general v  Andrews Ves Willet v Sandford ibidem attorney general v Heartwell Amb attorney  general v Downing Amb atkins er p
case ashfield against neal the death of a defendant before plea may be suggest  and the suit continue action against two and before plea one of they die note  by the late Act of William the three the plaintiff may come and suggest this  matter on record and pray leave to go on against the other but if the action  modern report er p be bring against one of they the defendant may plead in  abatement that the other be live but in this case the survivor plead in bar  and judgement be against he and in enter up the judgement it be move that the  attorney shall enter a non dedicit because he confess the party dead by his  plea holt chief justice let it be enter so and the other confess or deny it  and let he look how he put his cost upon it
case ashfield versus ashfield owner April husband assign a personal estate  belong to his wife as executrix in trust for such use as he by deed or will  shall appoint and in default of such appointment in trust for himself his  executor e he afterward devise this estate to his wife and child this be asset  and the devise to the wife and child be only a legacy and it must be liable to  the debt of the husband in the first place the plaintiff have obtain a decree  for his portion out of the asset of sir John Ashfield the defendant late  husband on the master report it appear that sir John Ashfield by deed have  assign the personal estate to which the defendant be entitle as executrix to  her former husband to trustee upon trust for such use intent and purpose and  for such person and person as he by deed or will shall direct or appoint and  in default of such appointment in trust for himself his executor administrator  and assign and afterward by his will devise this estate to his wife and child  per cur this assignment alter the property of the estate and the trust be  general as he shall direct or appoint he be owner in equity and have the power  and disposal of this estate during his life and the disposition and  appointment he have make by his will to his wife and child be but in the  nature of a legacy and the rather in this case because no notice be take in  the will of the power of appoint and therefore decree it to be asset and  liable to the plaintiff demand there be several entry of proceed for contempt  against defendant for not perform decree Reg lib a fol but the editor have not  be able to find any entry of the decree vide sir Edward turner case ante Vol  Thompson v town post
case ashley versus pocock among the Cause petition December a executor ought  to pay that creditor first who use the first diligence so in a action at law  he who obtain the first judgement shall be prefer otherwise as to legatee for  as there be no priority in legacy a executor shall pay they acquire step Mr  Barnsley by his will devise the residue of his estate between the Kingscots  and Pococks the plaintiff Ashley marry one of the Pococks the Kingscots bring  the first bill against Barnsleys executor for a account and obtain a final  decree then Ashley bring the second bill against the executor of Barnsleys  executor a petition be now prefer by Ashley who be entitle to a distribution  under Barnsleys will for fourteen hundred pound to be pay he out of a sum of  money place in the bank to the credit of this cause atkins Lord chancellor  suppose two creditor at large of the first testator Barnsley and one bring a  bill before the other and obtain a final decree and a report of the master and  that report have be confirm and then the other bring a bill and obtain a final  decree and his demand be confirm to be sure the executor ought to have pay the  first who have use the first diligence so in the case of a action at law the  creditor who obtain the first judgement shall be prefer but this be not the  present case for the person here be not creditor of the first testator but  legatee under his will and therefore pocock the executor of Barnsley shall  have pay they acquire step in his lifetime for there be no priority in legacy  decree that the say sum of pound be divide between the party in proportion to  their respective demand Reg lib a fol atkins er p
case Ashmead vers ranger trin W in b r if a lord of a manor cut down tree  where a copyholder may take they for repair trespass lie ld raym SC holt SC  Mod SC salk SC fort SC   Brownl SC Com dig vin Abr title copyhold b e pl r e  pl trespass quare enclosed space to break in pieces arbores leg of meat the  defendant plead son frank tenement the plaintiff reply that the land be  copyhold grant to he and his heir in fee that by custom a copyholder shall  have timber for repair that his tenement want to be repair and that comens  there be not sufficient timber for repair to which it be demurrer and Northey  argue that the lord of a copyhold may cut down the tree without a custom allow  he so to do for the copyholder be but a tenant at will and can out down tree  but for necessary repair and consequent the lord may cut they down otherwise  nobody can have the benefit of they but in this case where the copyholder by  custom may fall for repair if the lord take so many tree as not to leave  sufficient for repair perhaps a action on the comens er p case lie but not  trespass but the court think that the lord can not without custom cut down the  tree of his copyholder and if he do so trespass will lie against he for it  afterward error be bring upon this judgement in the exchequer Chamber and the  judgement be affirm there and afterward error be bring in parliament and both  judgement be reverse Monday that of April ten lord be for affirm and eleven  for reverse ld raym salk
case ashmore against RYPLEY easter term James roll a declaration that the  defendant be indebt per scribe suum obligatorium be sufficient without say  seal adorned with small figures cro Elizabeth cro car Mod Leon ld ray more  stram Bac Abr in debt on bind if the defendant confess the action he shall be  amerce damage include both debt and cost error of a judgement in Rippon the  first error assign be because in debt upon a obligation of one hundred pound  he declare quod per scribe suum obligatorium to go away see tender c and he do  not say seal adorned with small figures say non allocatur for that be  intendedby the word to go away per scribe c and the usual course be so in the  common plea and seal adorned with small figures be no more of necessity than  weigh which be always intend another error assign be that the defendant plead  non be factum and issue be join thereupon he afterward relict verificatione  confess the action and that it be his own deed and the judgement thereupon be  quod sit in pity where it ought to have be quod to take in hand because he  deny his own deed say non allocatur for the issue not be try but the action  confess the usual course be only quod sit in pity vide Edward pl Henry pl a  three error be assign because the judgement be quod recupere debt is owed and  S d pro financial loss occasion detention debt is owed and there be not any  mention pro misis et custagiis say non allocatur for financial loss include  both and so be the usual course of entry wherefore the judgement be affirm
case ashton case a where person be do a unlawful act if murder ensue all be  guilty keyl et notam bene difference holt chief justice two three or more be  do a unlawful act as abuse the passerby in a street or highway if one of they  kill a passerby it be murder in all and whatever mischief one do they be all  guilty of it and it be lawful for any person to attack and suppress they and  command the king peace and such attempt to suppress be not a sufficient  provocation to make kill manslaughter or son assault demesne a good plea in  trespass against they
case ashton versus ashton eoden die Eq can ab pl S c a witness can demurrer  because the question ask he be not pertinent to the matter in issue a bill be  exhibit to prove a will and perpetuate the testimony of the witness the  defendant upon cross examination of one of the witness exhibit a interrogatory  to he to discover what deed or settlement he know the testator have make to  which the witness demurrer as not pertinent to the matter in issue the Lord  keeper overrule the demurrer because he will not introduce such a precedent as  for a witness to demurrer it do not concern the witness to examine what be the  point in issue but it seem that in prosecution of a contempt for breach of a  order of the court or otherwise ground upon a affidavit the interrogatory  shall not be extend to any other matter than what be comprehend in that  affidavit or order and if any other be exhibit the party examine may for that  reason demurrer to they or refuse to answer they vide Lord clarendon order
case Ashurst versus eire easter term a administrator though insolvent must be  a party to a bill for discovery of asset a bill for a discovery of asset be  dismiss send vide S c post vol correct upon a plea that the administrator be  not a party though it be a fact not dispute that he be a insolvent person
case Ashurst versus eyres march in Tr atk it be say the bill in this case be  dismiss but on look into the minute take the day and year as above it be state  as follow that as to so much of the bill as seek any account for what remain  owe upon a bind date the that of November the defendant by his plea insist  that no part of the pound for secure the repayment whereof the bind be execute  be pay to or receive by Henry Eyre the defendant late brother but the whole be  pay unto Augustine woollaston and receive by he for his own use and that Henry  that Eyre be a surety only for woollaston and that the plaintiff have accept a  composition for what be pretend to be owe on the bind without the privity of  Henry Eyre or of the de atkins er p fendant and that no demand have be make on  the defendant for any money due on the bind for upward of year and that  woollaston die several year ago seize of a real estate and possess of a  personal estate and that his heir at law or the devisee of his real estate and  also the representative of his personal estate ought to be who be not make  party to the bill Lord Hardwicke hold the plea to be good and sufficient and  order that the same shall stand and be allow n b it do not appear by the  minute his lordship direct the bill to be dismiss
case askew against FULSAMHE a issue whether a statute merchant be duly seal  shall he try by jury and a hearing complaint and not error lie upon the  judgement in which if the conusee have sue execution he can say it be a  statute staple post I Leon Owen dyer Judita complaint because execution be sue  upon a statute acknowledge in the city of Lincoln as a statutemercliant which  have but one seal where it ought to be with two seal accord to the statute de  Mereatoribus Edward and issue be join if it be seal with a seal of two piece  and try for the plaintiff by a jury of the city of Lincoln it be allege in  arrest of judgment that the issue ought to be try by the certificate of the  mayor and not per pais curian contra for his be a matter of fact and no parcel  of the record the second cause Lincoln be in the margin so it shall he intend  to he try by pais of the county of Lincoln whereas it be and ought to be try  by a venue of the city three a writ of error lie upon this matter and not a  hearing complaint Edward where error be in sue exeC but it be hold clear that  where a statute be erroneous acknowledge as here no writ of eri or lie but a  hearing complaint a for this be no record but if it he well acknowledge and  remove hither and execution be here erroneous error lie thereof fourthly this  shall he take as a statute acknowledge accord to the statute of Acton Burnell  of two Edward and not accord to the statute Edward de mercatoribus b so it be  good for the good and body curian contra for the conusee have sue execution  upon it as a statutemerchatit he shall not now he receive to say but that it  be acknowledge accord to that statute for which the plaintiff have judgement c
case askew against Hollingworth a joint statutestaple void as a recognizance  may he sue on as a bind ante appearance be good without name the attorney in  the record if he he name in the declaration ante dougl the case be now move  again and all the justice resolve that debt be well bring upon it as upon a  obligation because it never have any effect as a statute as also that the  declaration against one of the obligors only be goodenough although the word  of the obligation be joint because it do not appear that the other two do ever  seal it or that they be yet alive which ought to be show by the defendant if  he will have the advantage for otherwise the court will not intend it but now  another error be assign because the record be that the plaintiff appear per  attornatus s?iWn and he give he not any name and the record be view which be  quod to express grief obtuO see per attornatus suum without name any attorney  but when the defendant appear he then declare against he per I S attornatus  uunb and so it be say be all the course in the common plea and it be so  certify to the court by the prothonotories that croak Elizabeth their course  be in this manner wherefore the judgement be affirm
case askew against Sanderson easter term Elizabeth roll plead in trover Com  dig action upon the case sur trover of sheep the do you Elizabeth the  defendant plead that he be sheriff of the count of Lincoln and that I S  recover against the plaintiff and thereupon hadafieri facias to levy that debt  which writ be returnable tomorrow air Elizabeth that this be deliver to he be  then sheriff of the say county upon the first of Oct Elizabeth to he execute  that he by force thereof upon the that Oct Elizabeth take the say sheep and  sell upon the d Oct Elizabeth sheep for l parcel of the say l and that the  other sheep remain in his hand pro diminution croak Elizabeth emplorum and at  the say day of crastin Anim he return the say writ accord and all this matter  which be the same conversion without hoc that he convert they aliter well  elsewhere modus it be thereupon demurrer after argument the whole court hold  the plea to he insufficient first and principal because he do not by his plea  confess any conversion and then the traverse be ill but he ought upon this  matter to have plead not guilty and have give it in evidence second because  the declaration suppose the trover and conversion to he the first Dec  Elizabeth and he justify the conversion in Octoher Elizabeth so he meet not  with the plaintiff in time and therefore he ought to have traverse it and the  traverse aliter well elsewhere modus shall never answer to the time but to the  manner of the conversion three he make not any justification for four of the  sheep but that he seize they but he show not what he do with they wherefore  the plea do not answer all that which be comprise in the declaration and for  that cause be ill in all and of that opinion be all the court and appoint  judgement to he enter for the plaintiff but after cause it to he stay for the  equity of the matter
case ASPYE against a prohibition shall go to the march of Wales if they  proceed to try the custom of a manor   light a prohibition be pray to be award  to the Council of the march of Wales where it be by bill suggest that a  copyholder in fee surrender into the hand of such a tenant such a tenement  hold of the say manor by the verge to the use of the plaintiff and that  Pembridge the steward of the manor refuse to admit he and there pray that he  may be compel to admit he whereunto the defendant plead that the custom of the  manor be to surrender into the hand of two tenant and that the say surrender  ought to be do by the verge and this surrender be a   a vide will mary c  strange croak car er p only by a knife sit at the table and into the hand of  one tenant only and that be who make this surrender be dead and his heir  allege that this surrender be void desire to be admit and be admit and that  notwithstanding this answer they proceed to try the custom which be triable  only at the commonlaw whereupon a prohibition be grant
case ASTONS case if a attorney discontinue a action after have plead it as  depend or assign infancy for error when the party be adult he shall be strike  off the roll side lev lev sand sand ante Danb Nels Lut Mod a ray barn salk  lCom dig attorney b Cowp in a cause wherein one Aston be attorneyKelynge chief  justice say that a modern er p man may discontinue his action here before a  action bring in the common plea but if he do begin there and then they plead  another action depend here and then they discontinue I take it the attorney  ought to be commit for this practice Twisden justice when I be at the bar  error be bring and infancy assign when the man be thirty year old and the  attorney be threaten to be turn out of the roll
case astry against ballard bail be not discharge by two out of six principal  be take in execution before the to know facias sty out but if the other four  surrender before the return of the second to know facias the bail shall be  charge S C vent S C lev S C Jones S C keb S C Danv S C Danv roll the defendant  become bail for six person against who the plaintiff get a judgement and two  be put in execution the plaintiff afterward bring a to know facias against the  bail who plead that two of the principal be take in execution before the to  know facias bring the question be whether the bail be not thereby discharge it  be agree that if five have surrender themselves after judgement yet the bail  have be liable but not so if the plaintiff as in this case have once make his  election by sue out execution against the principal and thereupon two be take  and in custody before the return of the second to know facias they have  liberty by the law to bring in the principal but the plaintiff have take out  execution have make it modern now impossible for the bail to bring they in to  render themselves but simpson argue that the bail be not discharge for he  ought to bring the other four or else he have not perform his recognizance and  so it be adjudge by the court for the law expect a complete satisfaction the  like resolution be in this court in the case of Orlibear v Norris modern er p  trinity term the thirty of Charles the second in the common plea sir Francis  north Knt chief justice sir Hugh Wyndham Knt sir Robert Atkins Knt justice sir  William Jones Knt attorneygeneral sir Francis winnington Knt solicitor general
case astry versus astry Rep vern vern case tempt Talb vezey cowpers Rep brown  Rep if a man give his wife power to divide his estate among his three child  she must do it equal in this case be cite the case of sir George crook  daughter who have leave a power to his wife to devise her estate among his  three daughter in such proportion as she shall think fit yetit be hold in this  court that she must divide it among they equal unless a good reason can be  give for do otherwise it have be hold that a parent may execute a power of  appointment unequal but not so as to be illusory vezey precedent in chancery  de boundary S the number three in curian porter
case at the roll anon November the that SC ante new assignee under a  commission of bankruptcy on fill a supplemental bill shall have the benefit of  the proceed in the suit commence by the old assignee the question before the  court be whether new assignee under a commission of bankruptcy upon the death  or removal of the former shall on fill a supplemental bill be entitle atkins  to the benefit of the proceed in a suit begin in the time of the first  assignee or must begin again by original bill master of the roll in the case  of a abatement if you can you must revive but in the case of assignee of  bankrupt where some die or some be discharge and other be by order of court  put in their room there be no privity between the bankrupt and the assignee or  at least but a artificial one and therefore they can revive and it will be  extreme hard if there have be plead examination c in a former suit that the  new trustee shall not have the benefit of they by a supplemental bill suppose  the court upon the death or discharge of assignee of bankrupt shall say that  all must go for nothing and you must begin again by original suit why then all  the charge and expense in the former suit be absolute throw away in the  present method though you can come against the representative of the former  assignee yet by a supplemental bill you will have the bankrupt estate liable  at all event to answer the cost I will put a case that come very near this die  will show the reasonableness of my atkins er p present determination suppose a  estate have be in controversy for twenty year in this court and during the  suit it be purchase the purchaser on fill his supplemental bill come into this  court pro good et evil and shall be liable to all the cost in the proceed from  the beginning to the end of the suit for these reason I be of opinion that the  new assignee ought to have the benefit of the former proceed in the suit  commence by the old assignee see anon ante
case ATHELSTON vers moon and Willis in c b a submission of all matter in  difference import all matter which either party have joint or several against  each other Com dig on a motion for a attachment for not perform a award which  have be make pursuant to a rule of court it be object by Mr sergeant Eyre that  the award be void for the submission be of all matter between the party  without say between they or either of they so as the award be make of the  premise by such a day but the award be that the defendant Willis shall pay a  sum of money due by he to the plaintiff as therefore the submission must be  understand of joint demand which the plaintiff have against the defendant this  award of a several debt from one of they only be not within the submission but  it be not allow for a submission of several person of all matter in difference  between they import a submission of all matter that either have against the  other joint or several and so it be hold roll pl   cro James SC Brownl SC I  Bulst SC Lutw above p a Baspoles case and the word ita quod c do not in this  case any wise restrain the arbitrator
case athol all vers in c b a person be Chargeable to the militia levy though  it be not exercise vide stat Geo c burn just this be a action of replevin the  defendant plead that the plaintiff have such a estate in common for which they  be charge to contribute to find a horse in the militia and that a warrant be  grant by the deputy lieutenant of the county against the plaintiff to summon  they at such a day to show cause why they do not pay the sum charge upon they  but that the plaintiff do not appear at the day upon which a warrant be direct  by the deputy lieutenant to the defendant to levy the sum charge upon the  plaintiff by distress by virtue of which the defendant justify themselves the  plaintiff reply that the militia do not exercise that year and upon that the  defendant demurrer and judgement be give for the defendant by the whole court  for the defendant be officer have a warrant direct to they by the  deputylieutenant who have cognizance of the matter and it be nothing to the  purpose that the militia be not exercise that year for perhaps a sum be charge  upon the plaintiff to be pay annual for when the militia be exercise he who  find the horse will be at great expense and those who be contributory pay a  small sum annual for their proportion then as the plaintiff have a day upon  the summons and do not appear the warrant afterward be for their default and  sufficient to justify the defendant comens de term sanct trin Anna in c b
case atkins against atkins Hilary term Elizabeth roll devise to S and the heir  of his body and after his decease to b the old son of S and the heir of his  body with remainder over be a estate tail in S Eq Cas ab ld ray I Lucas peer  will I strange dougl error to reverse a iudameht in Norwich in a writ of dower  the case be I S devise land to S and to he heir of his body and after his  decease to b the old son of S and to the croak Elizabeth heir of his body the  remainder over to three other of the son of S in the same manner the question  be what estate S have in the land Hubbard argue that he have estate for life  the remainder to be son as purchaser coke contra that he have a estate tail  for by the first word a express estate in tail be give to he and there be no  special word to correct or alter they it be afterward adjudge that S have a  estate in tail and that his wife shall have dower and the first judgement jn  the writ of dower be affirm
case atkins against bail to a information who tam the defendant may plead in  disability that the plaintiff be outlaw although the statute empower anyperson  to inform a information be exhibit against the defendant be a justice of peace  for refuse to grant his warrant to suppress a conventicle the defendant plead  a outlawry in disability and the plaintiff demurrer first this plea be not  good because the king be interest who tam c and therefore where the informer  die the attorneygeneral may proceed second the statute give power to anyperson  to inform c by which general word the disability of this person be remove but  the court hold that there be no colour in either of these objection three it  be not plead sub pede seal say non allocatur for it need not be so plead be in  the same court fourthly it be not aver that the plaintiff be the same person  who be outlaw but it be answer that the prediction make that certain and that  though the king be interest yet the modern informer only be plaintiff and  entitle to the benefit and that though he be disable yet he may sue for the  king but not for himself a more dyer cro Elizabeth a and therefore judgement  be give that the plea be good
case atkins against tankard the venue in a action for a false return may be  either in the county where the king bench sit or in that from whence the  return be make case against the sheriff of ken quod cum a become facias be  direct and deliver to he at the plaintiff suit against I S that he to defraud  the plaintiff of his just debt falsely et militiose retornavit quod become  fecit ad forty pound and that he have no more c Ubi in fact he have to the  value of the debt after verdict for the plaintiff Mr holt take exception in  arrest of judgement for that it be retornavit at Maidston in ken whereas it be  no return but here in court in Middlesex per curian hold good enough for the  plaintiff have his election to bring his action either here or there and the  tort be there although the return be of record only here and judgement be give  for the plaintiff
case atkins versus smith October a administration take out here will not  extend to the colony in America but a agent there who get in asset under the  exemplification of a probate be equal Chargeable as if executor get they in  himself it be say in this cause by Lord chancellor that ecclesiastical  jurisdiction be limit within their particular district and a administration  take out here will not extend to the colony in America but if a executor send  over a exemplification of a probate to Maryland or any other colony the person  who be employ as a agent there by the executor may by letter of attorney from  he collect in the effect of the testator and he be Chargeable as much as if  the executor have get they in himself
case Atkinson against Cornish a administration durante those inferior in rank  lifetime of a infant executor cease at seventeen of a infant administrator at  twentyone S c comb S c Danv S c Carth S c Mod S c holt S c ld ray by the court  if a infant be make executor and the ordinary commit administration to another  durante those inferior in rank lifetime this administration cease when the  infant attain his age of seventeen but if such administration be grant durante  those inferior in rank lifetime of one who be not make a executor it do not  cease until the party be of full age the case of Pigot v Gascoigne cro  Elizabeth see the prince case   a be cite to maintain this opinion which be  Anthony Longvill make William his executor who be under age the plaintiff take  out administration to Anthony durante those inferior in rank state of William  and bring a action of debt upon a bind and aver that William be alive and  within the age of oneandtwenty now because it do not appear that this  administration be grant while he be under the age of seventeen I the plaintiff  be nonsuit
case Atkinson against Cornish Administration grant durante those inferior in  rank state of a executor cease at seventeen of a administrator at twentyone S  c Danv S c Mod S c comb S c Carth S c holt S c ld ray the plaintiff bring a  action as administratrix of her husband during the minority of her four child  a b c and d administrator cum testament fastening and aver they be under the  age of twentyone the defendant plead that a the old be of full age the first  of October last the plaintiff reply that he be not then of full age and tender  a issue the defendant demurrer and it be object that judgement ought to be for  the defendant because the plaintiff do not aver the child be under the age of  seventeen at which time a see Lucas v marsh in the common plea mich Geo in the  continuation of Mod theed v Lovel stram and kid on bill of exchange to a t  Jones b S c cro James S c brown modern report er p administration durante  minoritate shall cease but only under the age of twentyone year say per curium  the diversity be if administration be grant durante minoritate of a executor  there administration shall cease when the executor come to seventeen but if  administration be grant durante minoritate of one who be not a executor but  only administrator there administration durante those inferior in rank state  do not cease till twentyone judgement be give for the plaintiff modern report  trinity term the ten of William the three in the king bench sir John holt Knt  chief justice sir Thomas Rokeby Knt sir John Turton Knt sir Samuel Eyre Knt  justice sir Thomas Trevor Knt attorneygeneral John hawles Esq solicitor  general
case Atkinson against newton a to know facias by a administrator against a  executor on a judgement recover by the intestate against the testator in  Middlesex be good although it allege that the administration be grant in the  diocese of York the plaintiff bring a to know facias as administrator of I S  against the defendant as executor of I n on a judgement here recover by the  plaintiff intestate against the defendant testator and allege administration  to be commit to he by the archbishop of York the defendant plead plene to  manage and verdict for the plaintiff Mr girdler move in arrest of judgement  that upon the record itself it appear that the plaintiff have no title because  it appear thereon that the intestate have good notabilia in another diocese  videlicet a judgement here in Middlesex so that the administration be grant by  a inferior diocese it be void whereas have it be grant by the archbishop of  Canterbury the good notabilia only in one diocese it will then be only  voidable because he be the superior but here it be void and though it be after  verdict yet here it appear upon record that he have good notabilia in  Middlesex and e ante case shower KB er p non constat that he have any at all  in York and he cite the case of Byron v Byron in cro shower KB order to be  move again and afterward when move again the court say they have judge it well  enough before and will bear no more and therefore judgement for the plaintiff  yet quaere
case Atkinson against SEETREE difference between the Marshalsea and the palace  court sir Thomas Abney justice give this account of the difference between the  ancient court of Marshalsea and that which be now vulgar call by the same name  but more proper the palace court king James the first erect the Iatter its  jurisdiction extend twelve mile round the palace of Whitehall and the judge  may hold the court where he please except in the four great court at  Westminster or in the duchy court the ancient Marshalsea court which be the  subject of the case in sir Edward coke report be still subsist and be a travel  or movable court and its jurisdiction reach twelve mile round about the court  where the king shall be then resident the party or suitor in the old  Marshalsea court must be of the household but those of the palace court must  not be of the household for if they be of that they must have recourse to the  Marshalsea court the suit be more troublesome in the Iatter because the court  be constant remove the steward of the Marshalsea be nominate by the Lord  steward or master of the household but the judge of the palace court or that  which be now common call the Marshalsea be appoint by the king letter patent  modern er p
case Atkinson versus web Eq can ab pl pre Ch S c a give bind to b her servant  to pay her pound per and quarterly for her life free from tax and by will  without take notice of the bind give b per and for her life Payable half  yearly but not say free of tax decree the annuity by the will not to be a  satisfaction of the bind and that b shall have both the annuity post case the  lady Pratt have by bind secure per and to mrs Atkinson who have be her woman  Payable quarterly free of tax during her life by will take no notice of the  bind devise to her pound per and for her life Payable half yearly but not say  to be free from tax Vernon chancery case Lord keeper the annuity devise not so  beneficial as that secure by bind that which be less not to be presume in  satisfaction of that which be great and decree the annuity additional and not  as give in lieu or satisfaction of the bind and the arrear to be pay by a day  certain and if not pay by that time then with cost d February Reg lib a fol on  the head of satisfaction vide Tunbridge v feather ante vol p and case cite in  note p there et vide chancy case p wms and note and z p that edition Meredith  v Wynn pre Ch room v room atk
case Atkinson versus web vern S c Eq Abr c S c salk wms wms vezey atk atk  brown Rep bro c c see also atk a give bind to b of pound condition to pay  pound per and for life quarterly without any deduction the like annuity of  pound per and afterward give by a by will to b Payable halfyearly and without  such deduction hold no satisfaction the plaintiff have serve the lady Pratt  year as chambermaid and woman and be much in her favour and marry to the  plaintiff by her encouragement the say lady give her a bind of pound condition  to pay her and her husband pound per and during their life and the life of the  long liver of they Payable quarterly at sir Francis child shop free from all  deduction and this be constant pay about five year after the say lady by will  devise several annuity to several person in satisfaction of the like annuity  secure to they by bind and give pound per and to the plaintiff to be pay  halfyearly at the say lady mansionhouse Chargeable on such land but take no  notice of the pound per and secure to her by bind on the circumstance of this  case the court decree her both for that give by the will be not so  advantageous to the plaintiff as the other one be to be pay quarterly the  other halfyearly the one here the other on the land one free from all  deduction the other be out of land will be liable to tax and a devise imply a  bounty and those that be intend in satisfaction of the like annuity be so  declare in the will which this be not post wms S r wms S r atk S r the case  touch the doctrine of satisfaction as to legacy provision portion c be arrange  under three head saint respect relation or stranger dly baron and feme dly  parent and child the first class of authority be refer to under the above case  the second post the three post
case atterton against harward a bailiff can maintain a action against a  defendant for a escape in consideration of his have promise to save the  sheriff harmless against it ante Cowp dougl term Rep action upon the case and  declare that a capias ad to give satisfaction upon a judgement be award  against the defendant to the sheriff of Suffolk who direct his warrant to the  plaintiff as his bailiff to serve it and that the plaintiff assume to the  sheriff to save he harmless against all escape and that by force of the  warrant he arrest the defendant and the defendant intend to make the plaintiff  to he charge escape for which the plaintiff in the first action bring a action  against I colt then sheriff upon this escape and recover and colt bring a  action croak Elizabeth er p Uainst the now plaintiff upon his assumpsit and  for this tort he bring his action upon not guilty plead it be find against he  and it be move in arrest of judgement that there be no sufficient cause in the  declaration to maintain a action for although the sheriff may have a action of  the case against the prisoner who escape as it be adjudge in hill and holt  case yet the bailiff shall not have it and of that opinion be the court for  the bailiff be not Chargeable to the sheriff b law but by his assumpsit and  this be his you luntary act shall he no cause to charge the defendant but  shall only make himself Chargeable but they agree if the bailiff have been  Chargeable by law without such promise a action do lie for he against the  defendant who cause he to he charge
case attorney general at the relation of the inhabitant of tains versus tailor  Eq Abr c S c exemplification of part of a patent not suffer to be read in  evidence notwithstanding the statute of pound of Edward and Elizabeth where  the other side have no time to consult the patentroll and so may be surprise  by a imperfect exemplification in this case the plaintiff will have read in  evidence a exemplification of part of patent which be object to by the  defendant for that nothing but the patent a itself or a exemplification or  copy of the whole can by law be evidence plaintiff counsel insist that by the  d that of Edward cap and Elizabeth cap a exemplification of so much of a  patent as relate to the matter in question be to all purpose of law make of  the same force as if the whole patent be exemplify whereupon the statute be  order to be read my Lord keeper be clear of opinion that though by those  statute a exemplification of part of a patent be make sufficient to make a  title under or to be plead in any court where the other side will have time to  resort to the patent and to be advice whether the exemplification be of all  that be material and if it precedent in chancery be not they may take  advantage of it vet they do not extend to authorize the give such  exemplification in evidence where the other side can have no time to consult  the patentroll and may be surprise and lose his right by a imperfect  exemplification and cite a case wherein ho have know it so hold in b r on  offer such a exemplifi precedent in chancery er p cation in evidence and  therefore if the plaintiff insist upon it be of great consequence he will have  the opinion of all the judge before he will admit of it whereupon the  plaintiff wave it and produce the patentroll itself and so the cause go on  precedent in chancery de boundary S the number three in curian porter
case attorney general versus davy in the vacation of Trin term SC cite Ves  where a certain number be incorporate a major part of they may do any  corporate act though nothing be mention in the charter king Edward the six by  charter incorporate twelve person by name to elect a chaplain for the church  of Kirton in Lincolnshire and by another clause three of the twelve be to  choose a chaplain to officiate in the church of Sandford within the parish of  Kirton with the consent and approbation of the major part of the inhabitant of  Sandford upon a late vacancy two of the three choose a chaplain with the  consent of the major part of the inhabitant of Sandford the three dissent and  the question be whether this be a good choice Lord chancellor it can be  dispute that wherever a certain number be incorporate a major part of they may  do any corporate act so if all be summon and part appear a major part of those  that appear may do a corporate act though nothing be mention in the charter of  the major part this be the common construction of charter and I be of opinion  that the three be a corporation for the purpose they be appoint and that the  major part of they may do any corporate act this be a corporate act and the  choice too be confirm and consequent not necessary that all the three shall  join but if the act to be atkins er p do by a select number of the twelve have  be by a different charter it will have be otherwise it be not necessary that  every corporate act shall be under the seal of the corporation nor do this  need the corporation seal vide attorney general v scot Ves Amb S c
case attorney general versus Sawtell February sir I t devise copyhold land in  charity that he have before surrender to the use of his will which consist of  eleven sheet the two first of which he sign and die before he sign the rest  nor be there any witness Lord Hardwicke hold it to be a good appointment of  the copyhold estate for the charity under the stat of Elizabeth Tuffnel v page  ante attorney general v Andrews Ves the question be whether copyhold land  surrender by sir John Tash to the use of his will and devise by he in charity  will pass as the testator have not sign the last sheet nor be there any  witness to it a scrivener have order to ingross it but the testator be in  limit the rough draft consist of eleven sheet be bring to he and he sign only  the two first but die before he can sign the rest it be prove in the cause  that the testator ask before he sign the will whether it be accord to his  direction and the scrivener assure he it be in support of the will be cite  Wagstaff versus Wagstaff p wms atkins the chancellor though the will be not  sign in the last sheet and without witness hold it to be a good appointment of  the copyhold estate for the charity accord to the statute of Elizabeth c of  charitable use
case attorneygeneral at the relation of the overseer of Islington versus the  brewer company Lord chancellor Cowper Eq can ab pl cost not always to follow  the event of the cause as where though money be find due to the defendant u on  account yet it appear to be much less than have be claim by the defendant  answer in that case the defendant be allow no cost interest but from the time  of the master report confirm where the debt be not before liquidate  information to settle a charity give by lady Owen many year since whereby she  devise diverse land to the defendant the brewer company in trust to pa certain  annuity thereout to the poor of Islington since which the land be improve the  information be for a account of this charity the brewer company insist by  their answer that there be pound due to they from the charity but that however  they have not stop the payment to the poor and be Willing the improve rend  shall be apply for the benefit of the charity peer William the court at the  hear decree a account of the charity and of the debt due from thence to the  company and reserve the consideration of interest and cost the master report  but pound due from the charity to the company and now the cause come on upon  the equity reserve the court order interest to the defendant the company for  the pound from the time of confirm the report not before for that until then  it be no liquidate sum vide brown v Barkham post but as to cost the defendant  the company to have none though the balance be in their favour forasmuch as  they will have overcharge the charity six hundred and twentypound vide parrot  v Treby pre Charles and the plaintiff to have their cost for that they have be  serviceable to the charity by ease they of the six hundred and twenty pound  debt which be claim against they the interest and the plaintiff cost to be pay  out of the improve rend of the charity peer William de term S michaelis
case attorneygeneral versus Burdet and smith all roll Feb a appointment by a  tenant in tail to a charity shall bind the reversioner statute of charitable  use supply all defect of assurance which the donor be capable of make a  appointment by tenant in tail to a charity shall bind the reversioner in fee  and as a authority in point the case of Christ hospital and haw be cite duke  be Vernon chancery case er p charitable use the statute of charitable use  supply all defect of assurance where the donor be of capacity to dispose and  have such a estate as be in any way disposable by he whether by fine or common  recovery and the case also of the attorneygeneral and Hawley be cite that the  appointment by tenant in tail bar the remainderman so Tay v slaughter pre Ch  attorneygeneral v buy Warwick all ante p et vide case cite in not there Vernon  chancery case de term S HILLARII in curian porter
case attorneygeneral versus Hugh refer to Sinnett v Herbert l r Ch Thomas v  Howell l r Eq S c vern sub nom Att Genl v Baxter Eq can ab pl S c Vol vern  case die Sabbati June this cause concern the devise to Mr Baxter of money to  be by he distribute among poor eject nonconformist minister come to be reheard  the former decree be discharge and the information dismiss and the money then  remain in court order to be pay out to Mr Baxter to be by he distribute accord  to the will Reg lib a fol vide ante Vol S c
case attorneygeneral versus ruper at the roll Eq can ab pl one devise pound to  the church of saint Helen this be good and belong to the churchwarden and to  be employ in the repair and adorn the church parson a corporation for the take  of the land for the benefit of the church as the churchwarden be for personal  thing one by will give pound to his wife for life remainder to the parish  church of saint Helen London which be a impropriation upon this the question  be whether the vicar or stipendiary of this church shall be entitle to this  pound after the testator widow death or whether it shall go to the  churchwarden for the repair and improvement of the church the master of the  roll take time to consider of the case and afterward pronounce his decree that  this pound shall not go to the vicar or stipendiary of the church but do  belong to the churchwarden for the reparation of the church and the improve  and adorn the same peer William his honour take notice that money or charity  give for repair a church be one of the charity mention preserve and establish  by the stat Elizabeth c that as on the one hand the parson of the church be a  corporation for the take of land for the use and benefit of the church and not  capable of take good or any personalty on that behalf so on the contrary the  churchwarden be a corporation to take money or good or other personal thing  for the use of the church but be not enable to take land peer William er p  that good give or buy for the use of the church be all good church for the  take whereof the churchwarden may bring trespass f n b king and may bring  trespass for the take of these good as well in the time of their predecessor  as in their own time wherefore the court decree this pound to be apply towards  the repair and adorn the church peer William de term paschae
case atwood against ballard to what place the v venire facias shall he award  vide ante post cro James trespass for his close break the defendant justify by  reason of a way by prescription from his franktenement in d unto the will of S  in the same county issue be take de injurid sudproprid c and a venire facias  award from the visne of d only and thereby it be try and find for the  plaintiff and it be now move in arrest of judgement that it be a mistrial for  the visne ought to have be award from d and S gawdy true it be if the  prescription to have a way have be traverse and so it croak Elizabeth have be  adjudge here but by this replication the way be confess and it may be that he  break his close without use the uva for the way be not in question and of that  opinion be Popham but Fenner and Clench contra and therefore it be adjourn  vide Hen pl Henry pl Henry pl Edward pl
case atwood against beach bail take on a to know facias misnaming the  principal shall be discharge on motion after two nihils return judgement be  have against the principal and a to know facias be bring against the bail of  John king when his name be Thomas king and after two nihils return modern  report er p the bail be take in execution and this matter appear now to the  court upon a motion the counsel for the bail pray that they may be discharge  which be accord do say per curian if the to know facias have be return to know  to make they can not be discharge because they may have plead this matter in  abatement like the case of day v Guildford lev S c side S c ray a which be  tenant for life remainder to his issue in tail the tenant for life acknowledge  a statute and die then the cognizee bring a to know facias against the heir  who be the issue in tail and the sheriff return to know to make and thereupon  judgement be have against he and be turn out of possession of the land by  virtue of that judgement he bring a ejectment c and it be adjudge that he be  bind by the execution and that he have no remedy either by ejectment or by  modern report writ of error or by hearing complaint or by any other mean but  only by action against the sheriff for a false return if it be so because it  be his own fault by not plead to the to know facias that he be the issue in  tail after the sheriff have return he warn
case atwood against burr if bail bring error both in the judgement in to know  facias and in the original order it be erroneous S c salk S c salk S c Carth S  c Mod S c ld ray S c lily there be a judgement in to know facias against the  bail they bring a writ of error as well upon the principal judgement as upon  the judgement in the to know facias but it be quash because they be not party  to the original judgement
case atwood case justice of the peace have no jurisdiction over scandalous  word defamatory of religion roll ab vent keb stram and hawk p c hawk p c stram  error bring by he to reverse a judgement upon a indictment before justice of  peace for scandalous word that the religion now profess be a new religion a  vide SC post croak James er p within fifty year preach be but prate and hear  of service more edify than two hour preach and be thereof convict be fine one  hundred mark the error assign be that this be not any offence inquirable by  indictment and before justice of peace but only before the high commissioner  and it be refer to the king attorney to consider thereof sir Henry Yelverton  attorneygeneral certify that it be not inquirable before they and the court be  of that opinion but they will advice
case Audley against frank Michaelmas term Elizabeth roll law wager allow de be  be on a doubt whether it can he plead in chancery debt in chancery for that  the plaintiff be servant to the Lord keeper upon a contract and upon arrearage  of account the defendant quoad that which be upon account plead nothing dehet  per native land and quoad residuum he wage his law the whole record be send  hither and the defendant have day to wage his law and at the day be ready to  make it Fenner doubt whether he ought to make his law here for none of the  clerk can rememher any such precedent wherefore he only be in court send Kemp  the secondary into the common plea to know their opinion and they also be  doubtful wherefore de be be he cause he to make his law c and will advice of  the record thereof
case Audley against SUTTREL a array quash for affinity   light a post ejection  formic the defendant challenge the array because the sheriff be cousin to the  plaintiff which be confess but it be say that the sheriff be as near of kin to  the defendant and upon this it be demurrer and by advice the array be quash
case AUNCELME against AUNCELME the admittance of the tenant for life be a  admittance of he in remainder   hut cro Elizabeth roll ab more vent Mod vent  lev bull n p term Rep a verdict find part of the issue only be bad post    light a cro car roll ab   stram hob Rep dyer term Rep cro Elizabeth hawk p c  in notorious facts trespass upon a special verdict the case be a copyholder in  fee surrender to the use of Martha his wife for life remainder to Matthew his  young son in fee and die Martha be admit but Matthew refuse to be admit during  the life of Martha afterward Matthew without other admittance surrender to the  use of the plaintiff in the life of Martha who be admit accord Matthew and  Martha die and the son of Matthew procure himself to be admit and enter claim  the land and whether his entry be congeable be the question because Matthew  surrender before admittance Popham Fenner and Yelverton the other send away  hold that this admittance of the feme be a admittance of he in remainder  without any other admittance for the feme be admit to the particular estate  the remainder depend thereupon and vest without other admittance for they make  but one estate wherefore they resolve for the plaintiff But by reason of a  imperfection in the verdict no judgement be give for they find quoad parcel  property this special matter but they do not show what parcel and they find  nothing for the residue wherefore the verdict be hold to be ill for both and a  venire facias de to make new award
case austen against baker assumpsit in consideration that a will deliver good  to c he b will see he pay assumpsit against baker upon a promise suppose to be  make by he to pay for good deliver by the plaintiff to a holt chief justice  take this difference if b desire a to deliver good to c and promise to see he  pay there assumpsit lie against b though in that case be say at guildhall he  always require the tradesman to produce his book to see who credit be give to  but if after good deliver to c by a b say to a you shall be pay for the good  it will be hard to saddle he with the debt a
case austen against pigot in prohibition the suggestion need not he strict  prove it be sufficient if it appear that the court have not jurisdiction ante  post more cro James yely palm Noy hetl K6b sand vent stra Cowp Doug term Rep  prohibition for sue for tithe wherein it be suggest thatrPigot proprietor of  the rectory of b wherein those land be and all his predecessor have have  twenty acre of pasture and another close contain twenty acre of wood in  satisfaction if tithe and his witness be examine accord to the Edward c prove  that he have the twenty acre of pasture but do of wood coke attorneygeneral  pray consultation for the suggestion be not sufficient that he have the close  c without show of what estate or how the suggestion also be not prove as it be  allege but all the court hold it to he well enough for it be sufficient that  he have it and the other can show bow and so dr Coltons case be rule accord  the proof also in a prohibition ought not to he so precise but if it appear  that the court Christian ought not to hold plea thereof it suffice therefore  if there have prescription that the parson hold a hundred acre of land in  satisfaction of tithe and the proof he that he hold sixty acre only in  satisfaction of they it be well enough a so here the substance be prove that  he hold land in satisfaction c a see James c a Mod lev ray Bl Rep croak  Elizabeth er p wherefore it be agree that the plaintiff shall declare b and  that the defendant shall plead to issue vide dyer
case austen against royden in ejectment for land in Aylesham if the defendant  plead that Aylesham where the land lie be within the cinque port a replication  that Aylesham be in the county of Sussex without hoc that it be within the  cinque port be good ejectment of land in Aylesham the defendant plead that  Aylesham aforesaid where tenement predict jacent be within the cinque port  where breve domini king non to run c the plaintiff reply that Aylesham  aforesaid be within the county of Sussex without hoc that Aylesham be within  the cinque port the defendant thereupon demurrer for that he do not traverse  that Aylesham wherein the land lie be within the cinque port finch sergeant  say that by this traverse if any part of Aylesham be out of the cinque port  and in the county of ken as in truth this case be that part of the village be  within the cinque port and the other out and this land be in that part which  be within the cinque port yet by this traverse the defendant shall be try and  for that the yearbook of Edward pl be cite but all the court hold that the  replication and traverse be good for by the defendant plea it shall be intend  that the whole village of Aylesham be within the cinque port and the addition  where tenement jacent be but idle word and the defendant ought first to have  show that part be within the cinque port and part without otherwise the court  shall not intend it and forasmuch as he have not show it the plaintiff have  the advantage by traverse that Aylesham be not within the cinque port the  replication therefore be adjudge good and judgement give for the plaintiff  croak James er p
case austen against WILLWARD and two other Hilary term Elizabeth roll in  trespass against several if one plead not guilty and the other justify and  damage be several assess it be have   b cro James cro car Carth roll Rep hob  Str burr dougl trespass of battery two of the defendant plead de son assault  demesne the three plead not guilty both issue be find for the plaintiff and  several damage find against they who plead several and rule to he ill for it  be one joint and entire offence by the plaintiff action and when all be find  equal guilty the damage ought to have be entire but if in trespass against  diverse the one he find guilty in part and the other in all there the damage  shall he several Henry pl I I croak Elizabeth er p
case austen and steen against Courtney the word tenement be too uncertain for  a fine   a Leon Owen side mad Exch march roll Abr term Rep I queen if a  corporation can prescrihe to levy fines?Post error to reverse a fine levy in  Exeter upon a plaint in nature of a writ of covenant I error a Edward that the  plaint be quod to hold assembly de dvobus property in Exeter and abut they on  every side which be incertain for tenement contain diverse thing as reiA land  meadow c as a ejection firmce of a tenement and a indictment that one enter in  property croak Elizabeth with force be not good and this error be assign in  the plaint for the fine relate to the covenant and be levy de property prcedid  error the fine levy in Exeter be void for they can prescribe to levy fine for  then the queen shall lose her fine tro licentid to agree ass Edward pl in  Elizabeth it be rule in a Chester case that a fine levy there be void the  judgement be reverse but the justicesdelivered no opinion whether a fine levy  in Exeter be good or not
case austie against meason to say thou have make a forge bind be actionable  action for these word thou have make a forge bind and I will prove it the  defendant plead not guilty after verdict it be move that the action lie not  for he say not that he have forge a bind and it may be he be a scrivener and  may write a bind which be afterward for ed and yet he no slander to he say  nonallocalur and it wasadjudged for the plaintiff
case austin against austin Trinity term James roll a writ of enquiry shall be  award on a joinder in demurrer to a special plea in trover amount to the  general issue ante cro car Brownl   lat cro Elizabeth say vide cro Elizabeth  Bac Abr Bac Abr trover the defendant plead that before the time wherein the  plaintiff suppose the good to come to the defendant hand one S a be possess of  they and among other good sell they to the defendant but retain they in his  own hand and afterward sell they to the plaintiff by reason whereof the  plaintiff be possess and afterward lose they and they come to the defendant  hand who convert they prout c the plaintiff demurrer and it be hold by the  court to be a ill plea for it amount to a not guilty it be doubt whether the  court shall compel the defendant to plead not guilty or award a writ of  enquiry but at last it be resolve that a writ of enquiry shall be award croak  James er p croak throw easter term James in the king bench sir Thomas Fleming  Knt chief justice sir David William Knt sir John croak Knt sir John Doderidge  Knt justice sir Henry Hobart Knt attorney general sir Francis Bacon Knt  solicitor general
case austin against Bewley easter term James roll where the promise be  collateral a general indebitatus be sufficient ante post cro car hob corn dig  the court must ex duty take notice of the commencement of term error of a  judgement give in Rochester in a assumpsit where the plaintiff declare that  the defendant be indebt to he in fifteen pound in consideration the plaintiff  will give time to he for the payment until the first day of easter term  promise to pay c and allege in fact that he give day for the payment c and  that he have not pay upon non assumpsit plead and find for the plaintiff and  judgement accord error be assign for that it be not show how the debt accrue  for it be say that a general indebitatus be not sufficient but it be resolve  that general indebitatus assumpsit be not sufficient where it be the ground of  the action as to say whereas he be indebt to he in such a sum he promise to  pay there he ought to show how he be indebt but where it be but a inducement  to the action as it be here in consideration that he shall forbear the debt  until such a day for that they agree upon the debt and so it be but a  collateral a promise it be good enough without show how second it be object to  be erroneous because it be not show when easter term begin say non allocatur  for it be well know to the court and the action be conceive after the end of  the term wherefore the judgement be affirm
case austin against CRISBY two to know facias of the same testae but several  return executor bring a to know facias test the twentysecond day of October  returnable the fourteenth of November and a second to know facias of the same  testae returnable the twentythird day of November so by rule of court the  defendant have four day from the return of the second to know facias to plead  which indeed be all that remain of the term they do not plead and the  plaintiff take out a become facias returnable the same last day to warrant a  testatum and per curian it be well for though the defendant have four day  after the return of the second to know facias to plead yet that be a favour to  he when he do not plead the judgement be of the day of the return of the  second to know modern facias and he may very well take out a become facias  after to warrant the testatum the secondary remember a case where a become  facias be returnable before the judgement affirm and hold good in favour of  execution to warrant a testatum
case austin against lucas tithe ante I roll Abr Inst cro James more Brownl  raym Carth bunb salk ld raym Bac Abr wood Inst ld raym it be hold by all the  justice that for broom furze or any other fuel expend in a parishioner house  there be not any tithe due or Payable a prescription also to pay the ten  cheese make from Mayday until the first of August in recompense of all  tithemilk for the whole year be good for that come of labour and be not due of  itself and therefore be a good discharge but to pay the ten quart of milk be  not good for that be but for what be due but Popham say to pay the ten quart  of milk at the parsonagehouse or at any other place be good enough
case austin against white word ante Cr post ld ray action for these word thou  be lie of the French pox adjudge actionable and Fenner say it be adjudge in  this court that for these word thou be lie of the pox action do lie for it can  be intend but of the French pox a
case AUSTYE against fawkener if issue he take upon a have prescription it be  aid after verdict by the statute of jeofail ante post yely cro James   a hob  Com dig will salk ante post replevin the defendant avow for damage pheasant  the plaintiff justify for that he have a close adjoin to the defendant close  and that the defendant and all the occupier of the say close from time whereof  c have use to repair the fence between the close and for not sufficient  enclose his beast enter c issue be take upon the prescription and find for the  avowant and now move in arrest of judgement that the prescription that every  occupier c be too general for tenant at will or at sufferance or a seize be  occupier Walmsley true it be the prescription be not good for this enclosure  be a charge upon the land and they who be only occupier as a seize tenant at  will or sufferance can charge the land therewith but it ought to have be that  he and all they who estate c but such a prescription to pay so much in  discharge of tithe by the occupier of land have be allow to be good for that  go in discharge and for the benefit of the land and tithe arise upon the  occupy the land but yet in regard that issue be take upon this prescription  and a verdict have find it this be not any cause for stay judgement but it be  aid by the statute of Jeofails a and thereto the other justice agree vix that  the prescription be not good and that it be help by the say statute wherefore  c
case Aylesworth against Chadwell in the exchequer Chamber a clerical  misprision in judicial process be amendable post dyer Yelv cro James   Com dig  Bac ab Bac ab Cowp b dougl term Rep term Rep error of a judgement in debt upon  a obligation in the king bench the first error assign be that the party be at  issue the award of the roll be of a venire facias returnable die March post  crastin purification and the venire facias be make returnable die Sabbati post  octabis purification the second error be that the venire facias do bear date  the twelve day of February and be returnable die Sabbati post octabis  purification which be before the testae say non allocatur for be a judicial  process and the fault of the clerk it shall be amend and thereupon judgement  be affirm croak car er p
case Ayliffe versus Mr justice tracy Mod Eq can ab pl pl a letter from father  to his daughter by which he agree to give her pound portion and this not show  to the man who afterward marry the daughter do not take the promise out of the  statute of fraud the plaintiff court one of the daughter of sir Thomas  haslewood and treat with the father about the marriage the father consent to  the marriage and write to his daughter intimate that he have meet the  plaintiff Mr Ayliffe and have agree to give he as a portion pound which the  plaintiff he say seem full to assent to and that they be to meet the next day  when the affair be to be full conclude and subscribe his name to the letter  accord they meet and agree to the marriage and the father give money to the  daughter to buy her weddingclothes and the weddingday have be appoint the  father die before that day have make his will long before this treaty of  marriage and give his daughter only pound the daughter do not show this letter  to the plaintiff her intend husband who she afterward marry and the pound  legacy be pay to the plaintiff the husband but he do not peer William neither  be he require to make any settlement on his wife but be a merchant and freeman  of London Lord chancellor this be no more than a communication have no  ingredient of equity the husband make no settlement be do not know of this  letter it be write to the daughter and therefore can be suppose to have marry  in confidence of the letter then he accept of the pound legacy as the portion  and at that time demand no more and the other daughter have but pound portion  dismiss the bill this case be very different state in Mod in the register book  nothing appear but the order of dismissal Reg lib a fol
case AYLWOOD against woolly a plea in abatement must go to the whole a action  be bring in the court of common plea upon three several promise the first for  fiftyfive pound the second for sixtyfive pound and the three for sixtyfive  pound the defendant plead as to part non assumpsit and as to part in abatement  modern report thus videlicet as to fifty pound of the first promise sixty  pound of the second and sixty pound of the three quod breve empty because  there be three action depend in the court of exchequer for the same sum  judgement of to answer ouster give in the court of common plea the court of  king bench upon error bring be of opinion that the judgement in the common  plea be well give for a plea in abatement must go to the whole and not to part  and the three action depend in the court of exchequer may have be plead in bar  of the whole modern report er p
case AYNESLEY versus vaughan eoden die in court lord commissioner the  plaintiff bill be to have the benefit of a agreement by which she surmise that  one Dalton shaftoe agree in case of failure of issue of his own body the land  shall remain to the plaintiff and that he and his heir shall stand seize of  the premise upon such trust as aforesaid the court suppose the deed produce by  the plaintiff purport such agreement to be forge but in case there be any such  real agreement yet it be well bar by the subsequent agreement Vernon chancery  case er p
case bach against gilbert a will and a parish shall be intend all one until  the contrary be show   light b   b   b cro James sayer burr error upon a  judgement in the common plea in a ejectment the error assign for that jane  Herlakenden at d demise a house and acre of land in d per nomina all  messuagiorum the earth et property of oneself in parochian de d seu alibi in  comitat canc upon not guilty plead the plaintiff surmise that the say croak  car er p parish of d be in Rumney within one of the cinque port where breve  domini king non to run and that Allington be the next village adjoin thereto  in the county of ken and pray a venire facias upon it and thereupon a venire  facias be award de vicineto de Allington and by they it be find for the  plaintiff and it be now assign for error that this venire facias be misawarded  and a mistrial not aid by the statute for the surmise ought to have be that d  be within the cinque port and not that the parish of d be within the cinque  port for d may be a village of itself and the per nomina all the earth c in  parochian de d may be the same place but the court hold that the will and the  parish be intend all one unless the contrary be show and that it be no error  wherefore rule be give that the judgement shall be affirm
case bachelor versus bean eoden die Lord chancellor Eq can ab pl S c a man  marry a executrix he shall answer for so much of the personal estate as she  possess though he take it as a portion with her the bill be bring by the heir  for a account of his father personal estate and to have it apply in ease and  exoneration of the real estate and be bring against the second husband who  marry the plaintiff father widow and executrix upon exception to a master  report the court declare that the husband who have marry the widow and  executrix of her former husband shall be answerable for so much of the former  husband personal estate as she have possess and that although he take it as a  portion with the widow and this in favour of the heir though there be no  creditor concern in this case the defendant in this case be the assignee of a  mortgagee and have marry the widow and executrix of the mortgagor and the  exception to the master report be that he have not charge the defendant among  other with the sum of pound S be asset of the say testator come to his own  hand and more than sufficient to satisfy the mortgage money then due to he  together with the interest it appear that the say executrix have sell stock  and cattle of the mortgagor for pound and have take bind for the same in her  own name and that upon he intermarriage with the defendant the defendant  possess the bind and after the intermarriage receive the money due thereon  which it be insist ought to go in discharge of the say mortgage money the  defendant insist that he take the bind and receive the money due thereon as a  portion with his wife and decree it shall go in satisfaction of the mortgage  and there be more than sufficient for that purpose that the defendant shall  reconvey the mortgage premise c Reg lib a fol vide Sanderson v crouch post
case BACHURST against CLINKARD on a become facias against one of two or more  partner the sheriff must seize the joint property but he can only sell the  share of he against who the writ issue SC holt case against the defendant as  sheriff of ken recite a judgement at the plaintiff suit against William dyke  for four hundred pound and a become facias thereon deliver to the sheriff that  though dyke have diverse good and chattel yet he have neglect to seize they  and make a false return of no one good on not guilty plead on a trial before  the Lord chief justice holt the case be thus dyke brown and other be partner  of several sum of great value brown be indebt a become facias be sue against  he and thereon these good be all seize and in the sheriff custody and  consequent shower KB not liable to the plaintiff execution hold by holt chief  justice that be once seize and in custody of law they can not be seize again  by the same or another sheriff and if they be sell thereon such bargain will  be void hold also that though they have joint and undivided interest yet only  the share or part of brown and no more can be seize upon the execution against  brown good and consequent dyke have good and so the return a Noy b roll Abr e    d cro Elizabeth shower KB er p be false and we have a verdict and judgement  for two hundred pound be the value of our debt note both these point be  resolve in court the day before by he in his argument in the case of Etkins v  western and not deny by any of the judge and I see chief justice pollexfen  opinion under his band upon this occasion that on execution against one  partner be good only his share or part be liable a
case back versus Andrew Cf Gordon v Whieldon Bea v January in court lord  commissioner pre Ch S c a purchase a copyhold estate and take the surrender to  himself and his wife and daughter and their heir the husband and wife as one  person take a moiety by intireties and the daughter the other moiety the  husband mortgage it and die void for the whole and no relief in equity  purchase make of a copyhold estate by John Andrew the husband and the  surrender take to John Andrew and his wife and Elizabeth his daughter and  their heir the say John Andrew as be visible owner of the estate take upon he  to make a conditional surrender by way of mortgage to the plaintiff and  afterward die the plaintiff bill be against the mother and daughter to  discover their title and to set aside their estate as fraudulent against the  plaintiff who be a purchaser send non allocate bill dismiss but without cost  or per cur the husband and wife take one moiety by intireties so that the  husband can alien nor dispose of it so as to bind the wife vide   light a b  anon skin Bricker v Whatley ante Vol green on they of crew v king Bl Rep and  the other moiety be well vest in the daughter
case back versus andrews January lord commissioner Maynard Keck and Rawlinson  Eq Abr c S c vern S c a purchase a copyhold in his own his wife and daughter  name and afterward surrender it for the secure a debt to I S I S not entitle  to any part of the land it be a advancement for the wife and daughter and the  husband and wife take one moiety thereof by intireties I S purchase a copyhold  to himself his wife and his daughter and their heir and afterward surrender  this copyhold to the plaintiff and his heir for secure a sum of money and die  the plaintiff bring this bill to have the estate make good to he and the  question be whether he shall have any or what part of the land for the  plaintiff it be insist he ought to have the whole for that the whole  purchasemoney be the money of I S and the wife and daughter be but trustee for  he but at the worst he must have the husband share for the defendant it be  insist that this purchase shall be look upon as a advancement for the wife and  daughter and they not to be trustee and the husband and wife take by  intireties and so the surrender of the husband can pass no part of the land  and it be a copyhold the plaintiff may have precedent in chancery inform  himself how the title stand and of that opinion be all the commissioner so the  bill be dismiss but without cost
case bacon against GYRLING a lease by a lessee for life with a exception of  tree be good but if a lessee for year assign his term with such a exception it  be void   b cro Elizabeth trespass upon demurrer it be resolve where lessee  for life make a lease for year except the wood underwood and tree grow upon  the land that it be a good exception although he have not any interest in they  but as lessee because he remain always tenant and be Chargeable in waste  wherefore to prevent it he may make the exception but if lessee for year  assign over his tern with such a exception it be a void exception a see godb  ld ray foster croak James er p
case badger against Floid person who have judgement in ejectment may bring  debt for rend notwithstanding writ of error pen S c holt the plaintiff have  judgement in ejectment of which error be bring and bail give to prosecute and  answer the mean profit and pen it the plaintiff bring debt for rend and per  curium the writ of error do not hinder the plaintiff from bring debt or  distrain for his rend and here he may have enter without a writ of execution  and only all execution by writ be suspend by the writ of error and in a real  action after judgement the plaintiff may enter notwithstanding the writ of  error if his entry be lawful without the judgement for that be not by force of  the judgement which shall not put he modern report in a worse condition than  he be in before and whereas it be urge that in the exchequer they have lie a  plaintiff by the heel for such a thing holt chief justice say it must have be  by virtue of their equitable power which this court have not
case badger and badger at the roll eoden die one live in Oxfordshire covenant  to purchase land of a year the party entitle choose the money be decree to  have year purchase which be the price land sell at in that country but not the  interest of the purchase money but only the pound a year the husband by  article previous to his marriage covenant to purchase land of pound a year in  trust for the issue of that marriage as tenant in tail in common remainder in  fee to his own right heir and on a bill file for that purpose a decree be make  that the husband shall perform the article he die and the other mosely report  er p child with the old son join in a petition to have the money pay to they  and not invest in a purchase vern and a order be make accord and the only  question be at what price the purchase shall be settle and the master of the  roll think at first that by the covenant the husband be bind only to purchase  land of pound a year any where in England or Wales but afterward he be of  opinion that since this court have decree a execution of the trust they will  likewise take care that it be execute in a reasonable manner and as the party  live in Oxfordshire it be most likely the purchase be design to have be  thereabouts and therefore he order the petitioner to be pay after the rate of  twentyfour year purchase which be the usual price land sell at in that country  and that they shall be allow pound a year from the death of the father though  they insist to be allow the interest at five per cent for the money which be  decree to be pay for the purchase
case badgerly against wood tithe of pigeon spend in the house not due  prohibition to the spiritual court for tithe pigeon on suggestion that they be  spend in the house holt chief justice doubt
case BADMERIN against pike covenant to stand seize to the use of a stranger in  consideration of love and affection be a bargain and sale Pengelly object to a  covenant to stand seize to the use of a stranger in con modern report er p  sideration of love and affection and for service do for that no use can arise  on such a deed though it may on a lease for a year where there may be a  valuable consideration reeves it be of love and affection for service do and  in consideration of five shilling and it be not necessary to prove the  consideration for that be in the person own knowledge service be sufficient to  ground a assumpsit and it will be the same in the case of a use five shilling  be certain sufficient to raise a use Pratt chief justice and Eyre justice if  it pass in consideration for money it must be a bargain and sale and not be  enrol will not do in this case Pengelly it be love and affection for service  do which must be construe love and affection arise from service do Eyre  justice it be the same thing for that make the service a part of the  consideration
case Bagnal against sacheverell if a verdict find a different assumpsit than  that state it be have ante   light stram Cowp dougl term Rep assumpsit for  that whereas the defendant be indebt to he in l he promise to pay it the jury  find that quoad l parcel of the say he do assume to pay it c quoad residuum  non assumpsit it be move if upon this verdict the plaintiff shall have  judgement and resolve he shall not because it be find that he do assume only  for part so the same assumpsit be not find that the plaintiff do declare upon  and although it be upon a indebitatus assumpsit it will not alter the case a
case Bagnall against stokes the spiritual court must receive such evidence as  will he proof at commonlaw post vent Inst roll Abr hob   Het show comb holt  Mod ld ray salk Carth Cowp prohibition and surmise that the defendant sue he  be a executor in the spiritual court for a legacy whereas the plaintiff have a  release but have only one witness to prove it a consultation be grant but if  he have surmise that he have plead this release in that court and produce his  witness and that they will not allow it because it have not two witness this  have be a good surmise and it be say the plaintiff be at no mischief for he  may have a prohibition after sentence give in that court
case bagshaw against newton in chancery October on a bill bring for a specific  legacy cost decree out of the other part of testator personal estate that the  legacy may be entire this bill be bring for the payment of a legacy leave to  the plaintiff by his father will who die in the plaintiff at that nine very  young it be a specific legacy of the stock in the fund and SouthSea annuity  Payable at twentyone the executor do not appropriate any particular fund for  the payment of this legacy and die leave a considerable estate in the fund  which he by will have subject to the payment of his debt the court order  interest to be compute at the rate of five pound per cent and resolve that  when a specific legacy be claim in this court the legatee must have cost  decree he out of the other part of the testator estate for otherwise it will  be to abridge the specific legacy
case bagshaw against plain Michaelmas term pound roll in debt on bind for such  a sum Flemish it must he find by a writ of enquiry what the value be in  EDglisb post cro James more yely Leon Brownl Leon Lut Mod see Bac Abr in  notorious facts Com dig Carth error of a judgement in debt the plaintiff  declare against the defendant as executor to I S in debt upon a obligation and  demand S d monetce Flandrice attingen ad valentian S d the defendant  pleadedplen to manage and find against he and judgement thereupon qubd  recupere debt is owed prmdictum the error assign be because it be not inquire  by the jury upon take the verdict nor by writ to inquire of the value of the  money and to give judgement accord Daniel sergeant move that it be well enough  and the value shall he intend to he as it be in the declaration and to that  purpose cite a precedent in the book of entry fol and another precedent in the  queen bench hill Elizabeth rot betwixt Davids and Wychalls where debt be bring  for l and declare upon sale of certain pilebards for l Portugalice quos  moisten ad valentian l of monetco England and upon a nothing to say have  judgement to recover the l and it be much debate and argue but all the justice  and baron here hold it to he error for the value of Flemish money be not know  to we no more than the value of twenty quarter of wheat or the like whereof  the value be to he inquire as Henry pl and Edward pl which be the reason that  the plaintiff in his declaration ought to express the value thereof but of  current money here whereof the value be know it need not and therefore the  judgement here ought to have be qubd recupere the S d Flemish money and a writ  have be award to inquire of the value thereof and therefore as it be give it  be erroneous and for that cause the judgement be reverse
case bagshaw versus spencer at the roll February SC ves and post Benjamin  Allison devise land to b and c and their heir in trust by rend and profit sale  or mortgage to pay his debt and funeral expense and after in trust as to a  moiety to the use of his nephew Thomas bagshaw for life without impeachment of  waste remainder to trustee and their heir during the life of the say Thomas  bagshaw to preserve the contingent remainder with remainder to the use of the  heir of the body of Thomas bagshaw with other remainder over it be adjourn  after some debate till a certificate shall be make in the case of colson and  colson but it be say here be two material difference the clause sans waste  vide post atk where Lord Hardwicke make this distinction this be a trust and  the court must necessary interpose and decree a conveyance Videathe case of  legate and jewel p W
case bail versus coleman April the trust of land be devise to a for life with  power of lease remainder to the heir male of the body of a decree the trustee  to convey a estatetail to a and not a estate for life only with remainder to  his first c son in tail male post can but otherwise it will be if land be  agree to be so settle by marriagearticle William Stowell by will devise land  to trustee and their heir for payment of debt and legacy and after debt and  legacy pay will that one four part shall be and remain in trust for Elizabeth  bail for and during the term of her Vernon chancery case er p natural life  with power of lease for ninetynine year determinable on one two or three life  and from and after her decease in trust for her son Christopher bail for and  during the term of his natural life with like power of lease and after his  decease in trust for the heir male of the body of the say Christopher lawful  to be beget Lord chancellor Cowper decree the trustee to convey only a estate  for life to Christopher bail and to his first and other son in tail male  Vernon chancery case but upon a rehear the Lord keeper reverse that decree and  decree a estatetail to be convey to Christopher videlicet to he and the heir  male of his body although he admit that upon article of marriage find on the  agreement of the party the husband in such case may be make only tenant for  life but in a will you must take word as you find they p wms SC et vide the  note there
case bailey against Purley Trinity term James roll a assumpsit to pay accord  to the rate of five per cent in consideration of forbearance must show the  time of forbearance a request previous to the action and that the sum demand  be accord to the rate of five per cent ante Cowp assumpsit whereas the  defendant be indebt to he in two hundred pound for a legacy give to his wife  promise if he will forbear the payment that he will pay he for it accord to  the rate of ten pound per cent and allege in fact that he forbear he from the  that of August James which be the day of the promise until the time of the  bill exhibit videlicet that January James and that he have not pay the two  hundred pound nor nine pound four shilling for the forbearance for the say  time although require that February James after verdict upon non assumpsit  plead and find for the plaintiff it be now move in arrest of judgement that  the declaration be not good first because it be in consideration that he shall  forbear and he do not show any time second because it be allege that nine  pound four shilling be due for the say time from August to January and do not  say secundum raft of ten per hundred and in truth upon computation this be  more than be due three for that the request be allege to be after the action  bring upon the first motion they hold the declaration to be ill especial for  the second cause and appoint that judgement shall be stay until it be move on  the other part
case bailey and other against lloyd and other a release from one trustee after  action bring may be plead in bar debt on bind by the plaintiff as trustee c to  which the defendant plead a release from one of the trustee after the action  bring to this there be a demurrer and joinder and the question be as this be  not in the plaintiff own right but it be in modern er p the right of a company  and it be a common release whether it can bind the other plaintiff party lev  cro Elizabeth roll Abr lev lev more Leon a the court the oblige have the only  legal interest in they and consequent the only right to release and a release  from the one be a release from the other it be certain well plead the case of  the countess ken be cite judgement for the defendant
case bailey versus Devereux novembris in court Lord keeper Eq can ab pl S c  this court will not suffer a man to be sue at law for execute the process of  the court though it issue irregular upon a motion for a injunction the case be  that a action of assault battery and false imprisonment be bring at law  against the plaintiff for arrest the defendant on a commission of rebellion  which issue irregular per cur the plaintiff must have a injunction for the  irregularity ought to be punish in this court and can only be examine and  determine here whether regular or not for at law suppose the commission of  rebellion issue regular they will not allow that as a justification and  therefore the injunction be grant and it be refer to a master to examine  whether the commission of rebellion issue regular or not and in case he find  it irregular to tax the defendant his cost November a motion on the part of  the defendant be make to dissolve a injunction which have be obtain by the  plaintiff and the order from the register book appear to be that the  irregularity of the proceed be refer to be examine by the master who be to  certify the same and it be further order that the defendant shall be at  liberty to proceed to trial unless cause show on a give short day and the  defendant in the mean time be at liberty to prepare for trial Reg lib a fol No  further entry appear
case baily against burman ELWAY and other declaration in assault against four  can be join fazakerly move to join four declaration into one on affidavit that  the assault if any be commit at the same time and place modern report er p per  curian it will be inconvenient to the plaintiff for the other defendant as  sever may be use as witness which can be if join fazakerly then move to plead  not guilty and son assault demesne per curian those plead be inconsistent we  have allow two plead that be so in case of executor because the matter of  defence do not always lie within their knowledge but the defendant know his  own defence the court deny the motion
case baily against CHURINGTON word not actionable cro James will b r h action  for these word thou art a false kna e thou waste arraign for two bullock  adjudge that the word be not actionable for he say not he be arraign for steal  two bullock and if the word have been so yet the word have not been actionable  for a man may be arraign for felony and yet he no felon
case baily against stevens a custom that land shall descend to the young son  shall not extend to the young brother   light roll ab cro car all Jones Leon  godb Com dig Mod ld raym peer will Robinson on gavelkind by the court where  land in boroughenglish descend to the young son and he die without issue it  shall not go to the young brother for the custom do not hold place betwixt  brother without a particular custom but the old brother shall have it
case baily and ploughman at the roll eoden die where a creditor be part  satisfy out of the personal estate he shall receive nothing out of the real  estate devise in trust to executor till the other creditor have be first pay  out of the real estate the same proportion he receive out of the personal post  Cas Cas Cas Nels Fol Rep in cane vern Chan Cas Chan Cas vern vern Wentw off of  ex saint h ch dyer it be adjudge in this cause on the authority of the case of  Degy and degg decree by the present master of the roll and affirm on appeal by  Lord chancellor Macclesfield that where a real estate be devise to executor in  trust for the payment of debt though the creditor shall be pay accord to  priority out of the personal estate which must be distribute in a course of  administration and the executor may retain to satisfy himself yet neither he  or any other creditor shall come in with the other creditor who have receive  no part of their debt to be pay the residue of the debt in a average out of  the real estate but the other creditor shall be first satisfy out of the real  estate in proportion to what be receive out of the personal estate before the  other shall be let into any share of the real estate
case baily vers CHEESELEY in b r a clause in the condition of a arbitration  bind that the obligor will consent to have the submission make a rule of court  determine to be a consent for that purpose ld raym SC salk pl SC Com dig Bac  Abr Crompt bring it be move to make a submission to a award a rule of the  court upon a affidavit that it be so agree at the time of the submission and  the bind of arbitration be produce it appear to be with condition that the  party shall stand to the award and will consent to have it make a rule of  court otherwise the condition to be void and it be insist that there be no  consent but only a penalty in case he will not consent afterward and by the  statute saint will c a it ought to be a present consent and if it be not so at  the time of the submission it never can be make so but the court be of opinion  that this condition be a consent otherwise it be of no signification and that  if there be not a consent to make the award a rule of court there be no  submission for the submission be contain also within the condition of the  obligation the court hold in the case of Harrison vers Grundy that they can  not receive any complaint to set aside a award until the submission be make a  rule of Court  and that a consent in the submission bind to make the award a  rule of court instead of the submission will not warrant their interpose Str
case baily versus Powell content vern S c Elizabeth burgess make her will and  give legacy to all her relation which as appear she have no great kindness for  but do not trust some of they with their own legacy but devise they to trustee  to be put out for their benefit she likewise give pound to one of her executor  and pound to the other and the question be who shall have the surplus which be  considerable my Lord chancellor decree it to be distribute and the executor to  pay cost for insist on it reference have be have to the register book and it  appear that in this case the legacy have be satisfy and release take from the  plaintiff the original bill be file for the purpose of set aside the release  and pray a distribution Powell one of the executor by his answer state  declaration of the testatrix that her relation shall have no more and hope to  prove that the testatrix intend the surplus for the executor mead the other  executor by his answer state that the surplus amount to pound but do not  insist on his moiety a cross bill be file in order to establish the release  upon the hear of this cause it be decree that the executor shall account and  pay what shall be remain after payment of debt to the plaintiff in equal three  the brother and two sister of the testatrix and Powell to pay the plaintiff  their cost the cross bill dismiss with cost that December register book a b  this case be ample comment upon by Lord Loughborough in the decision of Bowker  v hunter brown Rep in this modern case all the various authority be through  recognize both in the argument and decision and the principle of the doctrine  upon this subject full discuss it be hold that the executor take unequal  legacy in their own name shall be entitle to the residue precedent in chancery  er p precedent in chancery de TEMINO S the number three in curian porter
case baily versus Robson Eq Abr c strange wms vezey S p mortgagor borrow more  money on bind the vendee of the heir of the mortgagor shall redeem the land  without pay the bind debt a mortgagee in fee lend money to the mortgagor upon  bind and the mortgagor die and his heir sell the equity of redemption Lord  chancellor the vendee of the heir of the mortgagor shall redeem the land  without pay the money lend on the bind
case bains against brighton in debt on bind for the penalty on nonpayment of  the principal sum it must be aver that it be not pay at the day cro Elizabeth  Com dig dougl term Rep debt for forty shilling upon a bill Obligatory and  declare that the defendant by his bill date February confess himself to be  indebt to the plaintiff in twenty shilling to loosen at Michaelmas follow ad  how indeed loosing faciend he do oblige himself in forty shilling and for  nonpayment of the forty shilling the action be bring the defendant plead that  at the time of the obligation make he be within age and issue thereupon and  find for the plaintiff and Germin sergeant now move in arrest of judgement  that the declaration be ill because it be not therein allege that the twenty  shilling be not pay at the day for if otherwise the forty shilling be not due  all the court be of that opinion for it be not a obligation with a condition  whereupon rule be give that judgement shall be enter for the defendant unless  c a this case be deny in Lloyd v Jones and other easter term Geo and roll ab  pl be good law Mod ld ray l c b Parker ms croak car er p
case baker against chandler judgement for want of a plea judgement and  execution thereupon be set aside for that the plea be put in before the  judgement sign
case baker against hack Hilary term car roll a lease for life make by a tenant  in tail and the reversioner in fee be a discontinuance not only of the estate  in tail but of the reversion also notwithstanding the tenant in tail die  without issue during the life of beneficiary who vie see post S C Jones Henry  roll ab Hutton   light a cro Elizabeth Com dig Powel on Dev upon a special  verdict the case be John Coster tenant in tail the reversion over to Robert  Coster in fee they join in a lease for life by deed and afterward be in the  reversion during the lease for life devise that reversion and die afterward  tenant in tail die without issue the question be whether this devise be good  or not and it be argue at the bar by roll for the plaintiff and by Maynard for  the defendant the doubt be if tenant in tail join with he in reversion in a  lease for life riot warrant by the statute so as it be a great estate than  tenant in tail can make whether it be a discontinuance of the tail only or a  discontinuance of the reversion also for if it be a discontinuance of the  reversion then the devisor have not any power to devise but Jones and I hold  upon the first motion that it be not any discontinuance of the reversion  because he join with the tenant in tail and it be quasi a confirmation of the  lease during the life of the tenant in tail and during the time that he have  issue but after his death without issue it be the lease of he in the reversion  and during the life of the lessee it be a discontinuance quoad the tenant in  tail and his issue but it be not so as to the reversion for that remain as it  be Richardson chief justice incline to this opinion but Berkley doubt  whereupon it be adjourn till the next term a
case baker versus bailey I maii a have a estate for three life settle it to  the use of himself in tail remainder to b the remainder be void or if good it  may be bar by deed surrender or other conveyance lease pour autre vie be not  within the statute de gift Ant can bare article a bar to a entail of a equity  keb the defendant that have a estate for three life settle it to the use of  himself in tail remainder to the plaintiff the defendant surrender the old  lease and take a new lease to himself the plaintiff bill be to have the  benefit of the remainder preserve to he Vernon chancery case cur take the  remainder to be void and dismiss the bill first a lease pour autre vie be not  within the statute de gift and therefore if a limitation over have be good it  may have be bar by a deed or surrender or other conveyance without a common  recovery as in the case between north and Champernoone north v way ante Vol SC  low v Burron p wms Norton v Frecker atk where bare article shall be a bar to a  entail of a equity and though there be a recovery in that case yet that be not  material in regard there be no tenant to the precipe and in this case if it  have be a entail within the statute de gift yet the plaintiff remainder not to  be regard by reason the defendant have a prior estate in tail and may at any  time bar the remainder the case of Dowdeswell and Dowdeswell cite adjudge per  Lord chief justice hale that a estate pour autre vie of land in burrow English  shall descend and go to the heir in burrow English so Baxter v Dowdeswell Le v  clement V Scudamour salk raym S c
case baker versus child eoden die the bill be also for a injunction against  proceed in the ecclesiastical court wherein a excommunication have issue  against the plaintiff for want of appearance upon which there be simple a  entry of dismissal with cost Reg lib a fol enter baker v Bayley Eq can ab pl S  c bill will not lie to quiet one in the possession of a pew in a church though  plaintiff before have a decree before the ordinary for this pew hob the  plaintiff have obtain a decree before the ordinary for a aisle in a church in  the year and bring his bill for the decree of this court to quiet he in  possession and it be insist upon by Mr finch that the bishop have the  disposition of the seat in the church and when he have dispose thereof that  give a right to the party and he may maintain a action and that be the case of  Boothby and baily and hope the court will not put they to bring their action  but will quiet the possession by decree Vernon chancery case per cur dismiss  the bill with cost for this court execute not their own decree by a bill  without examine the justice thereof but we can examine whether the bishop have  do right nor will such a decree bind the successor Vernon chancery case er p
case balch versus wilson Eq Abr c S c a feme covert have power give her by her  husband to make a will probate of such will per testes be sufficient proof  without other proof because as to that purpose the husband have make her a  feme sole and no prohibition will lie
case baldry against johnson Trinity term Elizabeth roll a gaoler be not liable  to the plaintiff for the escape of a prisoner commit to his care upon a arrest  make by the underbailiffs of a inferior court ante roll Bac Abr ld raym salk  Cowp term Rep action upon the case against the defendant gaoler of the prison  in bury for that a plaint be before the bailiff of the same will accord to the  custom there they direct a warrant to the tinderbailiffs to take the party ita  qudd haheant croak Elizabeth coqus he in person bailiff ad neighbor curian  ibidem tenant videlicet such a day the under bailiff arrest he and commit he  to prison sub custodid of the defendant after verdict for the plaintiff it be  move in arrest of judgement that this action lie not against the defendant for  the prisoner be not commit unto he by any lawful authority for the  underbailiffs have authority to take he ita Tudd but not to commit he to any  other prison for that it be on their own head and into whatsoever place they  shall commit he they sliall retain he but as the servant to the underbailiffs  and it be as the under bailiff house and a action lie against they if they  have he not at the day c and not against any other
case baldwin against coal a demand of good by and a refusal to restore they to  the right owner be not mere a evidence but a actual conversion of they SC holt  trover the case upon evidence be this a carpenter send his servant to work for  hire to the queen yard and have be there some time when he will go no more the  surveyor of the work will not let he have his tool pretend a usage to detain  tool to enforce workman to continue until the queen work be do a demand and  refusal be prove at one time and a tender and refusal after holt chief justice  the very denial of good to he that have a right to demand they be a actual  conversion and not only evidence of it as have be hold for what be a  conversion but a assume upon one self the property and right of dispose  another good and be that take upon himself to detain another man modern er p  good from he without cause take upon himself the right of dispose of they so  the take and carry away another man good be a conversion so if one come into  my close and take my horse and ride he there it be conversion and here if the  plaintiff have receive they upon the tender notwithstanding the action will  have lie upon the former conversion and the have of the good after will go  only in mitigation of the damage and he make no account of the pretend usage  but compare it to the doctrine among the army that if a man come into the  service and bring his own horse that the property thereof be immediate alter  and vest in the queen which he have already condemned and here one of the  particular in the declaration be ill lie the defendant be find not guilty as  to that and guilty as to the rest trinity term the three of queen whether in  the queen bench sir John holt Knt chief justice sir John Powell Knt sir  Littleton powys Knt sir Henry gold Knt justice Edward Northey Esq  attorneygeneral Simon Harcourt Esq solicitor general
case baldwin against flower a action lie for say of a man wife she be a whore  she be my whore and be bring by husband and wife may conclude ad damnum Self  Mod Mod Mod Mod stram stram ld ray ld ray comens husband and wife bring a  action on the case for word speak of the wife the declaration be that the  defendant have some discourse with another person call the wife whore and say  that she be his whore and conclude ad damnum Self c the plaintiff have a  verdict it be now move in arrest of judgement for that the word be not  actionable without allege special damage but it be answer that the action be  well bring to say he be rot with the pox be actionable without allege special  damage because the person by such mean will lose the communication and society  of his neighbour roll Abr more cro Elizabeth side Mod cro James cro car salk  term Rep you c as to the conclusion ad damnum Self it be good for if she  survive the husband the damage will go to her and so be all the precedent cro  James roll Rep Mod comb salk side palm Com dig pleader a Bac Abr d curian the  word be actionable and three justice be of opinion that the conclusion of the  declaration be as it ought to be which Wythens justice deny for if a innkeeper  wife be call a cheat and the house lose the trade the husband have a injury by  the word speak of his wife but the declaration must not conclude ad damnum  Self
case baldwin against wine Hilary term car roll a ejectment will lie on a lease  for tithe S C Jones Henry pl   light   b I roll Rep dyer latch ld raym Carth  black Com Com dig Com dig dougl ejectment on a lease of tithe in Roughton make  by Charles Baldwin as appertain to such a chapel the ejectment suppose in take  of so many load of tithe of wheat and barley be sever from the nine part upon  not guilty plead it be find for the plaintiff Grimston now move in arrest of  judgement that a ejectment lie not of tithe only but it may be of a rectory or  of such a chapel and of the tithe thereto appertain so as he may be eject of  or from a thing in possession whereof a to have facias possession may be but  not of tithe only the court will advice but it be afterward move again it be  adjudge for the plaintiff a a see Henry c Henry c Edward c croak car er p
case baldwin versus MACKOWN January a supplemental bill bring against a  defendant who be no party to the original bill to answer the matter charge in  the original bill the defendant demurrer and for cause of demurrer show that  he be no party to the original bill nor be any new matter pretend in the  supplemental bill to be arise since the fill of the original bill the demurrer  allow by Lord chancellor vide lewellin v Mackworth ante atk
case bale versus newton eoden die Eq can ab pl S c after a voluntary  settlement a man can devise the same estate though for payment of his debt a  settlement though voluntary be not revocable a jointpurchaser of land convey  his part to the use of himself for life remainder to a three part to his wife  for a jointure remainder of the whole to his infant heir in tail and two day  afterward make his will and devise the same estate with other thing to his  infant heir in tail but subject to the payment of his debt in case his  personal estate shall not be sufficient to pay his debt as also a legacy of  pound the personal estate prove deficient to pay both debt and legacy the end  of the bill be to have the debt pay out of the land chat so the legacy may be  pay but of the personal estate per cur the settlement though voluntary be not  revocable and therefore have settle the land the testator have thereby disable  himself to charge the premise by his will vide villers v Beaumont all ante and  case cite in note there a mortgage make after a voluntary settlement hold to  be good sander v Dehew post vol Vernon chancery case er p
case ball against bridge Hilary term Elizabeth in the exchequer Chamber Hilary  term Elizabeth roll the fact which constitute the gist of the action must he  direct aver ante I t Rep error of a judgement in a action upon the case for  these word of bridge it he be a maintainer of thief and keep that none but  thief in his house and I will prove it the truant assign be that the word be  not actionable for he do not say and aver that he know they to he thief who he  maintain and one man have thief in his house and maintain they and not know  they to he thief and then it be not any offence and so be the opinion of all  the justice and baron and the judgement be reverse
case ball against briggs escape debt upon a escape the defendant plead fresh  pursuit and retake of the party the same day the bill be file and adjudge no  plea the action be once attach in the plaintiff Jo modern report hilary term  the four of William and mary in the king and queen bench sir John holt Knt  chief justice sir William dolben Knt sir William Gregory Knt sir Giles Eyre  Knt justice sir George Treby Knt attorneygeneral sir John summer Knt solicitor  general
case ball against roan where slander refer to a event that event must he aver  to have happen ante post action for these word there be never a robbery commit  within forty mile of Wellingborough but thou have your part in it after  verdict it be move in arrest of iudament that the action do not lie because it  be not aver there be any robbery commit within forty mile c for otherwise it  be no slander el such opinion cur and judgement for the defendant mich  Elizabeth r plea
case ball against roan word of disgrace and reproach shall he take in their  worst sense ante I Com dig action for word there be never a purse cut within  twenty mile of Wellingborougli but thou have your part in it and aver that  such a purse be cut c ind he have no part in it and it be move that a action  lie not for it be not say he have a part of it as a partaker in the felony for  he may have a part in it in the loss and so it be no slander but it be adjudge  for the plaintiff for the word shall he take to he speak in the worst sense in  disgrace and reproach of the plaintiff notam sergeant Yelverton cite a case  pasch Elizabeth sir Edward Hastings bring a action for these word you have  procure a perjure man to seek my blood and rule that a action do not lie but  Fenner say the case be not adjudge but end by his arbitrament
case ballard against ODDEY the contract itself must be usurious to make it  void S C Mod S C sand it be rule in this case that to avoid a security by  reason of usury the contract itself must be usurious for if the party take  afterward more than be allow that will not make it so so that if the agreement  of the party be honest but make otherwise by the mistake of a scrivener yet it  be not usury b see atk hawk p c Floyer vedwards Cowp ld Irnham v child brown  Chan Rep Morse v Wilson term Rep and h Bl Rep b as if a mortgage be for one  hundred pound with a proviso to be void on payment of one hundred and six  pound at the end of one year and no covenant for the mortgagor to take the  profit till default be make in payment so that in strictness the mortgagee be  entitle both to the interest and the profit yet if this be not express the  agreement be not usury modern er p trinity term the thirty of Charles the  second in the common plea sir Francis north Knt chief justice sir Hugh Wyndham  Knt sir Robert Atkins Knt justice sir William Jones Knt attorneygeneral sir  Francis winnington Knt solicitor general
case ballet versus sprainger vern S c ante ante a devisee for life of mortgage  land must pay his proportion of the mortgage money a man make a mortgage and  then devise the land to a for life and the reversion descend to his heir the  tenant for life enter into possession and bring a bill against the mortgagee  to redeem and the heir likewise bring his bill to redeem tenant for life do  not prosecute this bill but continue to receive the profit and about a year  before his death purchase in the mortgage in the name of the defendant and  make the defendant executor and die the heir bring this bill to redeem and the  only question be whether the devisee for life shall go away with all the  profit receive and the heir be force to pay of all the encumbrance or whether  any part of the profit receive shall be apply to sink the mortgage money Lord  keeper devisee for life must pay one three of what be due at the death of the  devisor with interest for the same and the heir must pay the rest and the  master must take the account accord and so it will have be if the mortgagee  have receive the profit during the life of tenant for life and a precedent in  chancery case between Clyatt and Battson Trin vern Eq can Abr pl S c be cite  to that purpose precedent in chancery er p
case ballet versus spranger Nov Ant case vide the case and decree as to what  proportion the devisee for life ought to bear of mortgage and other  encumbrance on the estate onethird be the proportion agree but the cause stand  over to have a case state Reg lib a fol No further entry appear vide burn v  best ante Vol Cleat v Batteson ibidem and see the principal case more full  state pre Ch S c
case balston and a his wife executrix of m S against baxter part payment and a  agreement to take the residue at a future day can be plead as satisfaction in  bar to debt on bind ante post b   a   a Plowd ld raym term Rep debt upon a  obligation make to the testator to pay S d date April Elizabeth the condition  be to pay ten pound at the Feast of saint Thomas the apostle then next ensue  at the church porch of Newton the defendant plead that before the say feo  saint videlicet will Nov Elizabeth the testator do agree with he that if he  will provide for he six pound and pay it at his house in n the that day of  December next and will promise that he will pay the four pound residue at the  Feast of saint John baptist ensue that he will accept it in full satisfaction  of the say sum of ten pound and allege infaclo that he pay the say six pound  the say that day of Decemher and then promise that he will pay the residue at  the say Feast of saint John the baptist and the testator do then accept the  say promise in full satisfaction of the say ten pound et hoc c upon this it be  demurrer this term upon the first motion without any great deliheration the  court do adjudge for the plaintiff for this be a concord plead and be  executory and so can he no bar in debt upon a bind no more than in a trespass  and this promise to pay the residue be a thing in action and can he no bar of  a debt which be certain as in debt upon a obligation it be no plea that he  accept another obligation in recompense of it Henry but by gawdy if he have  plead payment of a lesser sum before the day and at another ulace in  satisfaction of a great sum of money and have rely upon it this peradventure  have been a good plea and they all resolve in the principal case that it be no  good plea to avoid a bind upon such naked matter
case ban against fryer if cost be tax in the spiritual court a pardon of the  offence will not discharge the cost post cro car   roll ab Inst Parker burr  Bac ab term Rep term Rep in the spiritual court libel for word well his like c  Com dig a libel be sue in the spiritual court for that he speak these word  well his like c the defendant be there condemned and cost tax to upon a  significavit a excommunicate to take in hand issue and before it be return or  he take a general pardon be publish afterward he be take by virtue of a  excommunicate to take in hand and be thereupon bring to the bar by a habeas  corpus it be pray that he may be discharge for the pardon discharge the matter  of contempt and then the imprisonment thereupon be discharge but it be resolve  that this taxation of cost be for the plaintiff benefit be not discharge by  the pardon and by consequence the excommunication thereupon be not discharge  for that depend upon the principal wherefore he be remand and in this case  they hold although the libel be that he speak those word well his like c which  be not good at the commonlaw yet the spiritual court use that manner the  course of the commonlaw shall not control it nor shall say that it be void a  say vide more hob cro car Sayers cost croak James er p
case banister against hopton spiritual court jurisdiction it be agree in a  motion for a prohibition in this case that though a prescription as whether a  whole parish or a select vestry shall choose churchwarden be a matter triable  at commonlaw by a jury yet sentence be to be give in the spiritual court  accord to their verdict and therefore though this be a matter triable at  commonlaw yet if the party submit to a trial in the spiritual court by not  demand a prohibition it will be too late after sentence to move for one
case bank against stacy thou art forswear be slanderous although the oath be  not allege ante I hawk p c ch S action for these word thou art a forswear jack  in the court of a thou do swear away twenty shilling from b and aver that the  court of a be a courtbaron and the plaintiff have judgement although it be not  show hetween what person or in what action he be swear croak Elizabeth er p
case bank against whetston Hilary term Elizabeth roll a action of detinue do  not lie for money at large more co li cro James dyer Bulst roll Rep Noy  detinue of money not in a bag or chest and it be thereupon demurrer whether  the action lie and without argument adjudge for the defendant that the action  lie not for croak Elizabeth detinue ought always to he of thing certain and  which may he know to he deliver and money be incertain and one piece can be  know from another and therefore in a appeal of robbery for money if the  defendant gauge battle it be no plea that he be take with the mainour for the  mainour can be of a thing not to he know
case barber against Dennis trover lie by a master for seaman ticket earn by  his apprentice S c salk the widow of a waterman who as be say by the usage of  watermans hall may take a apprentice have her apprentice take from her and put  on board a queen ship where be earn two ticket which come to the defendant  hand and for which the mistress bring trover and it be agree that the action  will well lie if the apprentice be a legal apprentice for his possession will  be that of his master and whatever he yearn shall go to his master but it be  object that the company of waterman be a voluntary society and that be free of  it do not make a man free of London so that the custom of London for person  under oneandtwenty to bind themselves apprentice do not extend to waterman  which be agree by all then it be say that the suppose apprentice here be no  legal apprentice if the indenture be not enrol pursuant to the Act of  parliament of Elizabeth c and if he be not a legal apprentice the plaintiff  have no title but holt chief justice say he will understand he a apprentice or  servant de facto and that will suffice against they be wrongdoers
case bare against bare Trinity term James roll a general indebitatus be  sufficient on a accuse computaveru without show for what cause the money be  due ante post roll ab ray keb hob vent lev   dig Bac ab in notorious facts  Cowp to Rep to Rep assumpsit whereas they accuse computaveru concern the  arrearage of such rend a issue out of the defendant land and about payment of  a legacy of fifty pound due to the plaintiff by his father devise and it be  find that three hundred pound be due to he that the defendant in consideration  thereof promise to pay it at such a day the defendant plead non assumpsit and  it be find against he it be move in arrest of judgement that it do not appear  here that the defendant be executor or be Chargeable with the payment of this  legacy nor that he have asset to pay it nor how he be Chargeable to the  payment of this rend therefore there be not any consideration for this promise  and so no cause of action say non allocatur for it shall be intend he be  Chargeable otherwise he will not have make any such promise and they account  together and he promise to pay be a sufficient cause of his action wherefore  it be adjudge for the plaintiff a cro Elizabeth a report cro Elizabeth where  it be say that judgement be enter for the plaintiff a see Geo c S croak James  er p
case Barfoot against Norton Trinity term car roll the honey and wax of be in  the hive be tithable ante f n b SC Jones roll   Ju Ecc more say vide roll pl  Com dig prohibition for sue for diverse kind of tithe et inter alian for honey  surmise it be not Payable because winged and it be thereupon demurrer Grimston  now move that by law tithe be to be pay for honey as appear in f n b t and  Linwood fol all the court be of that opinion and consultation be award unless  cause c
case barker against BEARDWELL the assignee of a London apprentice though turn  over pursuant to the custom can maintain covenant on the indenture covenant  bring by the plaintiff upon a indenture of apprenticeship make by the  defendant to I S in London which be enrol there and the defendant turn over to  the plaintiff before the chamberlain c there be a demurrer to the declaration  and judgement for the defendant because custom can make a assignee so as to  entitle he to a action the court where there be a custom of a place that  create a duty a action lie in the king court because there be a duty vest but  here be no duty vest and you must make yourselves privy to the contract for to  find a action a action for call a woman whore will not lie here though it will  in London judgement for the defendant
case barker against bourn Hilary term Elizabeth roll if judgement he obtain  against a heir by nothing to say execution of she sa orfi fa shall go against  his body or good like as for his own proper debt more Leon will Jones Ro ab  Poph Com dig ld raym error for that in debt against the heir on a obligation  make by his father the judgement be against he I by nothing to say execution  be award by a she pias a d to give satisfaction whereas the land only descend  unto he ought to have be put in execution and not his body nor his other land  a and error for this cause be bring tam in reddition judgment how in reddition  performance and now touse move that it be error for the difference be where  the heir plead a false plea there hisbody and all his land be liable to the  execution as for his own debt but if he he condemned by default or acknowledge  the action the execution shall only he of the land descend unto he and so be  Edward dyer gawdy hold it not to he error for the judgement and execution  shall he general unless the heir acknowledge the action and show that he have  so much by descent as it be in Trewinnions case Plowd dyer but when the heir  will not show that he have so much by descent and so lose the henand fit which  the law give into he it shall he intend that he have asset to satisfy Clench  agree with he Pophani and Fenner be absent wherefore rule be give that  judgement shall he affirm unless other cause be show by such a day and  Tanfield say to the court that in Elizabeth n the common plea in one yond be  case upon search of all the book and precedent it be resolve that in this case  execution shall he award against the heir as for his proper debt and gawdy say  that in this case the error be well assign in the judgement for if it he error  it be in the judgement
case barker against halifax Trinity term Elizabeth roll assumpsit she not he  maintain upon a promise make subsequent to the consideration ante post I roll  Abr more lev strange assumpsit whereas the defendant such a day and year in  consideration that the plaintiff by the defendant appointment and forbis debt  pauloante tun to loosen to r S that the defendant assume to repay it upon  request c the defendant plead non assumpsit and it be find against he and  after verdict upon a MP motion in arrest of judgement the judgement be state  because the payment of the l be a consideration pass be not sufficient to  maintain the action but Walmsley say that a assumpsit in consideration that  you have marry my daughter to give unto you l be good for the affection and  consideration always continue
case barker and ux vers palmer in a release plead no place be allege and hold  a material omission on a general demurrer bull n p Com dig Lutw Bac Abr hob  vide infra p in a to know facias upon a judgement in the common plea by the  wife while she be sole the defendant plead a release and a exception be take  that no place be comens er p allege where the release be make and it will be  material upon a general demurrer resolve cro Elizabeth admit cro car that the  omission of a place be substance and the case of kerby and Whitelow Lutw be  strong which be a action of trespass for take three measure of barley at  Wallingford the defendant plead that Wallingford be a ancient borough and  corporation and have a market and toll of one pint of grain for every comb of  grain sell there by any foreigner that John Ferrer a foreigner buy five  quarter of barley there to sell and sell they to the plaintiff and because it  be not say that be sell they there and no place be allege where the sale be  judgement be give for the plaintiff for the default in the plea so if a  defendant plead a submission to a award and do not allege the place where the  submission be make it be have resolve upon demurrer cro Elizabeth and without  difficulty judgement in this case be give for the plaintiff
case barker versus DUMARESQUE January Barnard Chanc Rep SC where the  representative of a intestate be seek to give preference by confess judgement  the court will give the plaintiff leave to proceed at law to recover judgement  with a to be remiss execution and in this court for a discovery and account of  asset the plaintiff bring his bill for a discovery of asset and relief against  the defendant as administrator the defendant to give preference to other  creditor confess judgement the plaintiff thereupon bring a action at law for  the same demand he sue for in equity the defendant obtain the usual order that  the plaintiff may make his election whether he will proceed at law the  plaintiff now move to discharge the order of election Lord chancellor the  plaintiff shall not proceed in this court and at law at the same time for the  same demand against executor or administrator in ordinary case but the  representative of the intestate seek to give a preference to other by confess  atkins judgement distinguish this case from the ordinary rule and therefore I  will give the plaintiff leave to make a special election videlicet to proceed  at law to recover judgement with a stay of execution and likewise to proceed  in this court for a discovery and a account of asset Reg lib a fol
case barker versus holder eoden die in court Lord keeper Eq can ab pi S c  lessee for a long term of year covenant to lie out pound upon the premise  within the first ten year he fail to do it and after thirty year be expire  lessor bring action of covenant and recover pound damage equity will not  relieve the plaintiff be a lessee at pound a year covenant to lie out and  expend on the premise pound within ten year he fail to do it and when year of  the lease be expire the defendant bring a action on the covenant and about  pound be prove to have be lie out recover S damage the bill be to be relieve  against this verdict in regard the damage be excessive or at least that the  pound may be decree to be lie out on the house for the plaintiff ought to have  the benefit of it during his lease Lord keeper I think that the jury deal very  hard with Mr Barker to give such great damage and to put he upon make a  precise proof that the whole pound be lie out when it ought rather to have be  presume it be the defendant have bring no action in twenty year time Vernon  chancery case after the money ought to have be lie out but the jury have think  fit to give such damage there be no ground for I to mitigate they nor to  decree the money to be lie out on the premise for if it have be lie out when  there be thirty or forty year to come in the lease the lessee will have take  care to have lie it out in last improvement which it may be now his lease be  near out he will not do and therefore dismiss the bill vide Barbone v burn  ante
case barley versus heming eoden die Lord chancellor Eq can ab pl S c if a  mortgagor agree the mortgagee shall enter and hold till he be satisfy length  of time be no objection to a redemption the bill be to redeem a mortgage and  the defendant demurrer by reason that of the plaintiff own show it appear the  mortgage be year old the demurrer upon argument be overrule because it be  charge in the bill that the mortgagor agree the mortgagee shall enter and hold  till he be satisfy which be in the nature of a Welsh mortgage and in such case  the length of time be no objection Reg lib b fol there be a entry of a plea  which be order to stand for a answer but no further mention appear vide plea  allow to such a bill aggas v Pickerell atk vide also Pearson v pulley Ch can  where Lord chancellor direct that where a bill come to redeem a old mortgage  defendant shall plead or demurrer that the judgement of the court may be have  upon it Talbot v Braddil ante and case cite in note there Newcomb v Bonham  ante and in smart v hunt at the Rolls th Feb not report where upon a bill to  redeem it appear the mortgagee and those claim under he have be in quiet  possession of the mortgage premise for the space of thirtyfive year and upward  and the decree be for redemption in the usual way and that in take the account  if the master shall find that the mortgagee or those claim under he have be in  possession of the premise as owner or owner thereof he be to set a rend  thereon and take the account accord Reg lib b fol note in the above case of  smart v hunt the defendant answer claim the benefit of length of possession as  if they have plead the same see as to the bar to redemption from length of  time in case of a Welsh mortgage Fenwick v reed mere
case barleys case Autrefibis convict of manslaughter in a appeal of murder be  a good plea to a indictment for the game offonce hawk p c and the case there  cite he be indict for the murder of Weatherhead on be arraign upon it he plead  that Ann the wife of Weatherhead bring a appeal against he for this murder and  he be arraign upon it and plead not guilty and try and find by the jury that  he be not guilty of murder but that he be guilty of manslaughter and thereupon  he pray his clergy and have it and demand judgmentss if he shall be again put  to answer this felony thereupon it be demurrer and now this term it be judge a  good plea and thereupon he be open in court this charge but no special reason  be give of the judgement Qmcere for the find he gild of manslaughter in the  appeal be more than need as it appear in wrath v Wiggs a and then the  allowance of clergy be to no purpose c
case BARMUNDS case likelihood of divorce can be lie as special damage roll ab  roll Rep pop godb cro car Com dig action upon the case for say that he have  two bastard and shall have keep they by reason of which word discord arise  betwixt he and his wife and they be likely to have be divorce after verdict it  be move in arrest of judgement that these word be not actionable because he do  not show any temporal loss as loss of marriage or the like but this  imagination to be divorce be not to any purpose for it be but a causeless  fear All the court be of that opinion and therefore it be adjudge for the  defendant
case barn against Constantine the caption of a indictment for barratry before  justice of the peace be good without add nec non to visit felonias to hear c  Yelv Plowd post Com dig Com dig salk hawk action upon the case for that he  procure he to be indict as a common barrator before I S and I d justice of the  peace nec non ad to visit felonias c to hear et to set bounds assignat and  that he be acquit the defendant demand oyer of the record which be enter in  haec word wherein they be mention as justice of the peace only the defendant  demurrer because it appear that it be not the same record whereof he now count  William be of that opinion but all the other justice e contra because the  justice of peace have authority to inquire and hear it without any special  commission of oyer and terminer and their commission be equal to that purpose  and therefore all one and no failure of record a
case barn against greenwel Trinity term Elizabeth roll a award must he final  but if it decide all matter until the day before that on which the submission  be date it shall not he intend that any new controversy arise in the mean time  ante post roll ab mark Arb hob cro car cro James more   a Mod debt upon a  obligation condition to stand to the award of certain person of all suit  quarrel and controversy stir and de end until the day of the date of the bind  which be that Septemher Eliz so as the award he make of the premise before  such a day the defendant plead qubd no one fecit arbitration pound the  plaintiff show that the make a award of all matter until the three day of  Septemher and hereupon issue be join that no such award c and find for the  plaintiff and it be now move in arrest of judgement that this arbitrament be  void because that go have not pursue their authority which be to make a end of  all matter until the four day of Septemher and they make their award only of  matter until the three day of Septemher and there be not any averment take  that these be all the matter depend at the time of the obligation make but the  court hold it to he well enough for now depend can he unless they have be in  suit before the four day for it can be say to he begin and depend all upon the  same day and it shall not he intend that there be any other matter depend  unless they have be show but if arbitrator award for one thing and say that  they will not meddle with the rest all be void because they have not pursue  their authority wherefore it be adjudge for the plaintiff
case barn against jeer if a declaration be not deliver by the last day of the  second term the defendant may sign a non pro and be not oblige to receive a  declaration barn a attorney of the court bring debt against the defendant but  do not deliver a declaration against the defendant until after the second term  but some time after and before the defendant have sign a non pro be deliver he  a declaration which the defendant refuse to receive and then sign his non pro  and the plaintiff sign judgement for want of a plea which be now set aside as  irregular for the course of the court be that if a declaration be not deliver  by the last day of the second term that be on or before a but a gentleman  chariot stand at a liverystable may be distrain for rend due by the  liverystablekeeper Francis v Wyatt burr so also a tapeloom may be distrain  Gorton v falkener term Rep provide the owner or his servant be not actual use  it at the time Simpson v Harcourt term Rep so also wearingapparel may be  distrain for rend peak case modern report er p it sit the court the last day  the defendant may sign a non pro and if in such case he do not immediate sign  a non pro though he may afterward receive a declaration if he will yet he be  not compellable so to do but he may well refuse it by all express clause in  the statute of Henry there shall be no cost against a attorney upon nonsuit
case barn against may in assumpsit if the day and place of the request he  allege in one of the count it be enough assumpsit that whereas he sell to the  defendant a pack of wool for twenty pound to he pay at a day certain and bid  on l require videlicet at such a day and place c he have not pay it and that  he sell to the defendant another pack of woo l for ten pound to he pay when  require et bid on t similiter requisilus c without allege day and place yet  adjudge good for it shall refer to the first day and it is pleasing e request
case barnabee against Goodale information on penal statute must he bring in  the court at Westminster ante I salk Inst vent Inst burr hob cro James and  hawk erroi of a judgm ent in bury on he information upon the Elizabeth c S  forup a exercise a trade wherein he be not apprentice for seven year the error  assign be because a information upon a penal statute ought to be bring within  one of the principal court at Westminster and not elsewhere a unless it he  otherwise express provide by some statute and so it be adjudge here betwixt  Gregory and Blashford b and of that opinion be gawdy and Fenner cceteris  justitiariis send away wherefore for this cause it be reverse vide dyer c
case barnaby against rigalt Michaelmas term car roll the acceptance of a bill  of exchange amount by the custom of merchant to a promise to pay it and the  court will intend the party to be within the custom roll ab cro James Carth  comb   light salk Mod Mod Mod ld ray Cowp error of a judgement in the common  plea in a action of the case upon a assumpsit and declare upon the custom of  merchant whereby if one for ware deliver to he or his factor make a bill of  exchange direct to a merchant and the merchant croak car to who it be direct  accept thereof and after refuse to pay and this be protest before a public  notary a that then be who deliver the bill be bind to pay it and allege in  fact that the say rigalt deliver in France such wine of the value of l to John  style factor of the say Barnaby and he thereupon deliver a bill of exchange  for the say money to I n who accept thereof and have not pay it whereupon he  bring his action the defendant plead non assumpsit and find against he and  judgement for the plaintiff and error be assign because the action be ground  upon the custom of merchant and do not show that the plaintiff be a merchant  at the time of the delivery of the bill of exchange but because he be name to  be a merchant in the declaration and the bill be for merchandise sell the  court will not intend but that he be a merchant at that time c wherefore the  judgement be affirm
case barnard against GOODSCALL covenant will lie against a lessee on a express  covenant notwithstanding he have assign the term and the lessor have accept  rend from the assignee post roll ab cro car side andr sand Com dig Mod stram  ld ray burr dougl bull n p to Rep to Rep covenant on a indenture of demise of  a house to the defendant the breach assign be for not repair the house within  a month after warning give the first of January James there be a express  covenant on the part of the lessee for himself his executor and assign that he  will repair within a month after warning the defendant plead that long time  before that warning videlicet James he assign over his term to I S who have  pay his rend always afterward to the plaintiff and the plaintiff accept  thereof and aver performance of all the covenant until the assignment the  plaintiff thereupon demurrer for this assignment do not take from the lessor  his advantage of the express covenant and notwithstanding his acceptance of  the rend by the hand of the assignee yet he may charge the lessee or assignee  at his election all the court be of that opinion wherefore without argument it  be adjudge for the plaintiff And William say he know it to be so adjudge when  he be a sergeant upon a demurrer in the common plea and in this term there be  another case varnis v Goodcheape where a like writ of covenant be bring  against a lessee for year on a express covenant for reparation and such a plea  plead and a demurrer thereupon and adjudge accord for the plaintiff croak  James er p
case BARNSLY against Shrimpton after a plea in nullo be erratum it be never  admit to amend general error a writ of error be bring and the general error  assign and likewise the want of a original and a warrant of attorney after in  nullo be erratum plead a rule of court be obtain to amend the error assign but  it be discharge upon a motion for that purpose for after such a plea it be  never admit modern report to amend general error it be like not guilty plead  by the defendant who be never admit after such a plea to justify or to plead  special
case baron against ball in the exchequer Chamber a declaration for word impute  the murder of another servant must show a homicide commit on one of his  servant cro Elizabeth ante post action for these word thou art a murderer for  thou art the fellow that do kill Mr Sydnams man and he do not show that any of  his servant be slay croak James er p nec innuendo any that be slay upon not  guilty plead it be find for the plaintiff and adjudge for the plaintiff in the  king bench and error thereof bring in the exchequer Chamber and for that cause  reverse
case barret against fletcher in debt on bind for performance of a award if the  defendant plead no award and the replication show a award without assign a  breach judgement be erroneous ante post SC Yelv   b hob cro Elizabeth Lutw  shower debt upon a obligation of five hundred pound condition to stand to the  award of I S and t d so that c the defendant plead that the arbitrator do not  make any award the plaintiff reply and show the award but assign no breach the  defendant rejoin that the award plead be not the croak throw arbitrator award  whereupon issue be join a verdict be give for the plaintiff it be move in  arrest of judgement because the plaintiff in his replication not have assign  any breach of the ware there be not cause of action for the obligation be not  for debt but be guide by the condition which be for the forbearance of a  collateral thing and the court ought to be satisfy that the plaintiff have  good cause of action otherwise they can give judgement for although a verdict  be give for the plaintiff yet this defect in the replication be matter of  substance and be not help by the statute the court be of that opinion  judgement be stay
case barret against HEVESETT easter term Elizabeth roll trespass of assault  battery and WOUDding plea not guilty as to the v Elizabeth arms and a  justification calmly manus to place upon as to the residue adjudge have upon  demurrer ante Lut lev vent Skinn trespass for assault battery and wound at  Downham in the county of Suffolk Septemher Elizabeth the defendant plead quod  way et arms not guilty and quo ad residuum transgression action non c for he  say that Philip earl of Arundel be seize of sixty acre of pasture call  Shepherdshole in Thetford in the say county of Suffolk and let they to Ro  Whitney Elizabeth for twentyone year and that the plaintiff tempore quo  enclosed space proedict to break in pieces et abounding in rabbits ipsiusu bob  ibidem invention cum net et other nature hegoat to cause to revolve for which  the defendant as servant to the say croak Elizabeth r and by his commandment  tempore quo el calmly manusimpoguit upon the plaintiff at t in the say sixty  acre to hinder he from take and carry away the say cony quce be eaden insultus  et transgression unde c without hoe that he be guilty de transgression  Elizabeth nsultu c alibi well elsewhere modus in dict come Suff prout c et hoc  upon this it be demurrer in law and adjudge for the plaintiff notam this case  be take out of the record deliver to the reporter by Brownlow prothonotary  croak Elizabeth er p
case barret against the hundred OF stoke in a action of hue and cry against  the hundred poor inhabitant though they pay no tax can be witness S C keb sand  Mod Mod Mod Peer wms vern Prec in Ch Abr Eq stram stram ld ray a action be  bring against the hundred of Stoak upon the statute of hue and cry and at the  trial some housekeeper appear as witness that live within the hundred who be  examine say they be poor and pay no tax nor parish duty the question be  whether they be good witness or not Twisden justice AlmsPeople modern and  servant be good witness but these be neither then be go down from the bench to  the judge of the common plea to know their opinion and at his return say that  judge wile be confident that they ought not to be swear and that judge Terrell  doubt at first but afterward be of the same opinion their reason be because  when the money recover against the hundred shall come to be levy they may be  worth something a by Geo c S which recite that by the law no person inhabit  within the hundred can be admit as a witness by reason of the interest they  may have it be enact that in any action against a hundred on the statute of  hue and cry any person inhabit within the say hundred or any franchise thereof  shall be admit as a witness for or on behalf of the say hundred in the same  manner as if he or she be not a inhabitant thereof but reside in any other  hundred  But by Geo c No person shall recover in any such action more than l  unless at the time of the robbery there be two person present to attest the  truth thereof a easter term the twentythird of Charles the second in the king  bench Wednesday may sir Matthew hale Knt chief justice sir Thomas Twisden Knt  sir William Moreton Knt sir Richard Rainsford Knt justice sir Heneage finch  Knt attorneygeneral sir Edward turner Knt solicitor general
case barret against Winchcomb a action who tam lie against a sheriff for a  escape on a cap outlaw and if by a administratrix it need not be show who  grant the letter or that it be in retardationem will ante post SC roll Rep   a  hob cro Elizabeth Com dig hawk p c peer wms strange term Rep a administratrix  shall not pay cost though she be nonsuit Joan Barret administratrix of John  Barret bring action upon the case tam pro ring how pro he himself against  Bennet Winchcomb sheriff of Oxford for that she sue a writ of debt out of the  chancery against one juxon and thereupon have a croak throw capias and exigent  and he be outlaw and she sue a capias utlagatum direct to the defendant who by  virtue thereof arrest the say juxon and afterward suffer he to go at large  whereupon she bring this action after verdict for the plaintiff it be move in  arrest of judgement first that a action upon the case lie not for the king and  party for the damage be only to the party say non allocatur for in regard the  capias utlagatum be for the king and the king be to have benefit thereby  although the party be also to have benefit yet the action lie for the wrong do  to the king and party in the name of the king and party second the court hold  that this action lie without show who commit the administration or that he  have authority to commit administration three that it be well enough although  it be not say it be in retardationem will wherefore it be adjudge for the  plaintiff and in another case betwixt the same party where the plaintiff be  nonsuit in another action bring before upon the same matter it be rule that  the defendant shall not have cost because she bring the action as  administratrix and although it be not show that the debt be due to the  testator yet when she bring it in the to hold off it shall be intend she bring  it in his right and then she shall not pay cost upon nonsuit for that be out  of the statute Elizabeth c
case barret and other creditor of John Powell versus Ann Powell widow and  other February a assignment by the clerk of the peace to creditor under the  statute for relief of insolvent debtor need not be seal a bill be bring by  creditor against a heir of a insolvent person and likewise against his widow  to have the benefit of the assignment of the insolvent estate from the clerk  of the peace at the session under the statute for the relief of insolvent  debtor it be object by the counsel for the defendant that the assignment in  this case by the clerk of the peace to the major part of the creditor be  informal because it be only sign by the clerk of the peace and not seal and  that as the act of parliament direct a assignment and do not dispense with  seal that it ought to be execute like all other assignment to convey real  estate master of the roll I be of opinion that the alignment without seal be  sufficient as it have be the constant method take by all clerk of the peace  since the act of parliament for relief of insolvent debtor take place
case barry against stanton a devise be a breach of a condition not to alien  ante post Goulds Popb d er   dougl term Rep the case upon special verdict be a  lease be make for year upon condition he shall not devise the land or assign  over his term and by his will he devise it gawdy Fenner and Clench hold clear  that the condition be break for by this devise the term be dispose by his gift  which be a alienation and be as strong as any other alienation but Popham  deliver no opinion
case BARSDALE against smith a endowment that the vicar shall have minute  Decimus et totan Decimus garbarum shall he construe to extend to hay Allen  style Ro ab   light trespass by a vicar for take two load of hay and carry  they away the defendant plead that the place where c be within the parish of  Maidstone whereof he be parson he parsonJe and it be set out for tithe and  that he use to have Decimus garbarum et fteni the plaintiff reply and show a  composition in the time of king Henry the three and that the vicarage be then  endow which be that the vicar shall have minute Decimus el totan Decimus  garbarum in Watworth which be a hamlet within the say parish and the place  where c and be parcel of that hamlet and that at all time whereof c he and his  predecessor vicar there have use to have the tithe of bay there wherefore c  and it be hereupon demurrer Tanfield by this prescription he can have bay for  gmba be always corn and therefore this prescription can stand with the  composition coke contra for as the usage have be so it shall he expound for it  be adjudge in the exchequer where a patent be make by king John to one and his  successor and because Bracton say that ancient successor be take for hCeres  and that always since it have use to descend jure hcereditario it be adjudge  that the heir shall have it by that charter all the court here resolve accord  in regard it be a ancient charter and constant have be use to extend to bay  the wand d garba may well extend thereto although at this day it be common use  in another sense wherefore it be adjudge for the plaintiff
case Barstow versus palm all Eq Abr c S c it be hold by my Lord keeper that  where on a bill bring by a against b c and d and other the defendant have  examine some witness that b be now plaintiff may read those deposition against  the plaintiff or any of the defendant in the first cause
case Bartholemew versus Meredith alias morehead refer to henty v wrey Ch d  novembris Lord keeper Eq can ab pl S c land devise to be sell for payment of  portion one of the child die after the portion become due and before the land  sell the administrator be entitle to the money I S by will devise land to be  sell for payment of portion to his young child one of the child die after the  portion become Payable but before the land sell per cur the administrator of  the child that be dead be entitle to the money the devise be to trustee and  their heir upon trust to sell and to divide the money arise by the sale among  his four daughter if then live and if any of they shall be dead and shall  leave any child or child that the respective share of such daughter or  daughter so die shall be equal divide among the child of her or they so die  two of the daughter die leave issue and of the issue of one of the daughter so  die two child die before the sale take place this be a bill by the purchaser  of the land and the sale be decree and the representative of the two child who  die before the sale declare entitle to their respective proportion of the  purchasemoney Reg lib a fol
case bartholomew against Dighton Hilary term Eliz roll a infant must sue by  his guardian and not by attorney post I Ro ab   b cro James Com dig sand error  upon a judgement in the common plea because the plaintiff be a infant sue by  attorney and recover whereas he ought to have sue by his guardian but the  court upon the motion hold that in regard the plaintiff have recover and it be  for his benefit and no prejudice by his appearance by attorney that it shall  not he assign for error but they will advice and afterward pasch Elizabeth be  move it be hold clear to he error and the judgement be reverse for that cause
case barton against bartlet non pro S c holt four person be arrest upon one  writ and put in bail several one of they non prossed the plaintiff for want of  a declaration holt chief justice till they be sever by declaration the writ  shall be intend joint and the non pro before declaration must be upon the writ  which be joint and therefore one non pro will do for all notwithstanding the  several bail
case barton all stone versus barton Jan one devise after debt and legacy pay  the surplus of his estate to his wife and son John equal who he make his  executor but if she shall marry that then she shall tender the tie of be  executrix to the testator son Roger he to be partner with his brother John in  the executorship the wife marry again she thereby lose her right to the  surplus and to the executorship Barton by will devise the surplus of his  estate his debt and legacy be pay to the plaintiff his wife and John his old  son equal to be divide Vernon chancery case betwixt Vernon chancery case er p  they and then add who I make my executor and further will that she shall  continue his true widow but if she marry again my will be she shall render the  right of be my executrix to my son Roger to be partner with his brother John  in the executorship the plaintiff the widow of the testator marry one colonel  stone but surmise by the bill she be never actual marry to he but upon a libel  in the spiritual court it be sentence she be marry and that confirm upon a  appeal and stone be also dead the question be take that she have be marry to  stone whether by that marriage she have forfeit her share of the surplus the  case of Wilkinson vern and of cutler and Coxeter ant can vern cite where upon  like devise it be decree the wife shall take as executor and not as legatee  the master of the roll be of opinion that she have as well lose her share of  the surplus as her right to the executorship and dismiss the bill where widow  and another appoint executor but if the widow marry again her executorship to  cease the executor file a bill and several proceed and after a order by  consent to refer the subject of the suit for final determination widow marry  and hold by Bridgman Ch just that a bill of revivor be necessary Hampden v  brewer Ch can note it do not appear by the original bill that the executorship  to the widow be conditional
case base against bellamount grant of legislative power not transferable S c  holt holt chief justice if the king grant a tract of land in the plantation  abroad to a man with a legislative power which the grantee passes over to  another the legislative power shall not pass as a privilege annex to the land  but that remain with the person of the grantor
case bastard against bastard a common carrier be liable for the loss of good  deliver to he to carry although no particular sum be agree on as the price of  carriage case against the defendant as a common carrier for a box deliver to  he to be carry to b and lose by negligence William move in arrest of judgement  because there be no particular sum mention to be pay or promise for hire but  only pro mercede rational h see salk ld ray Mod stram Tidds practice ff in  possession bring a action a see Grimstead v Marlowe that when a plaintiff in  possession bring a action on the case against a wrong doer it be sufficient to  declare general without disclose any title term Rep shower KB er p resolve  well enough and judgement give for the plaintiff for perhaps there be no  particular agreement and then the carrier may have a quantum to deserve for  his shower KB hire a and he be therefore as Chargeable for the loss of the  good in the one case as the other b
case Bateman against spring Hilary term Elizabeth roll in transitory action if  the defendant traverse the place the plaintiff may take a traverse upon the  traverse Ant   light b I strange ld raym assumpsit in London the defendant  plead a concord in Suffolk of all matter trespass c but in London without hoe  that he assume in London the plaintiff maintain his declaration and traverse  the concord and it be thereupon demurred And after argument it be adjudge to  be a good traverse for otherwise by a false plea a man shall make all action  transitory to he local which be against law oand of that opinion be the whole  court wherefore it be adjudge for the plaintiff trinity term Elizabeth in the  common plea sir Edmund Anderson Knt chief justice sir Francis Heaumond Knt  Thomas Walmsley Esq Thomas Owen Esq justice sir Edward coke Knt  attorneygeneral sir Thomas Fleming Knt solicitor general
case Bateman against woodcock a justification in assault and battery by virtue  of a sheriff warrant need not show the warrant SC roll Rep   cro car dyer    light lev style salk Bac Abr if a defendant justify trespass as sheriff he  must traverse all place except his own county trespass of assault battery and  wound in London the defendant justify a in the county of Norfolk by virtue of  a warrant from the sheriff of Norfolk upon a writ of latitat who be eaden  transgression c without hoc that he be guilty in London well alibi extra  county norf upon this it be demurrer because he do not show the warrant hic in  curian lengthen say non allocatur for the warrant be execute be return to the  sheriff and therefore not requisite to show it but otherwise it be where he  justify for a rentcharge or such thing which have continuance second because  he justify and also traverse which he ought not to have do but the court hold  it to be well enough for the justification be in another county the count  wherein the action be bring ought to be traverse and the plaintiff man  maintain the action and issue if he will or he may traverse the defendant plea  at his election
case Bateman v Bateman and other November the saint a proviso in the will of r  b that if his personal estate and house and land at W shall not pay his debt  then his executor to raise the same out of his copyhold premise to rend not be  sufficient to discharge the testator debt these word will give the trustee a  power to sell the copyhold land to satisfy ms intention of pay his debt Robert  Bateman by his will take notice that he be seize of a copyhold and that he  have surrender the same to the use of his will direct that the say copyhold  shall remain one three to his wife for life and the other two three to his son  pay to his two daughter pound apiece at but by a latter clause in the will say  provide that if my personal estate and my house and land at W shall not pay my  debt then my executor to raise the same out of my say copyhold premise Lord  chancellor the question is Whether latter devise will entitle the executor to  sell the copyhold estate and I be of opinion it will for as the rend be not  near enough to discharge testator debt these word will give the trustee a  power to sell to satisfy the testator intention of pay his debt therefore let  a account be take of the rend and profit of the copyhold estate devise by the  will of Robert Bateman for payment of his debt and if there be not sufficient  to pay his debt I do decree that the copyhold estate be sell and the money  arise by such sale be apply towards satisfaction of what shall be find due Reg  lib a fol the testator upon his marriage have settle some freehold land upon  his wife and child and covenant that they be free from encumbrance it happen  however that these land be subject to a prior mortgage decree that the  plaintiff be entitle to have the settle estate exonerate of the mortgage out  of the personal estate and copyhold estate devise for payment of debt vide  Galton v Hancock post vol and note
case Bateman versus Bateman Eq Abr pl S c vide atk whether equity can give  relief on the statute against fraudulent devise be introductive of a new law a  man bind himself and his heir and die leave a real estate to descend to his  heir subject to a mortgage for year the heir alien the real estate before a  bill bring and if the obligee be relievable here against the heir and  purchaser on the statute for prevent fraudulent devise or if he be to be send  to law to get judgement first be the question my Lord keeper think that  statute be introductive of a new law the relief on it must be at law and hold  likewise that a bind creditor can not redeem a mortgage for year without first  have judgement at law against the heir though it may have be otherwise in case  of a mortgage in fee note chancy all whale jour do relief sur dit stat en tiel  case
case Bateman versus Bateman Lord keeper may Eq can ab pl pl S c a purchase  land in his old son name and put he into possession and the son fail sick take  a declaration of trust from he and after the son recovery he be permit to  continue in possession the son marry and die and the father get a conveyance  from his young son the old son wife shall have dower in these land Joas  Bateman the father in purchase a estate at Erith in ken in the name of William  Bateman his old son and he be put into possession and about a year afterward  fall sick his father Joas get he to execute a deed declare his name be use  only in trust for his father but he recover of his sickness continue the  possession as former and in marry the defendant the widow of Vanackre she have  a jointure of pound per and and a inheritance of pound per and more upon the  marriage a agreement be make that in case she survive William Bateman he will  leave her pound and give a bind to perform covenant as to dower nothing be  mention one way or other William Bateman die without issue sir James Bateman  his brother and heir convey to Joas Bateman the father the defendant the widow  of William bring her writ of her dower Joas Bateman the father bring his bill  to be relieve against it and obtain a decree at the roll now upon a appeal to  the Lord keeper he dismiss the plaintiff bill declare it to be a secret and  fraudulent deed of trust to deceive creditor and purchaser that June the bill  be dismiss with cost and the defendant be declare to be at liberty to  prosecute her writ of dower and also to proceed at law for the recovery of the  pound as she shall be advice and in any action to be bring for the pound the  plaintiff Joas Bateman be to produce the deed of purchase of the land at Erith  and be not to give in evidence the deed of trust Reg lib a fol note the report  of the above case in Eq can ab pl pl pre Ch be on another point
case BATESBY against BROOKSBECK in a assumpsit against a surety the  declaration must aver that the principal have not perform the condition ante  cro Elizabeth lev burr assumpsit and declare whereas he bargain with Simon  Batesby to sell and deliver to he one hundred and fifty stone of wool for one  hundred and fourteen pound to be pay at a certain day to come that the  defendant in consideration the plaintiff will deliver the say wool to the say  Simon Batesby become fidejussor for the say Simon Batesby assumendo et adtunc  et ibidem promittend to the plaintiff to pay the say money to the say  plaintiff and allege in fact that he trust to the defendant promise deliver  the say wool to Simon Batesby and the one hundred and fourteen pound not be  pay he thereupon bring this action upon non assumpsit plead and find for the  plaintiff it be move in arrest of judgement that the declaration be not good  for he ground his declaration upon the assumpsit and there be not any  assumpsit in the case but that he become fidejussor and then it ought to have  be show that the principal have not pay it be demand and so to have allege a  default in he and afterward a demand of the surety and this not be allege  there be no default allege and therefore the action lie not against he and of  that opinion be all the court absent Montague wherefore it be adjudge for the  defendant vide Edward pl Edward pl dyer
case BATHELLS case Hilary term car roll judgement in Wales need not say great  sitting and a venire in the name of a b late sheriff be good ante post Carth  stram dougl error of a judgement in the grand session before the justice in  the county of flint diverse error be assign and overrule in Michaelmas term  last and now two error only be insist upon first that the judgement be in  person justitiariis in county flint and he do not say great sitting in county  flint say non allocatur for there be many of their record as well the one way  as the other and good both way second because the venire facias be return per  thomam Hamond soldier recently viscount of the say county so it be not return  by the sheriff but by one who be late sheriff and it appear not that he be  sheriff at the time of the panel make for he ought to have subscribe his name  Thomas Hamond sheriff which error be not aid by any statute say non allocatur  for although the writ be return by I S the sheriff at the time of the grand  session when the say action be try as a writ deliver to he by the say Thomas  Hamond his predecessor in exit ab duty his with this return endorse yet it may  be very well intend that the panel be make and annex in the time when he be  sheriff and this addition Thomas Hamond recently sheriff be sufficient proof  when he be discharge of his office whereupon the judgement be affirm see James  c and Geo c a vide Henry c and Bac Abr croak car er p
case Batson against Goodwin plea that the endorsee be a bankrupt at the time  of the endorsement but must plead that a commission be take out action on the  case by a endorsee against the first drawer of a bill of exchange the  defendant plead that the endorse at the time of endorsement be a bankrupt  demurrer per curium this be a good plea in bar for a bankrupt be disable to  assign a bill but then he ought to have plead a commission take out wherefore  judgement be give for the plaintiff
case batt against Bradley Trinity term James roll to a justification in  trespass for a take damage pheasant in such a place the plaintiff may new  assign that the take be in another place hob skin will Freem Mod salk ld ray  term Rep trespass quare averia svan to take in hand at Kimbolton and chase  they c the defendant justify in such a close for damage pheasant the plaintiff  show that the place where be another close whereupon the defendant demurrer  pretend that the plaintiff never make any new assignment but where the writ be  quare enclosed space to break in pieces the court hold the contrary wherefore  it be adjudge for the plaintiff
case batten versus Earnley at the roll Eq can ab pl one by will give a annuity  out of be personal estate if the executor have misbehave himself the court  will order part of the personal estate to be set aside to secure this annuity  one give several legacy by will and inter alian a annuity of pound per annum  to I S for his life all which be devise out of the testator personal estate  and I n be make executor of this will it happen that I n the executor have say  some rash word as that he will cc go to gaol and leave the legatee unpay and  though the annuity be by the will make Payable quarterly yet it be three year  in arrear peer William er p insist saint for the annuitant that these arrear  shall carry interest say cur content this be only do where there be great  arrear but it be not usual to compute interest for so small a sum see Litton v  Litton ante Vol dly it be pray that the executor shall give security for the  payment of the annuity to which it be answer that the testator not order any  security but whole trust to the executor the legatee of the annuity must do so  too see Slanning v style post vol peer William say per cur since the executor  have by his answer submit it to the court whether he shall give any security  and appear to have express himself in word threaten to defeat the annuity let  the master see a sufficient part of the personal estate set apart and assign  to a trustee in trust to secure the annuity
case Battersby against marsh abatement to a addition of gentleman the  plaintiff in his bill declare and call himself a gentleman the defendant plead  in abatement that he be no gentleman to which plaintiff demurrer per curian  the plea be good be confess by the demurrer but it be after general imparlance  they put he to answer over
case baugh versus holloway see will Act wm Vict c S Lord chancellor Parker Eq  can ab pl one of the three witness to the will be a devisee of part of the  land whether not a good witness if he alien the land without covenant or  warranty one make his will and in it all devise land to a and his heir in  trust to pay the testator heir at law pound and there be three witness to the  will one of which be a himself the devisee of these land the heir bring his  bill to impeach the will for want of three credible witness in regard a the  devisee of the land be not a credible witness but a party interest whereupon  sir Robert Raymond observe that it have be determine in the case of hildyard v  Jennings Carth by Lord peer William chief justice holt that the will as to  this devise only be void and then a will be a good witness as to the rest of  the will vide Swinb nay that even with respect to the land devise to a if a  have alien such land without any covenant or warranty or have not by take the  rend and profit be liable to account he will accord to the abovementioned  resolution have be a good witness to the whole will just as if a have be a  legatee of money and bad release the legacy there can in such case as every  day experience show have be no objection to his evidence the court say nothing  as to this point but that the heir ought to have contest the will at law and  if it have be adjudge against he there videlicet that the will be good then he  may have come here for the pound wherefore retain the bill for a year from  Michaelmas term next that the plaintiff may have two assize to try this will  but let the plaintiff pay the defendant his cost vide stat g c et vide Wyndham  v chetwynd I burr in which this case of Baugh v Holloway be state by Lord  Mansfield from the register book and the credibility of witness attest a will  be consider at large Hindson v kersey burn ecclesiastical law lees v  Summersgill Ves Hatfield v Thorp a and see goss v Tracy ante
case bawd case Hilary term James roll vicarage house be within the statute of  forcible entry and detainer side lev keb hawk p c the omission of estimable et  of man will not vitiate post cro Elizabeth hawk p c a indictment allege the  fact in m juxta t in county d be sufficient certain hawk p c term Rep a  indictment hold good without say ad tunc et ibidem post Yelv Lut hawk p c bawd  be indict upon the statute Henry c in this manner ad sitting peace c per  sacrament dvodecim a swearer to stand out prcesentatum quod William bawd  recently de Moston juxta Tutbury in comitat Derby clergyman primo Julii c way  et arms in One messuagium to step out the vicarage house in Moston predict ad  tunc to step out book property Henry Trickett vicar there to go into et Self  Henry way et arms ac manu strong to drive out et disseizivit c the first  exception be because it be say per sacrament dvodecim c and he do not say  estimable et of hominum  Sed non allocatur for they shall be so intend unless  the contrary be show vide Henry pl and easter term Elizabeth Hamonds case  second for that it do not appear in what county Marston be for the word in  comitat Derby refer to Tutbury  But it be hold by Popham that they shall be  intend one entire name gawdy e contra therein but they all hold that although  they be several name yet in the county of Derby shall be refer to they both  three because it be not show when the expulsion be for they want the usual  word ad tunc et ibidem so it be not certain as in Edward dyer a indictment  that such a day and year insultum fecit et cum in sword feloniousment percussi  c because it be not say ad tunc et ibidem it be rule to be ill so here but  gawdy say that the reason there be because the offence be of several nature  videlicet the assault be a trespass alone but in a indictment of trespass as  here it be otherwise so in a declaration whereupon rule be give that it be  good and restitution be award
case baxter against shade word which impeach the integrity of a officer be  actionable post Hx vk p c ch action for word thou art a forswear jack in the  court baron of d thou have swear I out of twenty shilling rend and have I on  your side adjudge that the action lie and the plaintiff recover a see the  Henry c S croak Elizabeth er p
case baxter versus man June in court Lord keeper mortgagee lend more money to  the mortgagor on bind the mortgagor shall not redeem without pay the bind debt  as well as the mortgage post case the plaintiff make a mortgage of his estate  to the defendant and afterward the mortgagee advance and lend more money unto  the plaintiff the mortgagor on his Vernon chancery case er p bind the  plaintiff bring his bill to redeem the defendant insist to have his bind debt  as well as the mortgagemoney pay he per cur although there be no special  agreement prove in this case that the land shall stand as a security for the  bind debt yet the mortgagor shall not redeem without pay both Reg lib a fol it  be refer to the master to inquire whether the debt secure in this case by bind  be separate or include in the mortgage and in case they shall prove distinct  debt then the decree to be as above and so make saint January subsequent Reg  lib a fol so the law appear to have be former anon salk pl Eq can ab pl haoe v  Kirtland Ch Rep but it be now otherwise vide Shuttleworth v Laycock post  Purefoy v Purefoy ante and case cite in note there
case Baylis and church versus the attorney general January see in re the good  of de Rosaz p d c by will give to bread street ware pound accord to Mr his  will Lord Hardwicke will not allow of parole evidence to explain the testator  intention when there be a blank only hunt v hunt bro Charles Rep Castledon v  turner post vol two hundred pound be give under the will of Mr church to the  ware of bread street accord to Mr his will the bill bring by the alderman and  principal inhabitant of the ware to have the direction of the court for the  application of this charity and the attorney general be make a defendant Lord  chancellor these be instance where this court have admit parole evidence to  ascertain the person intend by the testator where he have be mention only by a  nickname or where there have be two person who have have the same Christian  and surname but I do not remember any case where the court have go so far as  to allow parole evidence of the intention of a testator where there be only a  blank and therefore will not permit it to be read see Ulrich v Litchfield post  though the alderman and inhabitant of a ware be not in point of law a  corporation yet as they have make the attorney general a party in order to  support and sustain the charity I atkins can make a decree that the money may  from time to time be dispose of in such charity as the alderman for the time  be and the principal inhabitant shall think the most beneficial to the ware  his lordship direct d that the plaintiff shall lie a scheme before the master  for the application of the pound and interest to some charitable use for the  benefit of the say ware Reg lib a fol cook v Duckenfield post attorney general  v Hickman Eq ab pl white v white bro Charles Rep Moggridge v Thackwell bro  Charles Rep
case be livid or discolored e attaint error relation judgement in a attaint a  assignment of the false oath in omnibus who to say be a good assignment for it  refer to the issue which be single erratum be in omnibus be not good for the  record contain diverse matter and the judge be not to be put to seek the error  the judgement be presume to be legal the juror be convict in a attaint the  land which they have at the time of the judgement pronounce be seize into the  king hand for it by all the judge of England in error and attaint if judgement  be give for the plaintiff they shall be restore to all that they lose it shall  be as it ought to have be original at commonlaw the judgement in attaint do  not relate to the time of the false oath as for felony it relate to the time  of the fact homicide and felony be great crime the land be not forfeit in a  attaint the judgement at commonlaw in a attaint be that they shall be disable  from be juror or witness or wage their law their good and chattel to be  forfeit their land to be seize into the king hand their wife and child to be  turn out of door they shall be fine and imprison and their Jenkins house to be  pull down and land blow up if a attaint be bring upon the statute of h ch the  punishment be not so grievous who to act sparingly to do harm harmless punish  non be closely vinculum inter man how made him take the same oath
case be livid or discolored Elizabeth   Vaughan case amercement judgement  pardon error infant a quod ei deforceat be bring in Wales in the nature of a  writ of entry in the who pen this suit a general pardon in parliament pardon  all offence this be after the seize the suit continue and the tenant make  defence and judgement be give against he send non in pity because perdonatur  this judgement be affirm in error for though it be a contempt and disobedience  to the law to hold the land after the pardon yet the tortuous entry be the  original offence and be pardon all the subsequent wrong be pardon upon the  return of a writ of entry in Le who against a seize be render up the land in  court he shall not be amerce for he obey when he be command a infant sue by  prochein any and at full age prosecute the suit by attorney and be nonsuit he  shall be amerce otherwise if he have be a infant when he be nonsuit in the  principal case where a wrongful entry be find forasmuch as in a general pardon  there be many exception if the tenant when judgement be give against he do not  suggest to the court that neither he nor his offence be except if the  judgement be enter quod to take in hand it be not error for there be many  exception in a pardon and in a civil matter the court be not bind ex duty to  regard it but the court may if it will cro car part Betty and leighs case  judge accord in the exchequer if judgement in this case be as in the principal  case send non in pity because perdonatur it be good for the judge may if they  will take knowledge of a pardon though it be not plead
case be livid or discolored James I keb hob bail versus gird a assume to b to  die for he diverse clothes several which amount to sixty clothes and b promise  to pay to a a certain sum for each of those clothes a aver that he have die  the say clothes amount to fiftynine clothes for b and have deliver they to he  and that the sum due for they amount to which be not pay and for this a bring  his action upon non assumpsit plead a verdict be find with the plaintiff he  have judgement affirm in error for the mention of the say fiftynine clothes be  only superfluous and a missumming the say clothes be sixty clothes for the die  of sixty clothes be mention before the hob the jury assess damage occasion  detention c judgement be quod quer recupere damage and cost pro detentions  debt is owed prediction whereas the better form have be ib occasion non  performationis adoption c pro non prestation adoption predict yet good judge  and affirm in error
case be livid or discolored mark corporation Nosme misnomer Plowd e ander more    a blow Leon e h e h h S Br case the college of Eaton be incorporate by the  name overseer college royal college happiness nariae de Eaton juxta Windsor  the provost and college make a lease for a great number of year to a omit in  the lease the word happiness nariae and the repetition of the word college  this lease be void for the misnomer by all the judge a abbot bind himself in a  obligation name himself I S clerk whereas he be a dead person and do not name  himself abbot this obligation be good the prior of saint John of Jerusalem  omit Jerusalem in a grant yet the grant be good how can farmer who be layman  and general illiterate know the name of foundation of corporation the lessors  know they the farmer under such lease pay great fine expend great sum in the  tillage of the land and in repair a attempt to avoid such a lease by the  misnomer of the foundation be a deceit and Fr chevisance hob fraud their  common seal be know the natural person which compose the corporation at the  time of the lease be know if they will misname themselves they be t cheat and  deceiver moreover it seem to be for the honour of the law that they shall not  be suffer to avoid their own lease or grant any more than natural person a  grant make to a corporation by any other than their true name be void for they  know their own name
case be livid or discolored Yel e h Stamf coroner see Ann ch g ch g ch W m ch  annae ch the receipt of good felonious steal the receiver know they to be  steal be not felony the receipt of the felon himself only make the felony for  the good may be waif S and such receipt may be by the lord of the franchise  who have the waif by the assent of all the justice Favorabilia in lege are  fiscus do vita freedom Jenkins a buy from a man unknown who be a thief a horse  which be worth for S this be felony for because a do not apprehend the say  felon he receive he and the steal good and this make a a felon but this  unknown man ought to be indict and attaint before the buyer shall be indict of  this receipt to make he a felon
case beach against Hobbs if a declaration be file it be a good delivery only  from the time notice be give to the defendant or his attorney it be rule by  the court that to leave a declaration in the office before the essoinday of  the term be a complete delivery thereof if notice be give in write to the  attorney on the other side and he refuse to pay for the copy but all atorneys  ought to deliver a copy of the declaration to the defendant atorneys where  they be know and Willing to pay for it but if not know or refuse to pay for it  then it must be file in the office before the essoinday of the term and the  attorney for the defendant must have notice of it before the essoinday  otherwise he shall have a imparlance of course
case beal against beal on a submission so as the award be deliver on the that  at the shop of a a delivery on the that be good hob Leon sand lev lev salk kid  a award to pay the charge of a attorney bill be good Ven roll ab lev side  Carth say vide lev kid debt upon ail obligation condition for the performance  of the arbitrament of I S so as the same be deliver upon the that of February  follow at the shop of John Rolf scrivener in Cornhill c the defendant plead  nul tiel arbitrament the plaintiff show a arbitrament that February and what  and that he deliver it at the shop of John Rolf scrivener in Cornhill and show  the breach and upon this the defendant demurrer one cause assign by Grimston  be for that the arbitrament be say to be deliver the that of February and not  the bh of February nor be it aver to be deliver at the aforesaid shop nor to  the aforesaid John Rolf and it may be he have remove his shop and then it be  not intend it shall be deliver at the new shop or there may be another John  Rolf say non allocantur for it shall not be intend another person nor another  shop unless the contrary have be show second because the arbitrament be  uncertain videlicet to pay the charge in such a suit say non allocatur for  they be certain enough when the attorney have make a bill of charge wherefore  it be adjudge for the plaintiff croak car er p
case beal against shepherd a copyhold surrender to the use of a will and  devise to a and if she have issue then to such issue but if she have not issue  then she shall choose a attorney and sell the land to her best advantage  convey a estate to a for life only and give her on failure of issue a bare  authority but not a interest Bac ab pale yellow ten replevin the case be a  copyholder in fee surrender to the use of his will and that his will devise to  his wife his copyhold land and if she have issue by the devisor that the issue  shall have it at his age of one and twenty year b and croak throw if the issue  die before that age or before his wife or if she have no issue that then she  shall choose two atorneys and she to make a bill of sale of my land to her  best advantage c  It be hold per curian that she have those land for life a  and she not have issue have not any interest to dispose but have authority b  by his will to nominate two who shall sell and they may make sale and the  vendee shall be in by the first will c and there needs not be any new  surrender d a cro Elizabeth b see and will c which enable posthumous child to  take a contingent remainder although there be not any trust estate to preserve  it a roll ab bridge dyer u hard vent salk lev ld ray Mod Mod will b Mod c    light Bulst roll Rep cro Elizabeth d godb Bac Abr croak James er p
case Beals case attorney person under the power of the court Beal a attorney  of the court sue in the sheriff court for his fee and upon motion he be force  to refer it modern report to the master for that his person be under the power  of the court
case BEAMOND against roland the court will not set aside a execution on a  warrant of attorney on a suggestion of it be for money lend to a marry woman  and a infant the plaintiff lend money to the defendant a marry woman and a  infant who at that time give the plaintiff a warrant of attorney to confess a  judgement which be enter up and execution execute modern report er p Mr wear  move to set aside the judgement and to have restitution for that the defendant  be a infant and that the warrant of attorney to confess a judgement be part of  the process and not like a bind therefore the court may set this aside on  motion Pratt chief justice if a writ of error be bring and the fact true the  judgement will be set aside we shall not on motion assist in this matter which  will defraud the plaintiff especial since there be another remedy beside by  motion the court deny the motion
case bear against Bennett a plaintiff must declare within three term or the  defendant shall be discharge on common bail S C keb march prac Reg Mod Com dig  bail Cowp Twisden justice when a man be arrest and have lie in prison three  term and be discharge upon common bail whether shall the plaintiff ever hold  the defendant to special bail afterward for the same cause if be begin anew  Kelynge chief justice if he may then may a man be keep in prison for ever at  that rate at last it be agree that if he will pay the defendant his cost for  lie long in prison he shall have special bail
case bear against kendal Teaebing school without licence S C vent S C keb see  the statute James c f and Geo c hawk and a prohibition be praved to the  ecclesiastical court at Chester to stay proceed upon a libel against only  William Bates for teach school without licence but it be deny it appear by the  report of this case in Keble that the prohibition be grant because the object  of the libel be to put he out of the school when the patronage be not in the  ordinary but in the founder in which case the ordinary can only censure but  not expel nor can he libel for the penalty Carthew lev this jurisdiction  extend only to grammar school Peer will see a argument but no determination  upon this subject salk Mod and as to the bishop duty in grant the licence vide  bar Kel pl and and strange
case bear against rookwood easter term Elizabeth roll thou art a forswear  fellow be not actionable except by subsequent word it appear that the forswear  will he perjury ante as James how slanderous word may he express in the  declaration post Ro Abr Mod salk b r h error of judgement in the common plea  in a action for these word thou art a forswear fellow for by your false oath  thou baste hang as true a man as thyself the error assign be that these word  be not actionable but all the court hold the contrary for although the first  word a forswear fellow will not maintain a action yet when he declare that by  his false oath he have cause a man to he hang that can be intend but to he a  false oath judicial take in evidence against a prisoner and the word thou  baste hang shall he construe to he thou baste cause to he hang wherefore it be  award that the judgement shall he affirm croak Elizabeth another exception be  take because the declaration be qubd propalavii qucedam scandalosa word prout  in his England word sequent videlicet thou c and it may be the word be speak  in another language which they who be present understand not and then there be  not any cause of action as it have be adjudge before these time say non  allocatur for it shall he intend that he speak England word and the word prout  in his England word sequent be tantamount as if he have say hcec England word  following wherefore it be adjudge ut above
case beard and his wife against frank plead the poor Act rule per curian that  in plead the last poor prisoner Act you must plead the first Act in and then  the last give the same authority and that he be in prison the first of may and  it be not enough to plead the last Act and accord plea overrule in this case  and judgement give for the plaintiff
case Beasley v BEASLEV after Hilary term in Lincolnsinn hall Lord chancellor  where there be a joint commission against two partner they must be each find  bankrupt and though one of they shall die the commission may still go on but  if one of the joint trader be dead at the time of take out the commission it  abate and be absolute void
case BECHINALL versus arnold January in court Lord chancellor Eq can ab pl pl  S c devisee shall not examine witness in perpetuan rei memory to prove a will  against a purchaser without notice till the will have be establish by a  verdict at law bill to prove a will and perpetuate the testimony of the  witness the defendant plead himself a purchaser without notice of any such  will and insist that unless there have be a verdict in affirmance of such will  nothing hinder the plaintiff but that if he have a title he may recover at law  the plaintiff ought not to be admit to examine his witness thereby to hang a  cloud over a purchaser estate and upon debate the court allow the plea so  demurrer allow on the same ground Parry v Roger post by rule on demurrer  plaintiff be in possession though his right not establish at law duke of  Dorset v girdler pre Ch but a slight interest will sustain such a bill Lord  Dursley v fitzharding Ves in which the learning and the case on this subject  be very full state and discuss see also note z to Philips v Carew p wms that  edit
case Beckett against tailor arbitrator may award one of the party to discharge  the other from his undertake to pay a debt to a three person S C keb cro car  Mod ld ray Com Rep Mod modern er p fitzg bar king b see a treatise on the law  of award by S kid Esq page to where all the case upon this point be collect  and the Ann c debt upon a bind to submit to a award a exception be take to the  award because the concurrence of a three person be award which make it void  they award that one of the party shall discharge the other from his undertake  to pay a debt to a three person and it be pretend that the three person be no  party to the submission be not compellable to give a discharge but it be  answer that he be compellable for in case the debt be pay he he be compellable  in equity to give a release to he that have undertake to pay it and the case  of Giles v southward b style b and roll Abr be cite judgement nisi case  memorandum on the creation of a sergeant all law the ring give to the chief  justice and the chief baron must weigh twenty shilling S C keb S C ray  seventeen sergeant be make the that day of November a day or two after  sergeant powis the junior of they all come to the king bench bar Lord chief  justice Kelynge tell he that he have something to say to he videlicet that the  ring which he and the rest if the sergeant have give weigh but eighteen  shilling apiece whereas fortescue in his book de praise law Anglioa say the  ring give to the chief justice and to the chief baron ought to weigh twenty  shilling apiece and that he speak not this expect a recompense but that it may  not be draw into a precedent and that the young gentleman there may take  notice of it
case Beckford versus Beckford of the tenth in court Lord chancellor Eq can a  pl S c money to be bring into hotchpot by a orphan shall be bring into the  orphanage part only the only point be upon the custom of the city of London  where a child that have a portion but be not full advance be to bring her  portion into hotchpot whether the portion shall be bring into the personal  estate in general that so the widow may come in for part of it or whether it  shall be bring into the orphanage part only Lord chancellor it be beyond all  doubt that it must be bring into the orphanage part only Reg lib a fol enter  Beckford v Kendal vide post vol SC see also fane v hence ibidem dean v Lord  Delaware ibidem Stanton v Platt ibidem cleaver v spurling p wms a freeman of  London devise pound for mourning it shall be pay only out of the legatory part  and not out of the orphanage or customary part Deaking v Buckley post v
case Beckford versus Beckford vide ante vol p S c Dec James Lord jefferies Eq  can ab pl Ch can Ch Rep S c money bring into hotchpot by a orphan be to be  bring into the orphanagepart only and not to increase the widow customary part  or the testamentary part where a freeman of London die leave a wife and child  some whereof be only in part advance and other full advance the child who be  in part advance must bring in what they have respective receive into hotchpot  but it shall be bring into the child three only and not Vernon chancery case  to increase widow or executor three videlicet the estate leave by the testator  at his death shall be first divide into three part videlicet the widow three  part the orphanagepart and the legatory or testamentary part and then what the  child in part advance have receive shall be bring into the orphanagepart only  and not to increase the whole estate Vernon chancery case er p Vernon chancery  case de term S HILLARII in curian porter
case beech against Trevors debt on recognizance cognovit see to withhold hold  well debt upon a recognizance in chancery the declaration be that the  defendant of constitute in person ring in cancellar cognovit see to withhold  in such a sum Broderick except that here be no Obligatory word by if it be to  withhold but per curium though it may be better so yet debeo be say passive  and the word to withhold be not necessary to make a debt for tender or to bind  up will do and there be no such word in true Latin as indebitatus yet it have  now obtain in law and the plaintiff have judgement note holt chief justice ask  the counsel for the plaintiff if debt be bring in the common plea upon a  recognizance in chancery and the defendant crave oyer thereof what must be do  for if covenant be and bind for performance in debt thereupon the defendant  way be to produce his part vide Sav
case beech versus crull April Lord chancellor on demurrer vesey S p case of a  plaintiff claim under a will where it be apparent upon the construction of it  that he have no title demurrer allow the plaintiff buy pound three  subscription of the defendant at per cent premium for which he pay in ready  money pound and the defendant at the same time give the plaintiff a bind to  deliver he pound in the say three subscription when the receipt shall be  deliver out of the same by the company and no receipt be deliver out this bill  be bring to have the money refund the plaintiff by his bill offer to deliver  up the bind the precedent in chancery defendant demurrer to the plaintiff bill  for want of equity and by way of answer offer to transfer to he the stock give  by the company for the pound pay in upon the subscription and the demurrer be  allow my Lord chancellor say the plaintiff equity be that he be now to pay but  per cent for this subscription and complain that he have not the receipt  deliver out which will have oblige he to pay pound per cent and say there be  no colour in the world to demand back this money but he must take back the  stock give by the company in lieu of it as he agree to stand in the seller  place and will have be glad to do so if it have prove a advantageous bargain  so must he too now that it come out to be otherwise but say that the plaintiff  may proceed at law if he think fit upon his bind and make the best of it there
case Beecher versus GUILBURN in court Lord chancellor if one partner borrow  from the other on note he shall pay interest though he have more money in the  stock than he borrow if one copartner borrow money of the other on his note be  shall pay interest for it though he have more money in the stock than what he  borrow for the stock be only to be employ in augmentation of the trade for  their mutual benefit but neither of they can make use of it for their own  private advantage
case beedle against clerk if a writ be abate without default of the party he  may have a new writ by journey account   a Brownl Lut ld ray Com dig salk  partition the case be that a and b be jointtenants for year b suffer c to  occupy his moiety with he and a bring a writ of partition against b and c  suppose that b have grant a moiety of his part to c c show that he be but  tenant at will to b whereupon the writ abate and whether a may have another  writ of partition against b by journey account be the question it be resolve  that he may for the possession of c be good colour for bring the writ of  partition and a can not take notice what estate c have c
case belcher and his wife against hudson Hilary term James roll a promise to  pay a woman a annuity after the death of such a man in consideration that she  will marry he can be defeat by his release of all action and demand to the  defendant for it be not in demand during his life ante post Yelv roll ab roll  ab more Brownl Hobart salk palm see ld raym assumpsit for that the defendant  assume to the wife of the plaintiff in her widowhood that if she will marry  Thomas mason he will pay to her annual after the death of the say mason during  her life forty shilling and allege in fact that she marry Thomas mason and  after his death marry the plaintiff and for nonpayment of forty shilling  annual after his death bring the action the defendant plead a release from  Thomas mason of all action and demand which he have or c it be thereupon  demurrer and after argument at the bar adjudge to be no plea for be a promise  to perform a payment after the death of Thomas mason it be not in demand  during his life nor by any possibility can ever be demand by he croak James er  p
case bell against Cundall in chancery July court of equity will not rectify a  mistake of name in a recovery especial after a length of time and against a  purchaser see ash v rogle vern Scriven on copyhold freeman v freeman pre Ch  clarke v ware ib Reg Min book July bill to rectify mistake in the body of a  common recovery of a copyhold estate suffer at a court baron hold for the  manor of Rippon in as enter on the record ambler where the name of the vouchee  be insert instead of that of the tenant and so vice line there appear in the  margin of the record a note of the then steward own hand write in which the  name of the party be proper ascertain it appear on the plead that the  remainderman upon the foot of the mistake in the recovery have get possession  of the estate and have sell it for a valuable consideration upon open the  cause by the plaintiff counsel Lord Hardwicke c declare he can not relieve  especial after such length of time and in case he be to do it it will be on  payment of all the defendant purchase money for it can be intend but that the  plaintiff know of the mistake and the defendant be a purchaser for a valuable  consideration without notice there be no instance where this court have amend  any mistake in such a recovery but in the common plea it be often do bill  dismiss
case Bell case a general pardon where there be exception must be plead with  the usual averment ante dyer cro James shower lev Plowd   Hardres Carth S p c  Leon Inst cro Elizabeth lane will Bac Abr hawk p c bell be indict that he  felonious James steal a silver ladle of plate from king James whereas in truth  it be the plate of queen whether and steal from her for which he obtain his  pardon by the queen mean he be now indict again for steal the same plate and  whether he shall have the benefit of the general pardon of James without plead  it and pray a discharge because there be a special exception in the pardon of  good take away purloin or steal from the king be the question henden move that  this exception be to the take away of good c as trespasser whereby the  property of the good be save to the king and do not except the felony but the  court doubt hereof whereupon they advice he to plead yearbooks Henry pl Henry  pl
case Bellasis versus Benson februar in court Lord chancellor Eq can ab pl a  settlement of a jointure actual make be a evidence that all parole agreement  before the marriage be resolve into that the bill be to be relieve touch the  plaintiff jointure which the bill charge be by parole agreement make on the  marriage agree to be pound per and the defendant plead that after all treaty  and agreement touch the marriagesettlement a jointure be actual settle and  accept and the marriage thereupon have year since Vernon chancery case er p  Lord chancellor the jointuredeed be a evidence that all the precedent treaty  and agreement be resolve into that but order the defendant to answer and save  the benefit of the plea to the hear plea overrule without cost on either side  Reg lib a fol vide Benson v Bellasis ante p
case BENINGSAGE against ralphson assumpsit and deceit can be join in the same  declaration SC vent SC skin case declaration on assumpsit to deliver  merchantable commodity and that be deliver dirty ash instead of they and  declare likewise on a warranty demurrer to the declaration Thompson for the  plaintiff cite Brownl and the case of Golding v Goteer a case for misuse his  horse and for money for the hire of he too and the case of matthews v hop b  case against a carrier on the custom and trover join c but sander oppose it  say these be of several nature one be in the tort the other in the right they  require several issue d and judgement be for the defendant and we afterward be  force to declare in deceit only and recover a hundred pound damage I be of  counsel in this cause for the defendant e a the special verdict be argue in  the king bench in Trinity term car the only question make be whether by the  word of the will the wife of the testator take a estate for life or in fee and  the court be of opinion that by the word all my estate the wife take all the  real estate in fee SC Mod because by the other word it appear that he mean to  exclude the heir at law SC Eq Abr SC cite Mod see also tanner v wise Peer wms  hogan v Jackson Cowp Loveacres v blight Cowp den v gaskin Cowp do v Davies  dougl maundy v maundy dougl holdfast v Martin term Rep Fletcher v Smiton term  Rep palmer v Richard term Rep Beezley v Woodhouse term Rep dally v king h Bl  Rep a Hilary term car in b r keb b Hilary term car in b r keb side see also  vent c see Dicken v Clifton that a action against a common carrier for spoil  good and trover may be join will S p Owen v lewyn vent S p matthews v Hoskin  side see also mark v Goodson will bean v bloom will d see Bedford v Allcock  will gilbert Cora plea e in SC Skinner it be say the court take time to be  advice for the warranty in this case be in nature of a contract as well as the  assumpsit and such a action as shower KB er p
case bennet against king a prohibition grant for say she have make her husband  a cuckold on a suggestion that the word be speak in London a say to b that she  make her husband a cuckold b libel against a in the spiritual court Mr  Southouse move upon suggestion that the word be speak in London and though it  be not call her whore direct yet it be call her so by implication holt chief  justice if the custom of London extend to punish a woman who make her husband  a cuckold then a prohibition may be grant for the foundation of grant a  prohibition for call a woman whore in London be because they modern report er  p by custom punish whore there by cart they and a action lie there for call a  woman whore and afterward at another day this term they grant a prohibition  because these word be actionable in London a vicar v worth stram argyle v hunt  stram cook v Wingfield fort S c stram S c andr Hodgkin v Corbet Mod S c stram  Staunton v Jones dougl notorious facts a
case bennet against TABRAM Michaelmas term James roll to say thou art a  maintainer of thief to steal my master good be actionable ante action for word  whereas sir William ailiff knight to who the defendant a see car c and Ann c  Geo c croak James er p be servant be rob of diverse good by person unknown  that the defendant to scandalize the plaintiff speak these word thou art a  maintainer of thief to steal my master good innuendo the good of the say sir  William ailiff who be rob the defendant plead not guilty and find against he  and damage ten pound after verdict touse sergeant move in arrest of judgement  that these word be not actionable for he do not say that he maintain they in  the felony nor know they to be thief and one may maintain thief not know they  to be thief say non allocatur for the word be to be take in the most  slanderous part as he speak they Doderidge cite a case in this court thou  maintain pirate who rob upon the sea and it be adjudge that the action lie so  here wherefore it be adjudge for the plaintiff
case bennet versus Edward and selby all Nov bill to foreclose a infant by  decree it be send to a master to see what due master report what be due for  principal interest and cost whether upon a subsequent order to carry on  interest the former interest during the infancy shall carry interest a bill  bring that a infant may redeem a mortgage or be foreclose upon the hear it be  decree to a account and the infant to pay what shall be report due unless  cause within six month after he become of age a report make and confirm of  pound due and a subsequent order be make to compute interest from the report  the Lord keeper doubt whether interest ought to be allow for the interest as  to the general doctrine of interest carry interest in case of mortgage vide  Howard v Harris ante Vol and case cite in note p there proctor v Cooper pre Ch  as to the particular question in the principal case it be clear the practice  that interest be calculate on a sum compose of principal and interest certify  to be due by the master report confirm and the principle seem to be that a  report be as a judgement and appoint a day for the payment carry on interest  to that day butler v Duncomb p wms brown v Barkham wms Harris v Harris atk  Creuze v hunter Ves jun turner v turner I W but this rule be subject to  restriction for interest be compute by the master report upon such debt only  as carry interest accord to the rate they carry and upon further direction  subsequent interest be direct on those debt only upon which the report have  already compute interest and no interest be compute on simple contract debt by  the report or by order afterward ibidem p and where interest arise it be to be  compute only from the confirmation of the report Creuze and hunter ub sup  Bedford v coke before Lord Hardwicke and cite ibidem p Litton v Litton p wms  that edit and case cite in note z
case BENNOYER against brace death of one of the plaintiff in error must be  suggest on the roll before execution can be take out S c ld ray S c Mod S c  salk S c holt S c Mod S c comb S c Carth holt chief justice this case stand  for the resolution of the court on a motion trespass against four verdict and  judgement for the plaintiff against four all four bring a writ of error after  judgement give one of they die before the record certify and the plaintiff  take out a capias ad to give satisfaction against the survivor whereon two  question have be first whether if judgement he have against two modern report  defendant and one die execution may he have against the survivor without a to  know facias which we hold it may suppose it to be within the year because  there be no change of the record at all and it shall not be intend there be a  release to the party decease second whether in this case when the writ of  error abate by the death of one of the plaintiff in error execution may be  take out against the rest without apprise the court thereof by the writ of  error the hand of the court be tie up so that they ought not to award  execution until they be satisfy their hand be lose now here be a execution  without make this matter appear to the court for which reason it go out  erroneous and therefore let a supersedeas go because to flow out improvident c
case BENNOYERS case a prohibition lie if the spiritual court refuse a copy of  article per curian if proceed be ex duty in the spiritual court yet if they do  not give a copy of the article they shall be prohibit until what time  notwithstanding the resolution in more and the court grant prohibition
case Benson against flower vide ante damage and cost pay to the sheriff upon a  can sa and continue in the sheriff hand be not assignable by the commissioner  on the plaintiff become bankrupt before the return of the writ ante post see W  Jones jud Ref peer will cook b l dougl term Rep this case be move again the  last day of this term and the assignment before the commissioner be read in  court and forasmuch as the become bankrupt and the assignment of the  commissioner be after the writ of execution serve although they be before the  return of the writ Jones Whitlock and myself conceive that the money in the  sheriff band be not assignable although by the judgement the damage and cost  be ascertain and turn into remember judge for it can be say to be the bankrupt  money until it be pay to he and in the mean time it be in the hand of the  sheriff quasi in custodian law and the case be so much the strong because it  be upon a capias ad to give satisfaction and the money pay to the sheriff to  satisfy the execution so that it be not due to the plaintiff until it be pay  to he and none may give a discharge thereof but the plaintiff who be party to  the record and a but now by will c the plaintiff may in this case assign as  many breach as he please croak car er p be levy by record it ought to be  deliver unto he who may acknowledge satisfaction upon the record and the  assignee be stranger to the record and can have the benefit thereof it be  therefore resolve by the assent of hide chief justice who first doubt thereof  that this money shall be deliver to the party who recover he acknowledge  satisfaction Mod Rep
case Benson against Morley Michaelmas term James roll thou have rob the church  and steal lead from it be actionable word ante post cro car stram Com dig  action for these word thou have rob the church innuendo the church of saint  alphage and thou have steal the lead off from the church innuendo the church  of saint alphage aforesaid the defendant plead not guilty and croak throw  after verdict for the plaintiff it be move that the word be not actionable for  they do not import of themselves what church he rob nor that he rob any  material church for the rob of the church be oftentimes speak of such who  detain church duty or the like and it shall not be help in the substance by  the innuendo the pull croak James er p of lead also from a church which be fix  to the freehold be not any felony in itself wherefore the action lie not and  Fenner and William be of that opinion a but Popham Yelverton and Tanfield e  contra for the word be to be take accord to the common parlance and to be  speak in the worst sense accord to common understanding and therefore when one  say thou have rob a church that be in a felonious manner and the innuendo show  to the court what church he intend and the addition and thou have pull off the  lead be a further addition and not a show wherein the felony consist which he  intend and therefore Tanfield say there be a difference where he say for thou  have and and thou hast and c wherefore it be adjudge for the plaintiff
case Benson against offley and LIPPON appeal of murder charge that a give the  mortal wound and that b be present aid and assist a verdict find that b give  the wound and that a be present aid and assist be good SC comb SC Mod SC salk  appeal against two a as give the stroke and then b as feel or perceive  beforehand to give help et abettans and so they murder he the verdict find  that b give the stroke and that a be abet argue to be well enough on the case  in Plowd where in case of indictment it be hold well enough e contra it be  urge that in every count or declaration the demand must be certain the appeal  be against three here be a verdict that find that Offley do not strike the  stroke as be allege in the declaration per curian you can say nothing against  this but what may be say against a indictment here they be find guilty of the  fact at last judgement be give for the plaintiff nisi causan c at another day  it be argue that the trial be wrong for the blow be in one county and the  death in another the trial ought to have be by a jury of both county and not  in the county where the death be cite Henry pl Henry pl the Edward c will not  reach this case there be nothing in this statute that direct the trial  otherwise than as the commonlaw order in this case Inst Adjournatur a
case Benson against scott a copyhold estate surrender on a condition to be  void on payment of a sum of money will on nonperformance of the condition  defeat the wife of the surrender of her freebench S c Mod S c lev S c salk S c  comb S c skin S c Carth S c holt ejectment special verdict that scot be seize  of copyhold land in fee accord to the custom of the manor and surrender to the  use of m collard upon condition modern report er p that on payment c the  surrender shall be void the condition be present break Scott die m collard be  admit who surrender to the lessor of the plaintiff who be heir to Scott they  find the custom within this manor that the wife of the copyholder shall have  her frankbank of the copyhold land of which her husband die seize and that  after the death of Scott the defendant be relict enter and be admit accord to  the custom and continue yet a widow and per totan curium the admittance of m  collard shall avoid the frankbank to which otherwise the wife be entitle for  though the lessor of the plaintiff be find to be heir yet that do not alter  the case for he come in as purchaser and be in of her estate and the frankbank  be not inchoate by marriage like dower for if it be a lease or alienation in  the husband life will not bind it as it do but it depend pure on the die seize  but this be defeasible by admittance of the surrendee and when that come the  frankbank must fall with the estate out of which it be extract a
case Benson and his wife against flower and BLACKWELLS queen whether damage  and cost recover in a action for word and levy by the sheriff can be assign by  commissioner on the plaintiff become bankrupt before the return of the writ  post S C Jones Cowp cook b l Com dig dougl note term Rep action on the case  for word speak of the wife upon not guilty plead and a verdict for the  plaintiff and five pound damage assess and seven pound for cost they sue out  execution and after the money be levy by the sheriff and before the return of  the writ the plaintiff become a bankrupt and by the commissioner of bankrupt  the say twelve pound so recover be assign by the name of the money of Benson  to Blackwell and other creditor the sheriff bring the money into court the  plaintiff who recover pray to have the money deliver to he out of court and  the say Blackwell and the creditor pray that the money may be deliver to they  accord to the sale and assignment of the commissioner and whether it shall be  deliver to they be the question hide chief justice and Jones conceive that the  sale and assignment be good and that the money shall be deliver to they for  the damage be recover and the cost assess by the judgement it be a debt and a  action of debt well lie upon this judgement and the money be levy be proper  appertain to he and therefore in the power of the commissioner to dispose  thereof and as it may be forfeit to the king by outlawry or assign unto the  king and he may cause it to be levy so may the creditor upon this commission  but Whitlock and myself be of another opinion because it be recover and  execution award and the sheriff levy the money before he become a bankrupt it  be as it be in custodian law and the creditor can give a discharge nor be they  party in court who can acknowledge satisfaction and if the judgement be  reverse they be not compellable to make restitution whereupon the court will  further advice b
case Benson and his wife against hall and his wife word adjective speak as  thou perjure beast be actionable unless the context show they be not use in a  positive sense action for these word by the wife of hall of the wife of Benson  thou perjure beast I will make you stand upon a scaffold in the starchamber it  be move in arrest of judgement that these word be not actionable be speak  adjective not positive thou art a perjure beast but it be adjudge that the  action well lie for the last word do not mitigate the former but show what be  her intent in these word
case Benson versus Benson April a inhabitant within the province of York make  a settlement on his wife in bar of what she may claim by custom of York or  otherwise out of the personal estate husband die intestate leave the say wife  and child how the wife customary part shall go upon the marriage the husband  be a inhabitant within the province of York provision be make by settlement  for the wife in case she survive it be thereby Vernon chancery case er p also  agree that she shall not claim any part of her husband personal estate by the  custom of the province of York or otherwise the husband afterward die  intestate Le a his wife and two child question whether the whole personal  estate shall be now divide between the two child as if there have be no wife  or how the three belong to the wife accord to the statute for settle intestate  estate but of which she be exclude by the marriageagreement shall be dispose  of Vernon chancery case per Mr finch the husband be in the nature of a  purchaser of his wife share and without doubt may have dispose of it by will  and what he may have dispose of by will the statute have dispose of for he and  be in the nature of a will for all intestates as be resolve in the case of  travel and peacock and in rider case but it be observe by Lord commissioner  Hutchins that the agreement be in this and the act of parliament in she can  not by the agreement be exclude from the right that accrue to her by the  statute make subsequent to the agreement Qure vide Benson v Bellasis ante Vol  S c
case bentham versus alston Maynard Keck and Rawlinson lord commissioner die  March maii post can the plaintiff be successor to a parson who have make a  lease to the defendant of his tithe and glebe for three year two year and a  half expire in the lifetime of the lessor and the lessee have take the profit  of the whole year in the parson lifetime who die before the last rentday the  plaintiff bill be to have that half year rend vide statute h cap the plaintiff  have not make the executor of his predecessor a party per cur dismiss the bill  without cost Reg lib a fol vide post S c
case bentham versus HAINCOURT October Eq Abr pl S c a mortgage to b and after  to c then b enter and after suffer a the mortgagor to receive the profit for  several year without require interest this interest shall not be charge on the  land to keep out c it be hold by the court in this case that if a mortgagee  after notice of a subsequent mortgage join with the mortgagor in sale of the  land to a stranger the money receive by either for the purchase shall sink so  much of the purchase money and in this case the mortgagor be soninlaw to the  mortgagee and he have enter and afterward suffer the mortgagor precedent in  chancery to take the profit for several year without require interest the  court hold that the land in the hand of the second mortgagee shall not be  charge with any interest for that time that be that the interest of the first  mortgagee shall not affect the land so as to keep out the second mortgagee  long than he will have he if the interest have be duly pay
case bernard against FITZHOUSE non assumpsit and a usurious contract can be  plead joint S c fort in assumpsit for two thousand pound Mr reeves move that  the defendant may plead double non assumpsit and a usurious contract the court  this be different from the case of a bind or other security for there a  usurious contract can be give in evidence on non assumpsit but otherwise in  the case of a promise the law be the same on the game Act where the contract  be void it may be give in evidence on non assumpsit as coverture infancy  wherefore the court be of opinion that the usurious contract may be give in  evidence on non assumpsit deny the motion
case bernardiston against the sheriff OF Middlesex a misnomer in a bailbond  and To give back see variant from the first writ can be amend the plaintiff  take out a writ against I S and deliver it to the defendant to be execute upon  the arrest the bailbond by the officer be to appear at the suit of  Bernadistant and bail be put in by that name and afterward a To give back see  by the same name and the plaintiff sue the sheriff for escape Montague move  that the bailpiece and the To give back see may be make accord to the writ per  curian it can be for the bail must be accord to the bailbond and not accord to  the writ or the return of it and though it be fault writer in the bind yet we  can help it modern er p
case Bernee versus eire July see boyse v Rossborough key where a devisee bring  a bill mere in perpetuan rei memory and the heir at law only crossexamines the  witness he be entitle to his cost but if to encounter the will he shall not  the only material question upon the rehear be whether the heir at law be  entitle to cost Lord Hardwicke lie down the follow general rule that if a  devisee bring a bill mere in perpetuan rei memory and the heir at law do  nothing more than crossexamine the witness who be produce to confirm the will  he be entitle to his cost bidulph v bidulph p W if he examine witness to  encounter the will then he shall not have his cost this be where the bill do  not pray relief or be not bring to a hear but when the cause be bring to a  hear if the heir at law have a issue direct to try the will and the will be  establish as he have a right to be satisfy how he be disinherit he shall have  his cost atkins if he set up insanity or any other disability against the  person who make the will and fail he shall not have his cost vide web v  Claverden ante atk vol but it must be a very strong case which will induce the  court to give cost against he as spoliation or secret the will I shall have  decree the defendant the heir his cost notwithstanding one witness have swear  positive to a attempt of conceal the will because it be as positive deny by  the defendant answer but then it appear likewise that after the heir wonder S  inform that the will be in the hand of a particular person he go and take out  administration upon the oath usual on those occasion without ever make any  inquiry after the person who he be inform by letter have the will in his  custody this be such a improper behaviour in the heir that I will not give he  his cost
case BERRISFORD versus Milward July SC barn Charles Rep where a mortgagee be  present while a mortgagor be in treaty for his son marriage and fraudulent  conceal his mortgage the court decree the son the wife and the issue to hold  the land against the mortgagee and his heir the reader be refer to the case  cite in the note to Mogatta v Murgatroyd Cox p W a mortgagee be present when  the mortgagor be in treaty for the marriage of his son with the father of a  the son intend wife and the land encumber be agree to be settle upon this  marriage to the husband for life to the wife for life remainder to the issue  male and female it be not oppose by the mortgagee but he fraudulent conceal  his mortgage and at the same time private assure the father of the son that he  will trust to his personal security it be decree that the son and his wife and  the issue of this marriage shall hold the land quiet and peaceable against the  mortgagee and his heir the mortgagee be direct to assign his mortgage to  trustee the one to be name by the son and the other by himself to attend the  several limitation contain under the marriage settlement and in case the  plaintiff die without issue of the marriage or the estate limit to the issue  of the marriage determine then the party be at liberty to apply to the court  for further direction the injunction to stay the mortgagee atkins proceed at  law be make perpetual and he likewise be order to pay the expense of the  assignment to the trustee
case berry and his wife against NEVYS in the exchequer Chamber Trinity term  James roll in trover against husband and wife the conversion must be allege to  the use of the husband and not to her or their use ante roll ab Jones Yelv  Leon cro car march Com dig Com dig Andrews salk stram error of a judgement in  the king bench in a action of trover and conversion of good et inter alian of  sixty pound in money against husband and wife suppose that they convert they  to their proper use the defendant plead not guilty and it be find against they  for the sixty pound and judgement give for the plaintiff and that they shall  be in pity the error assign be because a action lie not against husband and  wife for convert good to their use for it be the conversion of the husband  only and they be only to his use and although they may be charge with a joint  battery or imprisonment yet it can be so for good convert and all the justice  of croak throw the common plea and baron of the exchequer be of that opinion  and it be show that this judgement pass sub silence after verdict without  exception for in easter term James in Harrison v Bradford and his wife in a  action of trover of good and convert they to their use after verdict for the  plaintiff it be move that the action lie not and there it be adjudge for the  defendant and it be move by sherfield that the judgement shall be reverse  quoad the wife say non allocatur wherefore it be reverse
case berty against dorm aver land be deficient in value put the proof on the  pleader issue direct out of chancery be whether land assign for payment of a  legacy be deficient in value and issue be join upon the deficiency the one  allege that it be deficient and the other that it be not per curian though  aver that it be deficient be such a affirmative as imply a negative yet it be  such a affirmative as turn the proof on those that plead it if he have join  the issue that the land be not of value and the other have aver that they be  the proof then have lie on the other side if one plead infra tatem which be no  more than that he be not of age and issue be thereupon he that plead the infra  tatem must prove it holt chief justice the common way of apprise tithe herbage  be two shilling in twenty and if one devise land to the value of one hundred  pound ayear to another it be prima fancy the best rule of valuation to  estimate they at the value they be at the death of the devisor
case Berwick against foster vide ante page rend reserve yearly Payable at  Michaelmas or ten day after if the term expire the rend be due at the  Michaelmas before the ten day and in debt for such rend thus far a retro step  forth supply the averment that it be not pay on the ten day ante post SC Yelv  Bulst Browill Brownl this case be now move again the first day of this term  Fleming chief justice Yelverton and croak puisne justice hold that the rend be  due but Fleming doubt of the manner of the action for he ought to declare that  it be not pay the ten day Yelverton and croak hold it be supply by the word  thus far a retro step forth also that in this case the rend be due at every  Michaelmas and the lessee may tender it to the person of the lessor who be  bind to accept thereof but he have election whether he will pay it until the  ten day be determine and if the lessor release to he all action and rend due  after Michaelmas before the ten day this rend be release and the lessee have  only election for his ease and benefit but William continue his former opinion  and Fenner incline thereunto wherefore they will further advice note a  precedent be show in Trinity term Elizabeth roll clerk v Bovenden debt for  rend and declare upon a lease make render rend at Michaelmas and the  annunciation or within twelve day after every of the say feast and demand the  rend due at Michaelmas last pass and mention not the twelve day after and the  plaintiff have judgement and it be then say that the reservation be durante  boundary at Michaelmas or within ten day this election be determine at the  last feast because the term be expire croak James er p
case best versus stampford pale yellow Ch Eq Abr pl pl S c vern vern and S c  salk S c freeman S c wms wms see also wms brown Rep feme inheritrix raise a  term for year in trust for the husband for life then for their child if any  their executor and administrator and if the wife survive in trust for her her  executor and administrator the husband die without issue the wife marry a  second husband and die the husband take out administration to her yet decree  that the term shall attend the inheritance a feme executrix before marriage  raise a term for year in trust for her intend husband to receive the profit  during their joint life and if they shall have any child in trust for such  child their executor and administrator during the rest of the term and if the  husband survive her in trust for he during his life but if she survive he  precedent in chancery then in trust for her her executor and administrator  during the rest of the term the husband die without child and the wife survive  and take another husband who survive and take out administration to her the  question be if the say term shall go to he or attend the inheritance and go to  the heir Lord keeper this be only a unskilful declaration and not the intent  of the party and the particular purpose be serve it must attend the  inheritance for so I think it be at her second marriage and that can not be  alter by her death for knight sequitur law and cite Pollhill and Pollhill and  if the term and inheritance have be in the same hand it will have merge so  here it shall be attendant in equity precedent in chancery de boundary S  HILLARII in curian porter
case beston against Robinson if a conusor in execution be discharge from the  statute by covenant from the conusee he must relieve himself by action for he  can be bail on hearing complaint Bulst Bl Rep hearing complaint by beston who  be take in execution upon a statutemerchant at the suit of Robinson and show  certain article betwixt he and Robinson to discharge he of the statute and  pray to be let at mainprize but the court deny it one in execution ought not  to be let to mainprize upon a surmise and here the article which he show be  not good to discharge he of the execution but his remedy be to have a action  of covenant upon they
case bet against TREVAMAN word of defamation not actionable if they do not  touch the plaintiff profession ante strange Com dig action for these word  whereas he be a scrivener and freeman of London that the defendant speak of he  these word thou art a rogue a conycatch rogue a cozen rogue a cutpurse rogue  croak James er p after verdict for the plaintiff it be move in arrest of  judgement that these word be not actionable for they do not touch he in his  profession and the first word thou art a rogue be but word of spleen and no  cause of action and the word after rely upon the word rogue and be but  addition and adjective to the word wherefore the action lie not and it be  adjudge for the defendant
case bet executor OF against mitchell overrule partridge v court price if a  promissory note be give to a as executor of b yet be need not in a action on  this note name himself executor and therefore be can join in the same  declaration the promise make to himself with other promise make by the drawer  of it to the testator action upon the case be bring for several promise make  by the defendant to the testator as to the five promise the plaintiff declare  that the defendant on the thirteenth day of August make a promissory note to  he as executor of such a one Payable to the modern report plaintiff or order  and then conclude that the defendant not mind his promise do not pay c to this  declaration the defendant demurrer it be insist upon that this five promise be  of such a nature as can not be join with other promise make to the testator  for though the note be make to he modern report er p as executor that be only  a description of his person the note be Payable to the plaintiff or order and  by virtue of the statute concern promissory note it be transferable by  endorsement and the endorsee may maintain a action it be as much a new  contract as if a bind have be give to the plaintiff for this money the  defendant can plead to this note plene to manage but must plead non assumpsit  the plaintiff may have bring a action upon this note without name himself  executor this note will go to the administrator of the executor and not to the  administrator de good non c the court be clear of this opinion and give  judgement for the defendant nisi a see Cockerill v Kynaston term Rep a
case Bicknel versus page November where a real estate be express devise for  payment of debt the personal estate be exempt but if the real be not  sufficient the personal must be apply a man in his will express devise his  real estate to trustee for the payment of all such debt as he shall owe legacy  and funeral expense then follow some pecuniary legacy and some of specific  part of the personal estate and then he give all the residue of his personal  estate to his executor Lord chancellor this case certain come under the rule  lie down in Adam v Merrick at the roll equity case abridge that where real  estate be express devise for payment of debt the personal estate be exempt but  if the real estate be not sufficient the personal estate must be apply and if  there be any residue the executor be entitle to it there be a mortgage upon  the estate so devise which be also decree to be pay off out of the money arise  by the sale thereof Reg lib a fol see gallon v Hancock post note walker v  Jackson post
case BIDOLPH against locust admiralty prohibition nisi cause be grant to the  court of admiralty for libel there for seaman wage it appear on the libel that  the service be all in the river Thames
case big against gardener to know facias on a judgement reverse on a  suggestion of payment on the first judgement error in case judgement be  reverse on a writ of error a to know facias lie on suggestion of a payment of  the money condemned by the first judgement and upon two nihils return then  restitution lie and a writ of execution though the party plaintiff in the  first action know nothing of the matter and the case of week v long in this  court be agree to have be so shower KB er p
case BIGGOT against smyth in the exchequer Chamber a estate limit to husband  and wife for life remainder to the survivor of they in fee if the husband make  a feoff the contingency be destroy and the wife entry upon his death will not  support the fee   light b roll Abr   b r lie corn Rep Mod vent fearne essay on  contingent remainder that edit l ray say this case be nice to a instant for  the right ought to be precedent to support the contingency and therefore  because the right arise to the wife eastern instant that the contingency  happen the remainder be adjudge to be destroy and the case have always be hold  for law see also Com Rep Fearne that edit upon a special verdict in the  exchequer be this case try a man seize of land in fee convey it by feoff to  the use of himself and wife and to the heir of the survivor of they the  husband afterward make a feoff of this land and die the wife enter and die the  question be whether by the wife entry the fee shall vest in her survive so as  her heir shall enjoy it croak car and it be adjudge that this feoff of the  husband have destroy this future contingent use of the fee for whatsoever can  accrue at the time of the death of the party who first die can afterward by  any act be revive but be absolute extinguish and a writ of error be bring in  the exchequer Chamber before the Lord keeper and Lord treasurer of England be  both of they lawyer and before the two chief justice hide and Richardson and  before Walter chief baron this judgement be this term affirm as the say chief  baron relate to I
case Bighton against sawle matter may he allege in arrest of a interlocutory  judgement post   a I Leon Mod salk it be agree by the court that where  judgement be give upon demurrer that after a writ of inquiry of damage be  return before a new judgement give upon it the defendant may allege any matter  in arrest of judgement but periam say this be where the damage be the  principal but in debt where the debt be the principal and he have judgement to  recover and a writ of inquiry of damage it be otherwise and Anderson say that  in Pratt and russel case where a judgement be give in the queen hench before  the Elizabeth c and the writ of inquiry of damage be return after the statute  and then the judgement be give upon it that this judgement by the opinion of  all the justice be reversable by force of that statute
case BIGNALL against deunish the same bail shall be give on removal by habeas  corpus as be give in the inferior court per curian if the defendant upon  habeas corpus remove a cause from a inferior court in which there ought to  have be special bail below he shall not thereby put the plaintiff in a worse  condition but be compel to give in bail above but as to the sum which the bail  be to justify themselves worth that may be moderate as the court see occasion  see Geo c the Geo c Tidds pract a
case BIGNOLL against rogers in debt on a certificate on will mary c the  handwriting of the judge who grant it must be prove on a certificate of  conviction a demand of payment attach it as a debt on the sheriff S c holt in  debt against the sheriff of buck for the reward give by the statute will mary  c to those that shall discover and convict clipper and coiner note here the  plaintiff have a certificate from my Lord chief justice holt who try the  malefactor of his have be convict on the plaintiff evidence which be produce  though under my lord hand yet it be prove by my lord clerk to the jury and  here holt chief justice hold the demand of this debt of the sheriff after the  certificate do attach the debt upon he and that the money be to be pay out of  the profit of the county or upon failure thereof out of the exchequer and that  in such case the action will lie against the sheriff executor because give by  Act of parliament and attach in the testator but for the penalty give by the  Act against the sheriff for default of payment that shall not affect the  executor and that if the sheriff pay the debt and die it shall be allow to his  executor
case BILFORD against fox and his wife in debt on bind against a husband and a  wife executrix the husband on the exigent shall put in a appearance attorney  and supersedeas for himself and his wife roll Abr Leon hob cro car stram debt  upon a obligation against the defendant and his wife executrix of her former  husband the baron appear upon the exigent and will have put in a supersedeas f  or himself alone without any appearance or sitpersedeas for his wife and croak  Elizabeth er p so at the first the justice think he may as Edward Henry be but  antropos the attorney say it be a practice to defeat the plaintiff of his debt  and show a precedent of Elizabeth that in the like action bring against summer  and his wife summer will have put in a supersedeas for himself only but he be  not suffer but shall he compel to put in a appearance attorney and supersedeas  for his wife also and so all the justice do now hold otherwise a exigent de to  make new shall issue out against he
case Billingham against MYNORS Trinity term Elizabeth roll in transitory  action the defendant can traverse the place lie in the declaration   light b  ante Bac ab t Rep action for word videlicet thou art a traitor speak at  Welsden in Sussex the defendant plead that he speak these word at S in  Hampshire videlicet such thing traitor do without hoe that he speak the word  at W in S and upon this it be demurrer after be argue by luckner it be hold  clear by the court that a see car c and Ann c croak Elizabeth er p the  justification be ill and the traverse upon it for the action be general and  transitory and the defendant do not justify the word in the declaration and  the plaintiff have judgement
case Bilson against hill declaration by endorsee of a note against endorsor be  good without state the default of drawer Writ of error in assumpsit bring on a  promissory note by the endorsee against the endorsor it be object that no  default of payment by the drawer upon application to he be lie in the  declaration curian there be a express promise of payment to the endorsee lie  in the declaration the other be matter of evidence only the judgement be  affirmedBut see Ruston v aspinal that in a action against the endorsor of a  bill of exchange if the plaintiff do not allege a demand and refusal by the  acceptor on the day it be Payable it be error not cure by verdict dougl see  also kid on bill a
case bind against pain and his wife a promise by a executor in consideration  of forbearance to sue he for a debt due by the testator will support a  assumpsit ante post S c   more cro Elizabeth roll ab vent Com dig Cowp  assumpsit whereas one William Havert be indebt to he in sixty pound which he  have lend to the say William and be so indebt he make the wife of Edward pain  his executrix and entreat her to pay that debt and die that she prove the will  et pretense will paedicti to be possessionata of a lease for year of such a  house and in consideration that the plaintiff shall not sue nor molest her be  executrix for this money and will give to her a quarter be day videlicet unto  Michaelmas next follow she promise to pay it c upon non assumpsit plead it be  find for the plaintiff but it be move in arrest of judgement that the action  lie not against the executrix for the debt be upon a contract and no special  promise no action lie against the executrix also it be not aver that she have  asset in her hand and there be not any cause of consideration to make that  promise and although it be allege that she be possess of that term pretense  will yet it do not thereupon follow that she have asset for she may have it in  satisfaction of debt which she have pay or be Chargeable for debt upon special  more than that come to but notwithstanding without much argument it be adjudge  for the plaintiff for the loan imply a promise and the executrix be Chargeable  therewith and this croak James er p action be ground upon her promise and be  allege that she have the term it shall be intend she have it as asset and his  forbearance of suit and her have of asset be the cause of this action  wherefore it be adjudge for the plaintiff
case bind against plain vide ante page case certainty to a common intent be  sufficient in a declaration ante post dougl error error assign in the matter  of law and for that the plaintiff do aver that between the day of Septemher  and day after Michaelmas no challenge or claim be make and do not answer to  the residue of the that day of September if claim be then make a Henry c Henry  c and vide Geo c S croak Elizabeth er p but Popham c j and all the court hold  it good for it be good to a common intent and we must not pinch so upon  instance of time and it shall not he presume that challenge be make if it be  not special allege the law presurneth all the day to he the day of the promise  and that no claim or challenge upon that day if it he not show and in any plea  or declaration it be sufficient to satisfy the common intendment it have been  adjudge that where a arbitrament be the that of April and the arbitrator award  that the party shall release all action until the make of the award in debt  upon a obligation for nonperformance of the award he plead a release of all  action until the that of April and it be adjudge a good plea for the instant  of time be not to he respect wherefore the judgement be affirm croak Elizabeth  trinity term Elizabeth in the queen hench sir John Popham Knt chief justice  sir Francis gawdy Kilt John Clench Esq Edward Fenner Esq justice sir Thomas  Egerton Knt attorneygeneral sir Edward coke Knt solicitor general
case bind against spark coleman and hunt new trial not to be unless against  all assault and battery issue join on son assault demesne two be acquit and  spark find guilty and it be certify by the judge to be against evidence and  motion for a new trial but the court say a new trial can not be grant except  against all whereupon the attorney for the defendant consent for the two  defendant who be acquit that they shall undergo a new trial and quit the cost  which they may have from the plaintiff on their acquittal and spark consent to  pay the plaintiff cost and so a new trial be grant against all a
case bind against TRICKET Trinity term Elizabeth roll the plause in Henry c S  of the yearly value of eight pound mean the real value and not the rate in the  king book SC Noy Leon march a misrecital of the place at which a statute pass  vitiate a indictment ante Plowd cro car cro James hob hawk Cowp dougl term Rep  replevin upon demurrer the case be that a parson have a henefice of the value  of per annum take a second henefice without any dispensation and the queen  present by lapse and all this be disclose by plead the principal question be  it be aver that it be of the annual value of and not aver that it be of such  value in the queen book whether that be sufficient?Popham gawdy and Clench  hold that it be sufficient to aver it to he of the annual value of which shall  he take to he accord to the true value thereof although it be say that there  have be two taxation of henefices the one in the time of Edward the first the  other in Henry where the ten and firstfruits be give to the king and accord to  this taxation the value shall he adjudge but the court say they take not any  conusance thereof but regard only the true value vide Elizabeth dyer second it  be move that the Henry c be misrecited for it be recite to he make at  Westminster whereas it wag begin in London and so it ought to have be plead  unless there have be diverse session wherein bill have be sign as Henry brook  parliament the court say that as to that they will advice and see the roll  whether it be so et therefore adjournatur
case bind against turner proceed on a to know facias against bail shall be  stay if there be only four day between the testae and return of cognizant fa  against the principal judgement be obtain by the testator who die and his  executor sue out a to know facias against the defendant and have judgement  therein and then be sue out a capias ad to give satisfaction against he and  upon non be invention return he sue out a to know facias against the bail and  upon a motion make to stay the proceed against they as be irregular because  there be but four day between the testae and the return of the to know facias  against the principal that motion be grant and then the plaintiff move to  quash all the proceed for his own expedition which be likewise grant upon  payment of cost
case birch against Bellamy a term can now be assign without deed but need not  be say so in plead but to come in evidence per curium a tenant for year now  can assign over his term without write but the assignment may be plead without  say it be by deed a if a thing may have be do at commonlaw without write and a  Act of parliament come and say it shall not be good without write that shall  not alter the manner of plead but the plead shall continue as before and its  be in write shall come in evidence but if a thing be make good original by Act  of parliament there you must plead all the circumstance of the Act as upon the  statute of Henry c of will modern report you must set out that the will be in  write and so plead it
case birch against wood stipend can be claim by prescription by body politic  or corporate only S c salk a vicar libel in the spiritual court for a stipend  of four pound ayear claim it by prescription and a prohibition be move for  upon a suggestion that none can claim a stipend by prescription but a  corporation or body politic and so say holt chief justice and that a sheriff  though removable at the will of the king may claim a fee as incident to his  office but against the prohibition be cite Litt Rep and
case bird versus Owen at the chancellor house Lord chancellor a defendant by  order may examine the prochein any but not one of the plaintiff the defendant  on a petition to the master of the roll obtain a order to examine one of the  plaintiff and the prochein any save just exception and a motion be make to  discharge this order Lord chancellor the order must be discharge as to the  plaintiff but not as to the prochein any for there be the same reason why a  defendant may examine a prochein any as a codefendant because otherwise the  plaintiff by make a material witness defendant or prochein any may rob the  other defendant of the benefit of his testimony and if he be examine to any  point he be concern in interest he may demurrer and though he be interest in  the cost this be no reason why he shall not be examine for the defendant but  why he shall not be examine for the plaintiff
case Birrell against shaw plea to a to know facias against bail that the  principal have pay must state the place where ante keb term Rep to know facias  against the bail the defendant plead that before the return of the writ of to  know facias there be a capias ad to give satisfaction against the principal by  virtue whereof he be take and pay the money but allege no place where the  payment be Twisden justice you can make good this fault
case birth against MAYPOWDER a attachment or contempt be not abate by the  demise of the king SC vern on a special report come to be hear before my Lord  chancellor it be hold by b and car c c James c d but see the statute and Ann c  and the Geo c e ante Mod comb f side a the custom be that if a freeman die the  surplus of his personal estate after his debt and funeral be pay shall be  distribute one three to his wife another three to his child and the other  three part he may dispose of by will if he have no child one moiety to his  wife and if no wife one moiety to his child and the other moiety at his own  disposal vern salk atk stram ld ray but now by Geo c S every freeman of London  may give devise will and dispose of his personal estate to such person and to  such use as he shall think fit but he may agree by write under his hand that  his personal estate shall be subject to the custom and if he die intestate the  personal estate of such freeman so make such agreement or so die intestate  shall be distribute accord to the custom shower KB er p he that a attachment  issue in the late king time for not answer and execute in this king time be  regular be as a civil process for not answer yet quaere for I be of counsel  for the defendant be doubtful thereof it be a process of contempt a
case BISCOP against white Michaelmas term pound Elizabeth roll a sheriff may  enter the house of a stranger if the door be open to execute a be made fa de  good testator if his good be there ante post Lut   cro James foster see the  case of lee v gansell Cowper where it be determine that a bailiff in execution  of mesne process may break open the door of a lodger have first gain peaceable  entrance at the outer door of the house trespass for break his house the  defendant justify his entry into the house by virtue of a warrant of the  sheriff upon a become facias award to levy such a debt de good el catallis  quce to be Philip Biscop testator tempore death in shades of dead Lucretice  Biscop his executrix and say that the executrix be in the plaintiff house cum  good nest and there abide and for that the door of the house stand open he  enter to levy that debt c it be thereupon demurrer and adjudge to he a ill bar  because he do not allege that good testator be in the house but good not  common with others executor which be not liable to execution but if good  testator have be there it be conceive that the entry have be justifiable  wherefore it be adjudge for the plaintiff
case bishop against eagle the difference where you proceed in prohibition for  damage and when to maintain the jurisdiction of the commonlaw court S c ante S  c Mod the plaintiff declare upon a prohibition and upon demurrer to the  declaration Salkeld take exception to it because the declaration set forth  that the defendant sue in the spiritual court post regian prohibition ei prius  ind in opposite direction direct but do not say deliberate and here appear no  cause of action since it be not set forth that the prohibition be deliver  modern report er p this matter be move last term and this term the court be of  opinion holt chief justice be absent that when you proceed for damage then it  must be set forth that the prohibition be deliver and also a venue lie but  that in this case which be only to maintain the jurisdiction of this court it  be not necessary
case bishop against grant Hilary term pound Elizabeth roll rend seek be well  demand on the land though make Payable at another place cro car Bac Abr thou  gl the effect of the relative prcedietus when it do not refer to any certain  antecedent ante error of a judament in a assize of a rend seek in ken where  the plaintiff make his title that dhe ent be grant to he pay yearly at the  four feast videlicet Christmas annunciation saint John the baptist and  Michaelmas and at another place out of the land and show that the rend be  arrear for four year at the annunciation last pass for which the plaintiff in  tomorrow prcedict holiday purification heatce marice demand the say arrearage  first error that the rend be demand upon the land and not at the place where  it be Payable say non allocatur for it be well demand upon the land and it be  not like to a rend reserve upon a lease with a clause of reentry second error  that it be demand after the feast say non allocatur that no Feast of the  purification be mention before so it appear not that the demand be after the  rend be due or before foster move that this word purification shall be void  and surplusage and then prcedictum holiday shall refer to the feast last  mention gawdy although the word purification he void yet prCedict Jestum can  refer to the last feast for there be diverse feast mention so it can be refer  to any one certain but the word purification can he no more void than the word  llpr dict shall he void and the other to stand comment and for this cause the  judgement be reverse but if it have been et postea after the say Feast of the  purification c it have been good for all after the word postea shall he void  and for this cause the judgement be reverse
case bishop against HARECOURT Trinity term Elizabeth roll the essoin day be  strict the first day of the term but Trinity heinor a movable term the court  will not ex duty take notice of iits commencement or conclusion post   a cro  car cro James roll Abr side I Leon Mod term Rep assumpsit and declare that in  consideration of c the defendant do assume ad deliherandum quandan indenturam  ante that which divides termini Sanctre the number three lum poxim sequent and  the promise be June the plaintiff allege that Trinity term to take hold die  June et to limit die June and that he have not deliver c upon non assumpsit it  be find for the plaintiff and it be move in arrest of judgement that the court  ex oh disturb be to take notice of the beginning of the term and that be the  essoin day which be June and then the indenture be not to he deliver till  Trinity term be a twelvemonth of that opinion be Anderson for the essoin day  be the first day of the term and so take in all plead and return the three  other justice contra for the plaintiff have express allege that the term hegan  the June and the defendant have not deny it and the court ex duty be not to  search the roll of the court c but admit they ought so to do and although in  law the essoin day be the first day of the term and writ may he return then  yet iris i common speech that be the first day when the court sit and Anderson  against his own opinion give judgement for the plaintiff a vide Bl Com content  b dougl ante croak Elizabeth er p croak Elizabeth hilary term Elizabeth in the  queen bench sir Christopher Wray Knt chief justice sir Francis gawdy Knt John  Clencb Esq Edward Fenner Esq justice sir John Popham Knt attorneygeneral sir  Thomas Egerton knit solicitor general
case bishop against morgan a bind be good although the surname of the obligee  be omit debt upon a bind and upon oyer the defendant demurrer and show for  cause that the bind be void be noverint whole world c I I S tender et really  to bind up Richardo de woodstreet solvend eiden Richardo bishop but the court  hold the bind good and give judgement for the plaintiff a Langdon v Goole lev  Lambert v Branthwaite stram a
case bishop OF durham against ladler debt upon a bind give to a bishop for  submission c debt upon a bind condition for the obligor submission to the  church the bind be give in the year and there be a general Act of pardon since  that time the question be whether since that Act take away the offence and  excommunication it will not likewise discharge the bind and the case of the  bishop of Exeter v sterling in my Lord hale time now in Levinzs report lev a  be remember and say that there never be any judgement upon the roll it go over  to be speak to this term
case bishop vers burton all in scacc a will shall not be read on proof of a  witness be hand unless there be positive proof that he be dead Eq Abr pl SC p  wms this be a bill for a account of the personal estate and if that be not  sufficient of the real estate devise by Marriot pet to William Jessup and  William finch for a term of year for the payment of his debt and set forth  that Marriot pet by will date the that of October devise ut above on trust for  the payment of his debt and afterward to raise apiece to his daughter  Elizabeth and jane and die in that the executor refuse to act his son William  pet take administration with the will annex that the defendant Burton and  species of fish enter on these house by virtue of a outlawry against William  pet the son which be now avoid by his death and judgement for a to move away  shades of dead and therefore pray a account of the profit from William pet  general from Burton and species of fish since the recall of the outlawry but  when the plaintiff be put to prove the will the proof be of the hand of  Marriot pet the devisor and of Gilbert lean on and James Sawhill two of the  subscribe witness who be prove to be dead and as to I Barrington the three  subscribe witness the witness depose that he be credible inform in the country  where he live and believe it to be true that he die two year before and  believe his name subscribe be his proper handwriting but the court be of  opinion that that be not sufficient proof to have the will read in evidence  comens er p comens de term sanct hill geo two
case bisse against Harcourt Hilary term will and mary roll if to a attainder  of treason plead in abatement the plaintiff reply a pardon and conclude with a  demand of damage it be a discontinuance SC Mod SC salk SC Carth SC ld ray  Indebitatus assumpsit for four hundred pound have and receive to the plaintiff  use against Simon Harcourt we plead that he be attaint of treason and so  conclude in abatement if we shall be compel to answer he the plaintiff reply a  pardon before the action or cause of action accrue videlicet ante time  destroying adoption we demurrer and pray judgement if we shall be compel to  answer they join in demurrer as if it be a bar pray judgement et financial  loss hold per curian to be a discontinuance shower KB er p
case bisse against Harcourt Hilary term will mary roll a replication confess  and avoid the fact in the plea ought not to conclude with a demand of damage S  c salk S c show S c Carth S c ld ray raze Ent   Ent show Com dig Bac Abr Lucas  ld ray ld ray lev Lutw Mod Mod Mod Cowp dougl term Rep the plaintiff bring a  action for four hundred pound for so much money bad and receive of he by the  defendant the defendant plead a attainder of high treason in abatement and  therefore ought not to answer the declaration the plain modern er p tiff reply  that after he be attaint and before this action bring he be pardon and  conclude thus unde petit judgment et financial loss svan the defendant  demurrer and for cause show that the replication be not well conclude for  financial loss svan ought to be leave out and of that opinion be the court and  therefore a rule be make that he may discontinue this action without cost
case Blaby against EASTWIGG and EASTWIGG the death of the defendant can be  plead in abatement or allege in arrest of judgement after verdict I roll Abr  cro car cro James Leor say vide cro car side Com dig will action on the case  after verdict it be allege in arrest of judgement that one of the defendant be  dead after the day of nisi prius and because the partv have not day toplead it  and the court be not to take cognizance of such information they regard it not  but give judgement for the plaintiff
case black against stanley word actionable action for word thou art a coiner  of false moan and I have money to show which thou coinedst after verdict it be  move that the word be not actionable for he do not say that he coin money  current in England otherwise it be not croak Elizabeth er p treason but  misprision say non allocatur and adjudge for the plaintiff send away Popham  and gawdy
case black versus johnson Eq Abr c c c c S c one be in a undue manner draw in  to execute a conveyance of his estate after make his will and thereby devise  all his land to be sell for payment of his debt his creditor may set aside the  conveyance have a right in nature of a equity of redemption as the testator  himself have though urge that it be but in nature of a choose in action and  not assignable some deed have be undue obtain from the Lord Lovelace some few  month before his death which he be sensible of make his will and devise all  his estate in the first place for payment of his debt and the surplus to other  person precedent in chancery the creditor bring this bill to be relieve  against these deed and to have the land subject to the payment of their debt  it be object that if these deed have be undue obtain which be deny yet this  devise be but in the nature of a right of action which be not assignable and  therefore the creditor can have no benefit of it but it be hold by my Lord  keeper and the master of the roll that this be but in nature of a equity of  redemption which may be assign as he himself may have come here to be relieve  against these deed so may his devisees
case Blackborough and his wife against grave and other Hilary term car roll if  one tenant in common sue alone he shall only recover his moiety and the  defendant may plead cotenancy in abatement S C keb S C Carth   light show l  Mod ld raym strange S p Heaseman v more in b r mich term Geo upon a case move  hale chief justice say that if a tenant in common bring a personal action  without his fellow join in the suit the defendant ought to take advantage of  it in abatement but if he plead not guilty it shall be good but then the  plaintiff shall recover damage only for a moiety so if a tenant in common seal  a lease of ejectment he shall recover but a moiety
case BLACKBOROW vers davies in b r vide above p it be now urge that the  grandmother be in equal degree with the aunt and so think the court for the  mother be near of blood than the brother and therefore the statute of James c  James c S a be make to give distribution to the brother with the mother and by  consequence the grandmother comens be in equal degree with the aunt there be  much obscurity here and I apprehend from the other report of the same case we  shall read and by consequence the grandmother be near in degree than the aunt  for if she be only equal in degree the aunt will have be entitle to her  distributive share which be deny upon the ground of her be more remote salk  Mod Prec Ch ves the descent to a uncle be not immediate but mediate and the  plead of such a descent ought to show how he be heir and the mandamus be deny  by the whole court comens er p
case blackbourn against consent in replevin the place where shall be intend  where the land lie in replevin the avowant plead a execution take out and that  a term for year be extend and ail assignment thereof make by the sheriff but  allege no place where the assignment be make but upon demurrer it be hold good  for it shall be intend to be assign where the land do lie
case blackbourn against MICHAELBOURN Michaelmas term Elizabeth roll a bind  take by a sheriff pursuant to the Henry c be good although the surety have not  sufficient within the county ante post Noy Bac Abr I pale yellow ex debt upon  a obligation of make to the plaintiff as sheriff of Norwich the defendant  plead that Henry c and that by virtue of a latitat at the suit of I S he be  arrest and this bind be make to the plaintiff for the appearance accord to the  writ by the defendant and one may the defendant nor may have any thing within  the county nor be inhabitant within the county and so the bind void wherefore  c it be thereupon dernarred and now argue for the defendant that this bind be  not accord to the form of the statute and therefore void for it ought to be of  person have sufficient within the county for that it be as well for the  benefit of the party plaintiff as of the sheriff for otherwise the plaintiff  shall never have any appearance and of that opinion be Montague in dive v  Hanning a but all the court hold the bind to be good enough notwithstanding  this exception for the statute do not make void any bind but what be make in  other manner in oppression to the people which the statute appoint shall he  void and the word in other manner and form be to he intend of the matter of  the bind as to the sheriff and not for the sufficiency of the surety and  therefore if he take bind with one surety it be good enough and not against  the statute and to that purpose the precedent of sir gervase Clifton case b be  show which the court hold to he all one with this case for there one of the  surety be insufficient and here both wherefore rule be give to have judgement  enter for the plaintiff Sedpostea adjournatur until the next term and  afterward adjudge accord see cotton v wall post
case blackburn against grave refer to in re Rudson Ch in copyhold the  admittance of a particular tenant be a admittance of all the remaindermen for  every purpose except the lord fine S C post S C keb S C come S C lev S C Danv  ante   Leon Leon and roll Abr vent side Mod fitzg Peer wms Peer wms ld ray  vern stram Bac Abr burr pale yellow tenor term Rep trover for one hundred load  of wood on a special verdict the case be a copyholder surrender to the use of  several person for year successive the remainder in fee to I S wile justice a  admittance of a particular tenant be a admittance of all the remainder to all  purpose but only the lord fine and if the custom be that the fine pay by the  first tenant shall go to all the remainder then the admittance of the first  man be to all intent and purpose a admittance of all that come after in this  case the possession of the lessee for year be the possession of the  remainderman modern er p in the case of baker v dereham a coke copyholder a  there be a surrender to the use of a man and his heir of copyhold land that  descend accord to the custom of boroughEnglish the surrendee die before  admittance and the opinion of the court be that the right will descend to the  young accord to the custom
case blackburn against lassel a ejectment do not lie by any one after his  interest be determine Noy roll Rep burr run eject burr Bac Abr in notorious  facts a contingent use may arise by a covenant to stand seize as well as by a  feoff dougl ejection firmce upon a special verdict the case be John Molineux  covenant to stand see Edward oh f S chland to the use of himself for life and  after to the use of his b by Geo saint c land give to superstitious use be  vest in the king for the benefit of the public a ante croak Elizabeth er p  daughter who shall he unmarried at the time of his death until every one of  they UccessW shall or may have levy remainder to his old son for life with  diverse remainder over it be find that he have four daughter unmarried at the  time of his death and that the land be worth l per annum and that the father  die in Elizabeth and that the old son enter immediate and disturb the daughter  of enter and that the old daughter do not enter until Elizabeth who then enter  and make the lease to the plaintiff whether her entry and lease be lawful or  whether she have not surcease her time be the question and all the court hold  that she have overpass her time and can not enter for then she shall prejudice  her other sister so as they never shall levy their portion but they hold that  she have remed that for her portion against the old son who have receive the  profit in disturbance of her croak Elizabeth William move whether such a  contingent use may he raise out of a covenant although out of a estate execute  by feoffmment it may well he raise Anderson doubt thereof but the other  justice hold that it well may he raise because it arise out of the possession  of the covenantor el adjournatur croak Elizabeth hilary term Elizabeth in the  queen bench sir John Popham Knt chief justice sir Edward Fenner Knt sir  Francis gawdy Knt sir John Clench Knt justice sir Edward coke Knt  attorneygeneral sir Thomas Fleming Knt solicitor general
case Blackett against finny a modus Payable on or about such a day be not good  for the day must be certain S c bunb upon a bill exhibit to establish a modus  the plaintiff set forth that this modus be Payable on or about the twentyfifth  day of April c which be a void model because it must be Payable on a certain  day as be late resolve in the case of Harrison and clarke beside it be lie  disjunctively in the bill videlicet that the parishioner of c constant pay or  ought to pay so much when it shall be constant pay and ought to pay c then as  to the modus for sheep it be lie that the parishioner usual pay fourpence for  every score and so pro rata but do not show what they shall have pay for a  less number in case there be not so many as a score the defendant put in his  answer and among other thing admit that the modus as set forth in the bill be  Payable on or about the twentyfifth day of April c but the plaintiff perceive  the fault in his bill as beforementioned move for leave to amend and cite the  case of Reynolds v Roger where the plaintiff suggest a modus but do not lie it  Payable on any certain day neither do the defendant in his answer confess any  day of payment so that no certain day of payment appear either in the bill or  answer the defendant who be plaintiff in a crossbill have modern report lie it  to be Payable on a certain day it be hold good the court this be a case where  a amendment of these thing will not alter the nature of the proof and the day  be admit by the defendant in his answer it be reasonable that on payment of  cost the plaintiff shall amend especial since his right appear on the plead  therefore it will be too rigorous not to give he leave to amend for in such  case the decree must be find on his bill and if his bill will not support it  though a day be confess in the defendant answer he can have no good decree
case blacklock vers mariner where the name of the defendant be make use of in  the declaration by mistake instead of the plaintiff it shall be help after a  verdict above p and the case there cite infra p this be a action of trespass  for a assault and battery on the saint of April the declaration charge another  battery on the d of April and a three battery by the defendant on the d of  April the first count be for a battery by the defendant on John blacklock the  second and three count be for a battery by the defendant on the say Samuel  which be the name of the defendant instead of the plaintiff who name be John  and a verdict be give for the plaintiff and entire damage sergeant Eyre move  in arrest of judgement because in this case the plaintiff recover damage for  the damage which the defendant receive by the battery on himself sergeant  chapel this be a mere mistake in the clerk and aid by the statute and car c  which help all mistake of the Christian and surname of the party who be once  right name before in the same record and here John blacklock be name right in  the first count and then when the subsequent count say that the say defendant  do assault and beat the say Samuel blacklock there be no such person name  before it appear evident that it be a mere mistake and may be compare to the  case where the plaintiff declare that the defendant be indebt to the plaintiff  comens the say plaintiff do promise to pay to the defendant or vice line which  have be always help after verdict Mod resolve in the king bench between above  p a Staveley and palmer W and of that opinion be the court and judgement be  give for the plaintiff
case Blackmore against TIDDERLY Trinity term whether roll to a action of  assault and battery a plea of not guilty within six year be bad on a general  demurrer for the James c limit such action to four year SC salk SC Mod SC ld  ray trespass assault and battery the defendant plead not guilty infra sex aged  the plaintiff demurrer to plea as be argumentative for the statute James c  limit this action to four year and not to six year it be indeed a argument  that if it be not within six it can not a strong be within four year but plead  ought to be direct and not illative but per curian you may well have join  issue with they upon this plea for if they have take a large compass than they  need it be for your advantage upon this issue you may have give battery after  four year and within the six year in evidence and it will have maintain your  issue and you can have judgement thereupon it be find for the plaintiff  without the help of the statute of Jeofails so if the plea have not be guilty  within a week or a year and verdict for the plaintiff he shall have judgement  for guilty or not guilty be the substance but in the Hilary term follow the  whole court be of a contrary opinion
case BLACKWAY against betton a administrator nonsuit in trover on a conversion  in his own time shall pay cost administrator bring a action of trover for a  conversion in his own time and be nonsuit the defendant shall have cost rule  so by the whole court and so adjudge in the case of akey v hear cro car and  Worfield v Worfield latch a c see king v Wheatley burn SC black Rep a cro  James b Yelv c side d Trinity term car in the king bench roll a but see  peacock case Jones bull v palmer lev the case of mason v Jackson lev contra  and in the case of Cockerill v Kingston term Rep shower KB er p
case BLACKWELS case a sum it may be in the spiritual court after tithe be  sever if they be subtract by the owner ante Com dig prohibition the case be  that a parishioner sever the tithe from the nine part but be in a close the  gate be look so as the parson can not come at they and he sue in the spiritual  court and there the question be whether the gate be lock or open and thereupon  a prohibition be bring suppose this to have be a temporal matter for the tithe  be sever be lie chattel but the court say that although the tithe he sever yet  by the statute they remain suable in the spiritual court and then the other be  but a consequent thereof and therefore be there triable and if they refuse to  allow his proof as it be surmise but not within the prohibition it be say that  he ought to appeal
case blague against gold a devise of a house call the cornerhouse in the  tenure of a and b be a sufficient description to pass the house although it be  in the tenure of a only ante S C Jones roll ab cro Elizabeth Mod salk vezey  Powel on devise Cowper dougl term Rep trespass upon a special verdict it be  find that Peter blague be seize in fee of two house in Andover the one call  the cornerhouse in the tenure of one binson and not and of another house  thereto near adjoin in the tenure of Hitchcock he devise his house call the  cornerhouse in Andover in the tenure of binson and Hitchcock to I S in fee the  question be whether the house in the tenure of Hitchcock adjoin to the  cornerhouse shall pass or no and it be resolve that it shall not but only the  cornerhouse in the occupation of binson and not if they occupy joint croak car  shall pass but if they occupy several videlicet one part in the tenure of  binson and the other part in the tenure of not several then only that in the  tenure of binson shall pass and not the residue in the tenure of not wherefore  rule be give unless other cause be show to the contrary that judgement shall  be for the plaintiff a a in the abridgment of this case I roll Abr it be not  state that the mortgage be forfeit see also post b it be move again and  adjudge for the plaintiff see post a this case be move again in Trinity term  car and judgement give for the plaintiff post croak car er p
case blague against gold Hilary term car roll ante page if a man have a corner  house in the tenure of a and another house adjoin it in the possession of b  and he devise his corner house in the possession of a and b the corner house  only shall pass ante roll ab cro James   aob Jones Powell on Dev Cowp dougl to  Rep this case be now argue again by Robert hide for the plaintiff and by  Charles Jones for the defendant and the case be cite as before but only this  clause add which be in the will videlicet upon condition that the same be new  build accord to the covenant betwixt I and Bernard Calvert and it be find that  this house be the house in question and be at the time of the will make in the  tenure b see and Ann c and Geo c by which both the necessity and efficacy of  attornments have be almost total take away croak car er p of Hitchcock and  that the corner house be in the tenure of Wilson and not and that the covenant  with Bernard Calvert be for the reedify of the say corner house et si super  totan c and this be now argue Jones Berkley and myself absent Brampston  deliver our opinion seriatim that the corner house only pass by the will and  not the house adjoin in the tenure of Hitchcock for although the corner house  be not in the tenure of Hitchcock but a misprision yet the devise be good for  it be sufficient ascertain before videlicet the corner house in Andover and  the addition in tenure Hitchcock although it be not id his tenure and be a  mistake yet it be but surplusage and although false shall not vitiate the  devise because the devise be of a thing certain at the first and shall be  expound accord as the intent of the party be apparent and it be the strong  here by reason of the covenant to reedify the corner house and not the other b  wherefore it be adjudge for the plaintiff
case blanch against gabard non devastavit ad valour ill on a special issue  after verdict it be hold nought for the defendant to say non devastavit ad  valour as the plaintiff have allege because he do not say nec aliquan ind  parcel for if part be waste the plaintiff shall recover so much as well as on  a plene to manage if asset be find to part of the debt
case blanchard against dyer one tenant in common can bring debt for his  portion of the rend debt for rend bring by the plaintiff be a tenant in common  with I S of the land demise for a moiety of the rend and hold that it do not  lie accord to Littleton text sect because it be in the personalty so hold by  the whole court upon debate on motion in arrest of judgement
case Blandford against andrews on a bind condition to procure a marriage if  the obligee do any act to frustrate the performance the obligor be not liable  but he must show that he endeavour to procure it ante Henry     light godb ld  ray wood con dougl debt on a obligation of eighty pound condition that if the  defendant procure a marriage a to he have hetween the plaintiff and one  Bridget palmer at or before the Feast of saint Bartholomew then next follow  that their c the defendant plead that the plaintiff before that feast game to  the say Bridget palmer and call her whore and her that if he marry her he will  tie her to a post and use other opprobrious word unto her by reason whereof  the defendant can not procure the say marriage before the say feast whereupon  the plaintiff demurrer William Serjeaq move that this be not any plea for he  have not show that he use his endeavour to procure the marriage for it may be  that notwithstanding these word they will have intermarry and of that opinion  be all the dourt for the defendant ought to show that there be not any default  in he and that he do as much as in he lie to procure it otherwise he do not  save his obligation and these word speak before the day at one time only be  not such a impediment but that the marriage may have take effect wherefore it  be adjudge for the plaintiff
case blank against Newcomb the spiritual court can make a rate but may  excommunicate for not make one S c holt a libel be in the spiritual court for  not pay a parishrate for repair of the church and it be suggest for a  prohibition that all parishrates be to be by a majority of the parishioner and  that every rate after it be collect become void and that this be not by a  majority c and that the suit be to pay this in pursuance of a old rate collect  many year before as to the first it be urge its not be by majority of the  parishioner be a matter only proper for a appeal and so be the inequality of  the rate Bulst as to the second that this present rate have indeed reference  to a former one which have be collect but that be not to give any force or  efficacy to the former but modern report only by way of direction of the  latter accord to sir bob lee case holt chief justice the right course be for  the spiritual court to give sufficient notice to the parish to meet and make a  rate for the reparation of the church which if they do not do they may be  excommunicate but the ecclesiastical court can make a rate or appoint  commissioner to do it and here the suggestion recite a ancient rate which they  say be to be a stand order for all time to come and that they have confirm  that rate and that the libel be for want of a new payment accord to it vide  Noy in point for a prohibition in this case and all that the spiritual court  can do be to make a order that the church be repair but not to assess a  quantum and though in the spiritual court one omit in the libel that which do  against he as here that the rate be make by commissioner of the ecclesiastical  court yet they of the other side may suggest it and here a prohibition be  grant
case BLINCO against Marston a vicar endow of glebe and small tithe shall not  pay tithe of his glebe to the parson post roll Abr more Sav   a Bl Com Bac Abr  wood Inst prohibition and surriaiseth that he be parson and the defendant be  vicar of the same church and sue he in court Christian for tithe upon a  endowment that the vicar shall have the tithe of all the land within the  parish and allege that he plead there that he be parson imparsonee there and  that the land whereof tithe be demand be parcel of his glebe and that they of  the spiritual court will not there allow of this plea be d it be hold clear  that a prohibition lie upon this surmise for church Decimus to loosen ecclesix  non dehet Tanfield say that here late this matter be in question betwixt young  and the parson of Boxley in the county of wilts and adjudge that no tithe  shall he pay of glebeland but Popham say if the vicar he endow to have all the  small tithe within the parish and the parson make a lease of his glebeland the  lessee shall have the small tithe arise therefrom to the vicar and the gross  tithe thereof to the lessor which be agree per curian a adjudge for the  defendant that the action do not lie post croak Elizabeth er p
case blithe against hill to debt on bind the defendant can plead another bind  give in satisfaction but if the plaintiff take issue and it be find against he  the defendant shall have judgement S C post S C Mod S C Danv   cro Elizabeth  cro car cro James hob keb lev Litt Rep Brownl Cowp debt upon a obligation for  the payment of money at a day certain the defendant plead that the plaintiff  be desirous to have the money pay before the day take another bind for the  same sum Payable soon and that this be in full satisfaction of the former bind  upon this plea the plaintiff take issue and it be find against he Maynard  sergeant move that notwithstanding this verdict judgement ought to be give for  the plaintiff for that the defendant by his plea have confess the action and  to say that another bind be give in satisfaction be nothing to the purpose hob  so that upon the whole it appear that the plaintiff have the right and he  ought to have judgement cro James   a the court give a rule to show cause why  the plaintiff shall not have judgement
case blithe against topham a action will not lie for dig a pit in a common by  mean of which a stray mare tumble in and perish roll ab   light a a b action  on the case for that he dig a pit in such a common by occasion whereof his  mare be stray there fall into the say pit and perish the defendant plead not  guilty and it be find for he croak throw the plaintiff to save cost now move  in arrest of judgement upon the verdict that the declaration be not good for  when the mare be stray and he show not any right why his mare shall be in the  say common the dig of the pit be lawful as against he and although his mare  fall therein he have not any remedy for it be damnum without in an unjust  manner wherefore a action lie not by he the whole court be of that opinion it  be therefore adjudge upon the declaration that the bill shall abate and not  upon the verdict a
case BLIZARD against barn Hilary term car roll where other wrong be join to a  action for word the plaintiff shall have full cost though the damage be find  under S ante salk Carth strange andr Com dig action for that falsely et  wickedly he speak of he these word that the plaintiff commit felony and  procure he to be arrest for felony and to be imprison for three day croak car  the defendant plead not guilty and find against he general and damage to  twenty shilling a blow Edward croak car er p it be move that be may have no  more cost than damage the damage be under forty shilling upon the statute of  James c but because there be a precedent show in the case of Edward v Topfall  a where in a action for word and for false and malicious procure he to be  indict of felony and upon not guilty plead it be find against he and damage  tax but at forty shilling yet because the action be not for word only but for  other wrong whereof be be find guilty he have full cost award he it be resolve  here to be out of the statute
case block against PAGRAVE and PAGRAVE Hilary term Elizabeth roll devise to a  wife until his daughter attain fall age and then to the wife and daughter for  their life they hold in jointtenancy   light b a Com dig Cowp to Rep dower  upon a special verdict the case be that one devise his land to mary Pagrave  his wife until faith his daughter shall come to the age of twentyone year and  then to mary Pagrave and faith for their life and the say faith the daughter  have not yet attain her age of twentyone year and in dower against mary  Pagrave and faith they plead that they be not tenant of the freehold modus  forind prout c and whether upon the matte Mary and faith he jointtenants or  tenant in a see Mr cruise essay on fine d edit p l to upon this subject croak  Elizabeth er p defendant be chopped up essed the action croak Elizabeth  michaelmas term and Eli z in the exchequer sir Roger manwood chief baron  Edward Flowerdew Thomas gentleman Matthew Ewens baron
case block against palgrave Hilary term Elizabeth roll a submission so as the  award he deliver to either of the party mean both ante post   a more Bac Abr  debt on bind condition for the performance of the award of one doctor Talbot  so as the same award he in write deliver to either of the party before a say  vide contra that this remainder will now be good as a executory devise Rep  dyer skin peer wms Bl Com term Rep Rep Freem peer wms Fearne   light in polis  Prec Ch croak Elizabeth er p Michaelmas the defendant plead no one fecit  arbitration the plaintiff show a award and that it be deliver unto he and do  not allege that it be deliver to the defendant also for this cause tlfe  defendant demurrer and after argument it be adjudge that this delivery ought  to have be to both for so be the sense of this word either in this place  because the intent of the condition be that every of they may have conusance  thereof wherefore it be adjudge for the defendant
case Blofield against Grimes Qucere if a release to the bail in a to know  facias will discharge the principal Scirefacias upon a judgement in debt the  defendant plead in bar that the plaintiff upon that judgement have at another  time bring a to know facias against the bail and that afterward he release to  the say bail all action and demand c it be thereupon demurrer and whether this  release to the bail shall he a discharge to the principal Qucere because  curian advisare vult
case BLOFIELDS case the escape of one defendant will not prevent another from  be take in execution post Henry pl   b more cro car two be condemned in debt  one of they be take by a capias ad to give satisfaction and afterward suffer  by the sheriff voluntary to go at large then the other be take in execution  and croak Elizabeth will upon this man to have maintain a hearing complaint  because now the one be discharge not by his own wrong but by the sheriff act  of who the party be put to have his remedy but gawdy and Fenner hold that this  be not any cause to discharge he Popham and Clench send away
case blomfield against ROSWICK Michaelmas term pound Elizabeth roll if one of  two defendant escape the plaintiff may afterward sue execution against the  other though he have a remedy against the sheriff ante post SC   more side  more cro car cro James hob Leon hearing complaint for that he and one may be  bind to the defendant in a obligation and he recover against they in debt and  have may in execution that may be discharge by the sheriff out of execution  and that afterward by another capias he take blomfield in execution whereupon  blomfield bring this hearing complaint to he discharge it be hereupon demurrer  after argument by Godfrey for the plaintiff and by Richardson for the  defendant it be hold by Popham Clench and Fenner absent gawdy that this be not  any cause to discharge the execution for if one he in execution and escape de  son tort demesne it have be adjudge in a hearing complaint to he no cause of  discharge himself no more shall it he for his companion it have be also  adjudge in this court in simpson v Boylon that if he escape by the sheriff  permission and he retake yet it be a good execution for the party if he will  and it shall not conclude the party to enforce he to take his remedy against  the sheriff a much strong where two be in execution the escape of the one  shall not give his companion any advantage and make the plaintiff to lose his  croak Elizabeth er p execution and be put to his remedy against the sheriff  who peradventure be nothing worth wherefore it be adjudge for the defendant a
case BLOXTON versus DREWIT refer to hood v Pim sim one have order to prove a  deed viva voice at the hear not allow to prove the witness hand they be dead  but have leave to examine in the office to prove the deed though publication  be pass the plaintiff have a order to prove a deed viva voice at the hear it  happen that all the witness to the deed be dead and the plaintiff produce a  witness at the hear to prove their hand and this he can not be admit to do but  the master of the precedent in chancery er p roll put off the cause and give  liberty to examine in the office to prove the deed notwithstanding publication  pass
case blunden against wood if issue be join on a plea that a deed be deliver to  the party himself as a escrow the fault can be assign for error after verdict  post roll Abr   light a   dyer cro Elizabeth   cro car Com dig error of a  judgement in the common plea in debt upon a obligation the defendant plead  that he deliver it to the plaintiff as a escrow to be his deed upon a  condition to be perform which be not perform and so not his deed the plaintiff  reply that it be deliver absolute as his deed and not as a escrow nor upon any  condition and thereupon they be at issue and find for the plaintiff and  judgement give upon the verdict and error thereof bring and assign upon the  body of the record for it be surmise that it be not any plea nor issue and so  the judgement croak throw ought to have be upon the confession and not upon  the verdict and therefore erroneous William say that the plea be not good to  say that the obligation be deliver to the party himself as a escrow a but yet  be plead and admit for good and issue be join and find false the verdict be  good enough and the judgement well give as where payment be plead in debt upon  a bill without acquittance it be admit and try against he who plead it the  trial be good and judgement shall be thereupon and of that opinion be the  whole court wherefore the judgement be affirm but nothing be speak by the  other justice whether the plea be good or not a   light a cro Elizabeth   more  Noy hob style Mod say vide more contra croak James er p
case BLUNDENS case in debt for a annuity Payable at the annunciation or within  twenty day after the writ be bring the that April and hold have for no cause  of action have then arise ante more cro James Mod comb Mod term Rep debt upon  a obligation condition to pay a annuity at the annunciation of our lad or  within twenty davs after the issue be join upon a collateral matter and find  for the plaintiff draw move in arrest of judgement that the original be bring  the eight of April and he allege the breach to he at the annunciation last  pass which be within the twenty day after the Feast of the annunciation and so  the action bring before he have cause of action the court hold it to he a  apparent fault for the annuity be not due until the end of the twenty day  Walmsley say that it have be adjudge a where one make a lease for year render  rend at Michaelmas or within twenty day after and die after Michaelmas and  within the twenty day that the rend be due to the heir and not to the executor  b whereupon the judgement be stay
case boden against watson devise of personal to one for life and if he have no  heir over hold he take a absolute interest at the roll that may good Boden by  will that April after give several annuity and legacy direct her house and all  her effect to be sell andlaid out in the fund for Mr George Boden after all  her legacy be pay during his life and if he have no heir to his sister mrs  jane Watson bill by Boden to have the house and effect sell and the money pay  to he after payment of the legacy and secure the annuity Q whether the  deviseover to the defendant mrs Watson be too remote be after a die without  heir general and the case of Butterfield v Butterfield that November be cite  for the plaintiff ambler devise of pound to be lie out for his son tempest  Butterfield for life and after to the lawful heir of his body and if he shall  die without heir then over the master of the roll hold the devise over to be  good but Lord Hardwicke on appeal reverse the decree on the authority of Lord  beauclerk v dorm atk on the other side it be argue that the court will  construe the word have in the same way as they have do the word have in target  v grant it wms and other case and then the devise over will be good if the  plaintiff have no child at his death it be also argue that it be a contingent  devise to the child of the plaintiff if he shall have any and if not then to  the defendant his honour take it up on the last question and say he can not  determine it so as to bind the child of the plaintiff in case he shall have  any and therefore decline give any opinion but order a general account and the  interest of the residue to be pay plaintiff for his life without prejudice to  the question what interest he take in the personal estate attorneygeneral v  hall that July I Eq can Abr to the saint question university of Oxford v  Clifton ante as to d question V this case determine by Lord chancellor upon  the cause come on to be hear for further direction post p
case boden and other assignee of Dellow a bankrupt v Dellow and other Hilary  term where a bill be bring for the discovery of concealment of a bankrupt  estate the court will not allow the defendant to look into their deposition  take by the commissioner before they put in their answer the assignee suspect  the bankrupt have make concealment examine a great many of his relation at  guildhall and have now bring a bill against the same person for discovery of  those concealment Mr green move on the part of the defendant that they may be  allow to look into their deposition before the commissioner in order to make  their answer consistent Lord chancellor I will not grant the motion the  defendant pray to be at liberty to take copy of the deposition in order to put  in their answer and for a month further time to put in their answer order that  the say defendant have a month further time to put in their answer to  plaintiff bill Reg lib a fol for as truth be always uppermost they may if they  please put in a answer consistent with what they hang already swear in their  deposition suppose they be true if false they swear at their own peril and I  will not give leave to see they mere for their own security that they shall  not swear different in one from what they have do in the other atkins er p
case bodens against watson ante on the hear bequest of personal estate to a  for life and if he have no heir then over the bequest over be too remote and  therefore void l lib Reg a foe S S Eden in chancery Dec this cause come on  again after the master report Lord chancellor after argument at bar I have lie  it down as a principle that in question of this sort the whole will must be  take together and from thence a judgement form of the testator intention if I  be to determine the limitation over to be good I shall destroy the principal  attention of the testatrix which be that George bodens and his issue shall  take before mrs Watson I can imply a gift to the issue as purchaser for such a  implication must be necessary which be not the case here the word heir must  mean heir of the body and the testatrix certain intend not only that George  bodens but also his issue shall take preferable to mrs Watson and that can  only be by transmissibility for they can take as purchaser it be the same as  if give to he for life and to the heir of his body and if no such heir then  over the failure of heir be not confine to a particular time but be general  decree the residue of the money to be pay to plaintiff see Butterfield v  Butterfield Ves sen Weakley v rug t r chamberlain v Jacob ante Saltein v  Saltein atk Clare v Clare can t Talb Atkinson v Hutchinson p W and case in  note there Barlow v saller Ves lyony Mitchell mad Kinch v ware S S Fearne  count Rem Murthwaite v Jenkinson b c
case boise against BRUERTON original in a different county original sue out to  Suffolk and the action lie in n and judgement thereupon reverse for this error
case bold versus Corbett ante discretionary in a court of equity whether it  will aid voluntary conveyance when there be no remedy at law the Lord  chancellor say in this case voluntary conveyance may be aid in a court of  equity but where there be no remedy at law it be discretionary in this court  to interpose or not precedent in chancery er p
case BONDLER against ORABB amendment a mistake of a clerk through carelessness  in a inferior court be amendable but not if through want of skill
case Bonfield against linton to say he kill a man aboard of a ship and if he  have not buy it off for a peace of money he have suffer for it be actionable  for it shall be take that the kill impute to he be a felonious kill otherwise  he can not suffer for it case for these word he be as very a rogue as ever go  by the highway he kill a man aboard of a ship and if he have not buy it off  with a piece of money he have suffer for it it be move in arrest of judgement  that the word be not actionable and there be cite the case of Parram v roe a  Thomson e contra that of suffer shall make it be intend a felonious kill  Scroggs chief justice these case have often vary and few of they but have  receive cross resolution that of roll be long since even in the six or seven  year of James the first we must here after verdict take it for grant that the  word be false and I be sure they be scandalous and may expose a man to a great  deal of trouble now can we imagine it any other than a unlawful kill when it  be say that he will have suffer for it he kill a man be not actionable for  that may be lawful and word shall be take in mild sensum now if I kill a man  that assault I on the highway or break my house to steal in this case I need  no pardon I be not indictable and if I be indict I may justify and the jury  must find I not guilty shower KB whereas in the case of see to ward off the  jury must find the special matter and the party forfeit his good and he stand  in need of a pardon though it be of course and per curian the word be resolve  actionable and judgement for the plaintiff b
case BONIFAUT against sir richard Greenfield land devise to several executor  in fee to the intent that they shall dispose of it man he sell b any of they  if the other refuse to execute the authority that ante   light a godb the case  be Tremain seize of the manor of d devise the same to I S and three other and  to their heir to the intent and purpose that the devisees shall sell it for  the hest profit and convert the money thereof come to the performance of his  will and in the conclusion of the will he make They four his executor and die  one of the four refuse to meddle with the will or sale and the other three  sell the land in the life of the four the question be if the sale be good the  case be argue b Popham and Egerton and it be adjudge that the sale be good by  the three either by the commonlaw or by the Henry c for when he devise the  land to four to sell c and afterward make they his executor this do tant  amount as if at the first he have devise that such his executor shall sell and  in such a case at the commonlaw the sale by three the four refuse be good for  they three may perform the will without the four but the statute make it clear  croak Elizabeth michaelmas term and Elizabeth in the exchequer sir Roger  manwood Knt chief baron Edward Flowerdew Esq Thomas gentleman Esq baron
case bonner against STOKELEY easter term Elizabeth roll a action on the case  lie against a sheriff for a escape on a cap ullag ante post roll ab   b Lut  Mod fitzg bull n p strange onslow n p see Elizabeth c S action upon the case  whereas he have sue a action of debt against I S herein process continue until  he be outlaw and he thereupon sue a capias utlagalum which be deliver to the  defendant be sheriff of the will of Nottingham by force whereof he arrest he  that afterward he let he at large the plaintiff not satisfy and therefore have  bring his action the defendant demurrer and after argument at the bar for the  plaintiff none be there for the defendant the court livre old clear that the  action well lie because the plaintiff hereby be delay of his debt
case bonner against walker variance qowli do gl term Rep avowry the issue be  whether the place where c be the freehold of the avower or not and it be find  by the verdict that it be the freehold of the avowants wife Bl per curian it  be find against the avowant for when he say his freehold it be to heintended  his sole freehold and in his own right wherefore c see Geo c S
case booth against Anonymous if the venire be in debt when the action be in  trover a venire de to make new shall be award post cro car hob to know facias  to have execution of a judgement for damage recover in a action of trover and  conversion against a executor who plead nunques executor and issue thereupon  the venire facias be ad triandum exit inter part predict in plea debt is owed  and a trial be thereupon have and this matter be assign in arrest of judgement  and it be hold good by all the court and a venire facias de to make new be  award
case booth against johnson Writ of error England to wit the Lord William the  three late king of England c send to his right trusty and wellbeloved Thomas  Trevor Knt his chief justice of the bench his writ close in these word to wit  William the three by the grace of God of England Scotland France and Ireland  king defender of the faith c to his right trusty and wellbeloved Thomas Trevor  Knt his chief justice of the bench greeting because in the record and process  and also in the give of judgement of a plaint which be in our court before  Edward Nevil Knt and his companion then our justice of the bench aforesaid by  our writ between Thomas Johnson and mary his wife administratrix of the good  and chattel which be Sylvanus rowley gentleman who die intestate as it be say  and whether booth late of Westminster in the county of Middlesex widow of a  plea of trespass upon the case as it be say manifest error have intervene to  the great damage of her the say whether as we have receive from her complaint  we Willing that the error if any there shall have be to be correct in due  manner and complete and speedy justice to be do to the party aforesaid in this  behalf command you that if judgement thereof be give then that you send the  record and process aforesaid with all thing touch the same to we under your  seal distinct and open and this writ so that we have they from the day of  saint Michael in three week wheresoever we shall then be in England that the  say record and process be inspect we may further do thereupon for the correct  the error that which of right and accord to the law and custom of our realm of  England ought to be do witness Thomas archbishop of Canterbury and the rest of  the guardian and justice of the kingdom at Westminster the eight day of July  in the thirteenth year of our reign layton
case booth versus booth July a bill be bring by the plaintiff against the  defendant for a account of the rend and profit of a estate during the time he  be guardian to the plaintiff brother and for a injunction to stay the  defendant proceed upon a ejectment for the possession of the estate which be  mortgage to he because he be proceed in this court to before close the equity  of redemption Lord chancellor though the defendant be foreclose the equity of  redemption here yet he be not preclude from bring a ejectment at law at the  same time unless there be something very particular to take it out of the  common case atkins the only material question be whether there be any ground  for I to presume the mortgage be satisfy as to the personal estate it be most  clear that the plaintiff brother be a encumber man and that he make a  assignment of it to a neighbour before his death then how can I infer  necessary from this that the mortgage be satisfy especial when two witness  swear for the defendant that upon his quit and deliver up the possession of  the mortgage premise he do it upon these express term provide the interest due  on the mortgage shall be pay but however it be not quite so clear as the  common case be entangle with a account of the personal estate and therefore if  the plaintiff will agree to give security to redeem I will direct a injunction  to stay proceed upon the ejectment which may be better for all party as it  will keep the possession in suspense till the account be determine
case booth versus Richard eoden die in court Eq can ab pl a infant can be  foreclose without a day to show cause but the proper way be to decree a sale  and that bind the infant per cur there be a infant in the case we can  foreclose he without a day to show cause after he come of age so mallack v  Galton p wms but the infant be only entitle to show error in the decree he may  not unravel the account nor be he entitle to redeem ibidem but a feme covert  be foreclose absolute and shall have no time to show cause after the death of  her husband ibidem but the proper way in such a case be to decree the land to  be sell to pay the debt and that will bind the infant Reg lib a fol and so  hold on a decree where a devise to sell for payment of debt in regard the  descent be break cook v parson post vol et way e Lord Falkland v bertie post  vol harr Ch prac sail v Freeland and all vent
case BOSDEN against sir John thin a consideration pass will maintain a  assumpsit on a subsequent promise where the contract be enter into at the  special request of the defendant Yelv cro car Cro Eliz dyer more hob Roll Abr  Com dig Powel on contract Cowper dougl assumpsit whereas the defendant request  the plaintiff to give his credit for two tun of wine for one Robert to one  Fludd amount to fifty pound he thereupon give his bind of one hundred pound  for the payment of that fifty pound and for the nonpayment thereof be sue and  enforce to pay seventy pound and show this to the defendant that the croak  throw defendant in consideration praemissor assume to he to pay the say  seventy pound such a day and he have not pay it after non assumpsit plead and  find for the plaintiff it be say that this promise be not sufficient in regard  it be upon a consideration pass but the court hold because Robert upon the  plaintiff undertake at the defendant request have credit give he by Fludd and  that the plaintiff be damnified by reason thereof which in conscience the  defendant ought to satisfy that the consideration be sufficient and not pass  wherefore it be adjudge for the plaintiff
case Bostock against Bostock money pay in discharge of interest the case upon  the master report be as follow a bind be date in the year condition for  payment of a certain sum of money and in the year one hundred pound part of  the money be pay and by endorsement recite that there be thirty one pound  interest then due it be express to be pay in discharge of the principal the  question be whether the thirtyone pound interest then due shall be take to be  part of the hundred pound then pay if it be then so much interest be discharge  and by consequence so much continue part of the principal still for which  interest must be pay whereas if the thirtyone pound interest be not discharge  no interest will be due for it because it be original interest the court seem  to incline that the hundred pound then pay shall be in discharge of the  interest then due and for the residue in discharge of so much of the principal
case Bostock against snell the James c do not extend to a writ of error bring  after the Act or to a judgement on which error be bring before the Act but  discontinue post cro car burr burr dougl error be bring in the  exchequerchamber of a judgement in this court in debt for rend which and all  other writ of error depend there be discontinue by the not come of the justice  the term be adjourn near plague in London and the adjournment do not extend to  they now a new writ of error quod in person thou to sit back be bring and  forasmuch as this writ be bring after the statute of James c a to stay  execution in debt it be pray that accord to the say statute he may have  execution or that the party shall put in surety to pay the condemnation but  upon consideration of the statute all the justice hold that it be out of the  statute because it be not a original writ of error but it be in lieu of a  former writ upon which the record be remove before the statute and it be  discontinue not through default of the party it be not reason he shall be  prejudice thereby wherefore it be resolve that this case be out of the statute  a see car c and and car c croak James er p
case boston against tatam clerk a action will lie for say a man be a thief and  steal gold ante Jones hut cro car Com dig hawk p c term Rep action for these  word he be a thief and steal my gold after not guilty plead and find for the  plaintiff it be move in arrest of judgement that these word be not actionable  for there be not any time mention when they be speak and it may be that it be  when he be a child or in the time of queen Elizabeth or before since which  have be diverse general pardon so as there can any loss happen to he nor any  scandal when the time be so uncertain for be intend the time pass and not that  he be so at the time of the word speak say non allocatur for it shall be  intend to be malicious speak and to discredit he and it be a great slander to  be once a thief for although a pardon may discharge he of the punishment yet  the scandal of the offence remain for pna to be able encircle with a garland  offense last many years to be and it ought not to be intend that it be when he  be a child wherefore it be adjudge for the plaintiff
case Bosworth against RINGOLE Trinity term will mary roll profert SC Carth but  see ante page note b in a to know facias letter testamentary ought to be show  at the end of the writ if bring on a judgement recover by a testator
case both against Crampton on a promise by ail executor in consideration of  forbearance asset need not be allege ante hob Com dig Cowp term Rep assumpsit  whereas a legacy of forty pound be devise to the plaintiff by I S who make the  defendant his executor and that diverse good come to the defendant hand and  the plaintiff intend to sue he for that legacy that the defendant in  consideration the plaintiff will forbear his suit at such a time promise to  pay c upon non assumpsit plead and find for the plaintiff it be move in arrest  of judgement that the declaration be not good because he do not aver that he  have asset at the time of the promise say non allocatur for it shall be intend  he have otherwise he will not have make such a promise wherefore it be adjudge  for the plaintiff
case Botham cooper against lady GRESHAX prohibition ante post prohibition that  she sue they in court Christian for tithe bay and surmise that time out of  mind they have pay to the vicar there fourpence for the tithe hay of every  acre coke move this be not good for here modus decide sbdll not come three  question but he ought to plead it in the spiritual court thatit appertain to  the vicar and not to the parson and if the vicar sue for tithe there modus  kill shall come in question and a consultation be grant V cause prcecedent
case BOTHWRIGHT against harvey Michaelmas term pound Elizabeth roll if a  counter bind be give to save the obligee harmless from another bind in which  he be the obligor the covenant be break if the original bind he put in suit  although he be the obligor the cov en I the money be afterward pay ante Ro ab  Owen cro car yely Brownl   vent debt upon a obligation of the condition be  that if he acquit and save he harmless from a obligation of wherein the  plaintiff and defendant be oblige to I S that then c the defendant pleuds that  I S sue the plaintiff upon that obligation and have judgement but that before  execution he deliver the sixty poi dds to the plaintiff to satisfy it and it  be thereupon demurrer adjudge to he no plea for although execution he not sue  yet by the judgement the party be damnified for his land and body be thereby  liable and although he pay the sixty pound debt yet he do not satisfy the cost  so the bind be not save for he do not acquit nor save he harmless as Elizabeth  be also the bind be conjunctive acquit and save c wherefore he ought to do  both which be not do and it be thereupon adjudge for the plaintiff
case BOTTOMLEY versus Lord FAIRFAX ante c pale yellow Chan wms S c but not S p  case tempt Talbot atkins a man before his marriage vest the legal estate in  trustee in trust for he and his heir equity will not assist the wife in  recover the dower in this case it be clear agree that if a husband before  marriage convey he estate to trustee and their heir in such manner as to put  the legal estate out of he though the trust be limit to he and his heir that  of this trust estate the wife after his death shall not be endow and that this  court have never yet go so far as to allow her dower in such case precedent in  chancery de boundary S the number three in curian porter attorneygeneral v  Thompson precedent chancery er report date case attorney general versus  thompson post pale yellow Chan Eq Abr pl S c Ventris wms atk brown Rep portion  devise by a father to his young child Payable at or marriage shall carry  interest from his death till that time if he make no other provision for they  but otherwise if devise by a stranger who be under no obligation to provide  for they in this case a difference be take by Mr how and agree to by the court  that if a father devise portion to his daughter or young child to be pay or  Payable precedent in chancery er p at their respective age of year or any  other time certain without make any provision for their maintenance in the  mean time and die that in this case they shall have interest for their portion  from his death till pay because the father be oblige to have provide for they  if he have live but if such portion have be devise to they by a stranger to be  pay or Payable at such a age in this case their portion shall not carry  interest in the meantime because he be a stranger be under no such obligation  to provide for they and a case of brewin and brewin ante be cite to have be  decree in like manner
case bouches case indictment for a escape hold have for not show the place  where the arrest be make Suffolk he be indict for that he be constable of the  hundred of if arrest one for burglary and after at d in the same county he let  he escape a d because no place be allege where the arrest be make and if he  shall lead not guilty the venue shall he as well from the place where the  arrest be make as from the place of the escape a it be hold the indictment be  void and the party be discharge
case bouchier against friend on judgement against casual ejector a latitat  shall be sue out and bail file in case of judgement against the casual ejector  there ought to be a latitat sue out against and common bail file for the  casual ejector as be agree by the court in this case and the judgement set  aside for want of it on nay motion a
case Boughton against GOUSLEY what person be consider dignitary of the church  vide law v Ibhetson burr dougl information upon the Henry c S for nonresidence  the defendant plead that he be choose gospeler in the church of saint Paul  London that he be resident there by reason of that dignity it be thereupon  demurrer and argue by waterhouse for the plaintiff that this be not a that  dignity to excuse the defendant the civilian divide spiritual function into  three degurees first a function which have a jurisdiction as bishop dean c  second a spiritual administration with a cure as parson of a church c three  they who have neither cure nor jurisdiction as prehends explain c and they  define a dignity to be administration Church rites cum jurisdiction well power  conjunct and thereby they exclude the two last degree from be any dignity a  penis strong the commonlaw do so and to that purpose vide Henry pl Edward pl  Edward Br nosm thatan archdeacon be not a name of dignity and Henry pl that a  parson be not a name of dignity Edward pl a provost be not a name of dignity  Henry pl a preceptor be not a name of dignity Henry pl a chaplain be not a  name of dignity and Henry pl be that if a vicar of saint Paul have a henefice  with cure he ought to be resident upon it and that be a great dignity than  gospeler wherefore c and of croak Elizabeth that opinion be Popham and Clench  oh the lb Justitiariis send away that it be not a dignity within the statute  but they will advice upon hear the defendant counsel el adjournatur afterward  the defendant compound
case BOULNEY against CURTEYS Hilary term James roll on a covenant to make  assurance c if a note of a fine be require it be a breach not to acknowledge  it though no writ of covenant be depend and it include more than be agree post  more cro Elizabeth roll ab Yelv Bulst latch and covenant and declare upon a  indenture of bargain and sale of three yardlands in d wherein he covenant to  make further assurance and to do any act or act c as shall be devise and show  that he demand of he before a lawyer and tender a note of a fine comprehend  that he will levy a fine of three message a hundred acre of land forty acre of  meadow thirty acre of pasture and that he require he to acknowledge it before  such a justice of assize and that he have not acknowledge it although he be  thereunto request such a day year and place the defendant plead that in the  note of the fine two message and two cottage be comprise which be other and  more than he intend to assure it be thereupon demurrer and now move by Thomas  crew for the defendant that the breach be not well assign first because it be  not show that any writ of covenant be bring or depend at the time of this  request which ought to be do on his part otherwise no fine can be levy and in  proof thereof he rely upon Edward pl Edward Henry second in regard this fine  be tender of more than he ought to levy that he be not bind to levy any fine  at all but the whole court to the contrary for as to the first he have  covenant to do every act as shall be requisite within twelve mile to be do and  this note of fine be a act and whether it be well levy or to no purpose be not  material he be bind to perform it and although the fine be levy of more than  it ought to be it be not material for of the residue it be to the use of the  conusor himself wherefore it be adjudge for the plaintiff
case boulton against ban Hilary term car roll a declaration in trespass on the  case recite the writ to be in a plea of trespass general be good post hob  Allen lev a action on the case will lie for know keep a dog use to bite and  kill swine see post d S ch Rep noise Max   Bl Com Mod ld ray freeman strange  Bl Com action upon the case whereas the defendant keep a mastiff sciens that  he be accustom ad to bite pig and that the plaintiff be possess of a sow great  with big that the say mastiff bit the say sow so as she die of the bite after  verdict upon not guilty plead it be move in arrest of judgement first that the  recital of the bill be in a plea of trespass and the declaration be in a plea  of trespass on the case say non allocatur the second exception that to declare  of a dog ad to bite pig accustom be not good for it be proper for a dog to  hunt bog out of the ground and his bite of the hog be necessary and not like  to the keep of a dog which usual bite sheep or other cattle but the court  absent Richardson conceive the action well lie for it be not lawful to keep  dog to bite and kill swine wherefore it be adjudge for the plaintiff
case bourn against carrington in debt in a inferior court against a heir on a  obligation of his ancestor it must be show that he have asset within the  jurisdiction ante roll ab roll Rep dyer ray Lut show salk   dig Cowp term Rep  in debt in a inferior court on a issue whether the defendant have asset by  dissent a verdict find asset out of the jurisdiction be good error of a  judgement in Derby in debt against the heir upon a obligation by his father  the defendant plead riens per descent the plaintiff reply asset but do not  show any place and it be find for the plaintiff and now error assign because  he do not show in his replication any place where the asset shall be and so  there be no place from whence the venue shall come and although it be allege  that this be in a corporate will which have not any jurisdiction to try any  matter out thereof croak throw and therefore may be well intend to be in Derby  where the action be bring yet all the court hold it to be erroneous for  intendment shall not help it and the replication be ill and it be all one  whether the action be bring in a corporation or in any other court for in both  the plaintiff ought to show the place of asset and because he do not it be ill  and the judgement be reverse and in the saline term a writ of error be bring  of a judgement in Lichfield in clerk v Broughton where in debt against the  heir upon a obligation of his father the defendant plead riens per descent the  plaintiff reply that he have asset by descent but they do not find any place  where and the plaintiff have judgement and this judgement be affirm although  it be object that this be a private jurisdiction they have no authority to  inquire of any thing out thereof and that this differ from the case of action  bring in the king court which have a general jurisdiction say non allocatur  for this enquiry be good enough as a enquiry may be of asset in Ireland a  wherefore the judgement be affirm
case bourn against cool a variance in the nisi prius roll from the plea roll  of guardino instead of guardiano be not fatal stram Com dig amendment c term  Rep a declaration for a escape that the prisoner by virtue of a habeas corpus  to the fleet be commit to the marshal be bad   cro James Poph Leon salk stram  term Rep case upon a escape against the defendant be marshal of the king bench  for the escape of a prisoner former in the fleet and upon a habeas corpus  bring before a judge of this court and turn over to the king bench prison  after verdict it be move in arrest of judgement and these exception be take to  the declaration first that it be guardino instead of guardiano for the warden  of the fleet Thompson for the plaintiff say that in his paper book which be  sign by the officer of the court the clerk of the paper it be right guardiano  and that it be so in the plea roll and he do hope that the mistake of a letter  in the nisi prius roll will not be sufficient to arrest a judgement second it  be say army short catalog de habeas corpus direct to the warden of the fleet  he be shower KB debt is owed modus undertaking to the king bench which be  repugnant and as to the other exception he think debt is owed modus will help  it but the court take this last exception as material because it do not appear  that he be commit for he can be commit by a habeas corpus and judgement be  thereupon arrest shower KB er p
case bow against paulet a assumpsit will not lie on the promise of the obligor  of a bind in consideration of forbearance after a assignment of it to the  queen roll ab more sand Cowp error in a assumpsit wherein the plaintiff  declare whereas the defendant be oblige to he in I which obligation he be  indebt to the queen have assign unto her that the defendant in consideration  that the plaintiff will forbear to procure any process against he for the say  debt until Hilary term then next follow promise unto the plaintiff to pay to  he the defendant plead non assumpsit and it be find against he and judgement  give for the plaintiff the defendant bring error in the exchequer CLOher and  assign it croak Elizabeth because there be not any consideration and so hold  all the justice and a vide pound Ann c croak Elizabeth er p baron for b the  assignment of the debt it be convey to the queen and therei before the  forbearance of procure of process be not any benefit or ease to the defendant  for it may have be award against he for the queen notwithstanding the  plaintiff promise wherefore the judgement be reverse
case bowater versus else tenant for life and Cestuique trust in remainder in  tail join with the trustee in make a feoff of the land this a good bar of the  estate tail
case bowden versus BEAUCHAMP November a coadministrator who be a plaintiff in  a bill in bring in a bill partly of revivor and partly supplemental to the  same purpose pretty near with the original Lord Hardwicke allow the plea of a  former dismission for otherwise he say it will be keep up a right in frown and  in custodian law and party will never know when to be at rest a bill be bring  by two person as coadministrators for a account of personal estate in one of  the plaintiff die in the survive plaintiff move by his counsel to dismiss the  bill without cost which be consent to by the counsel on behalf of the  defendant the representative of the coadministrator in bring a bill partly a  bill of revivor and partly supplemental and pretty much to the same purpose  with the original bill the defendant to this bill plead the former dismission  Lord chancellor it must be allow in this case for though it be suggest by the  counsel for the new bill that the former be bring by the coadministrator in  two right first by virtue of the administration and second as next of kin for  a distributive share of the intestate estate yet upon the death of one of they  the administration survive to the other and there be no necessity that there  shall be a representative of the decease administrator before the court when  the bill be dismiss beside it will be a very great inconvenience where there  be several plaintiff and one of they die if after such a length of time bill  of revivor shall be allow this be keep up a right in frown and in custodian  law and party will never know when to be at rest and as to the other right of  distribution which be set up under the old bill it will not avail the  plaintiff in the new because he shall have make the representative of the  estate who claim a right of distribution as next atkins of kin party to the  suit I do therefore allow the plea and leave the plaintiff to bring a original  bill if he think proper Reg lib a foe atkins er p
case bowdler versus smith Eq Abr c c S c wms ante post one devise in these  word as to my temporal estate wherewith God have bless I I give and dispose  thereof as follow first I will that all my debt be just pay I which I shall at  my death owe or stand indebt in to any person or person whatsoever also I  devise all my estate in g to a b and this be all the real estate the testator  have and per Lord keeper this will create a charge on the real estate for  payment of debt
case bower and his wife against coke executrix of coke plea that defendant be  administrator and not executor be a good plea in abatement but shall conclude  quod bill a empty else ill S c Mod S c salk S c Carth S c holt debt upon a  bind against the defendant as executrix of her husband she a   b see the case  of Mr Harvey of Coombe Mod viner Abr king v Wyndham stram king v Wilkes will  and hawk p c ch S modern report er p plead that he die intestate and that  administration be commit to her c unde petit jud si self ad bill prd  responders to turn the war thither to withhold exception be that the defendant  do not traverse without hoe that she administer as executrix per curium this  plea be better without a traverse for be show the plaintiff in what manner be  be Chargeable he have confess and avoid all the plea and have show that a  rightful administration be commit it be a foreign intendment that he have  administer any other way and if he have so do you shall have come in and show  it in your replication but then this conclusion be ill in abatement every plea  shall have its proper conclusion this shall be quod bill a empty it be indeed  a good plea to the jurisdiction of the court but not in this case and a  responders ouster be award a
case bower v SWADLIN Michealmas term a release to one obligor be a release to  both in equity as well as at law skep touch har   light a note ex part smith p  W skep v Huey post vol where there be a assignment of a bind in trust for  other precedent to a release though without consideration it will be a  material question whether the obligee can release or if it can operate to the  releasee as he be a trustee in the assignment every man be suppose to be  conusant of a deed to which he be himself a party a obligee give a release to  one of the obligors in a bind the bill bring by the representative of the  obligee and likewise by a trustee under the assignment of this bind for the  sum condition to be pay by the bind the defendant insist by way of plea that a  release to one coobligor be a release to all Lord chancellor there be no doubt  but a release to one obligor be a release in equity to both as well as in law  but if there be a assignment of the bind in trust for the benefit of other  precedent to the release though the assignment be with or without  consideration it will be a material question whether the obligee can release  or if it can operate to the releasee as he must be presume to have notice of  this assignment be himself a trustee in the assignment and every man be  suppose to be conusant of a deed to which he be a party atkins er p atkins his  lordship direct that the cause shall stand over till the defendant have answer  to the date of the release for it do not appear at present whether the release  be precedent or subsequent to the assignment
case bowl against lassel Trinity term Elizabeth roll a action will not lie  against a sheriff for return faint after he have admit the party to bail ante  Noy roll ab Bac Abr pale yellow c p Mod action upon the case against a sheriff  whereas he have sue a latitat against I direct to the sheriff of the county of  Nottingham which writ be deliver to the defendant be then sheriff to execute  by force whereof he arrest the say I S and let he at large and yet  notwithstanding return faint in prisond whereby he be delay in his suit c the  defendant confess the receipt of the writ and the arrest but that he afterward  let he at large upon bail accord to the a see Henry c which male a devise of  land in capile void for a three part b abolish by car c c the necessity of  attornment be now take away general by Ann c S croak Elizabeth er p Henry c et  hoc c and hereupon the plaintiff demurrer because he answer not to his false  return that he be faint c but the court hold it to he well enough for when he  execute the writ and take bind accord to the statute which he be compellable  to do and return that he take he it be not material to the plaintiff although  he return faint e for that be only for his excuse that he have not the body  and he be only finable by the court if he bring not in the body and the par  that shall not have any emedy against he wherefore it be adjudge for the  defendant
case bowsse against Cannington matter contrary to the record can be assign for  error ante post error of a judgement in the common plea in ejectment the error  assign be for that William brown of Bradfield be return upon the venire facias  and habeas corpora and William brown of Metfield who be another person and not  return be swear upon this error assign the defendant demurrer in law et quoad  elsewhere wandering in think over in nullo be erratum it be move that this be  not assignable for error for it be against the record which be that William  brown of Bradfield be return and swear and although it be allege that in truth  the other William brown of Metfield be swear yet all the court hold it not to  be assignable for error and that he be estopped to a cro Elizabeth croak James  er p say the contrary for then every record may be bring in question upon such  surmise wherefore without argument the judgement be affirm
case bowyer against garland a action will not lie against a administrator  where the testator may have wage his law   light a roll ab   ld raym Com dig  salk Cowp debt against a administrator upon a arbitrament make betwixt the  plaintiff and the intestate in write the defendant demurrer and without  argument it be adjudge for the defendant because the intestate may have wage  his law but otherwise it be if it have be in debt upon arrearage of account  before auditor
case bowyer against Lenthal a declaration state a promise to pay quantum  reasonably to be strong instead of to be strong be good after verdict more  roll Abr Noy cro Elizabeth cro car Yelv lev vent vent ld ray ld ray Mod Mod  comens barn salk Bac Abr dougl Indebitatus assumpsit with count of quantum to  deserve and accuse computasset the the plaintiff have a judgement by default  in the court of common plea and a writ of enquiry be bring and entire damage  give and now the defendant bring a writ of error it be argue that if any of  the promise be ill judgement shall be reverse the error now assign be in the  second promise videlicet that in consideration that the plaintiff will let the  defendant have meat drink and lodging he promise to pay so much quantum  reasonably to be strong and it shall have be to be strong at the time of the  promise make say non allocatur so the judgement be affirm easter term the four  of James the second in the king bench sir Robert wright Knt chief justice sir  Richard Holloway Knt sir Thomas Powell Knt sir Richard Allibon Knt justice sir  Thomas powis Knt attorneygeneral sir William William Knt solicitor general
case bowyer versus covert novembris in court Lord chancellor Eq can ab pl S p  No good cause of demurrer that a executor be not a party when plaintiff allege  in his bill he know not who be executor and pray defendant may discover he the  defendant have demurrer for want of proper party one of the executor not be  make a party and the demurrer be overrule because the plaintiff have allege in  his bill that he know not who be the other executor and pray that the  defendant may discover who he be and where he live vide daranda v Whittingham  mose
case box against tailor a declaration for a malicious prosecution state it to  have be without just cause be bad action on the case for a false and malicious  prosecution of a suit in a inferior court and say only without causan justice  and hold nought because it may be with a probable cause and if there be a  probable cause for the suit then it can not be malicious and this action will  not lie without aliquan causan will do or without causan justice well  commendable but without causan justice be not good for the reason aforesaid  and judgement for the defendant a
case box case word actionable SC winch post ld raym strange c dig term Rep  action for these word thou be burn and have the pox after verdict it be allege  that the action do not lie for it be not say he have the French pox but it may  be intend the smallpox and for say he have the pox general no action lie but  Wray say the action lie for when it be say thou be burn and have the pox it  shall he intend the French pox which usual come of burn and it be adjudge for  the plaintiff vide James c
case boyer against Jennings easter term Elizabeth roll or a have replication  can heassigned for error after judgement by nothing to say ante   b I term Rep  error of a judgement in debt in the common plea where the defendant plead a  good bar and the plaintiff make a ill replication and the defendant do not  rejoin but judgement be give against he upon a nothing to say and now he will  assign rror for that the replication be ill so that it appear upon his own  show that he have no cause of action and then no judgement be to he give for  he but the court hold he can not assign error in it for judgement hein give by  nothing to say it be all one as if no bar or replication have been make for  the Nurt without issue or demurrer shall not adjudge upon the replication and  although it be enter yet when the defendant do not reoin this be a waiver of  all and if it be in this court it be never enter until thew rejoinder he make  wherefore the judgement be affirm Henry pl Henry pl Edward essoign
case braban against bacon Michaelmas term Elizabeth roll if a condition be to  indemnify plea quod exoneravil be not good without show how ante Plowd cro  James march   a Lut more ld raym salk debt upon a obligation condition to  discharge and save harmless from all obligation which he have enter into for  he the defendant plead quod to free Elizabeth ndemnem conservavi from all the  obligation c one exception be take because he show not from what obligation  say non allocatur because there may he very many of they wherefore to avoid  prolixity in plead the law allow this plea to he sufficient another exception  be because he plead not quo modus to free but general and for that cause it be  hold to he ill et adjournatur
case brace versus harrington December a person who have a legal interest need  not in every case be a party where the whole equitable interest be assign over  vide Kirk v clark Prec Charles Lord chancellor it be not necessary in every  case of assignment where all the equitable interest be assign over to make a  person who have the legal interest a party but if a obligee have assign over a  bind and a presumption of its be satisfy arise from the great length of time  as in the present case where the bind be give by sir James harrington father  in and assign over in and no demand I as be make in year till the bring of  this bill by the assignee in the cause must stand over to make the  representative of the obligee a party because it be possible the obligee  himself may have be pay and therefore necessary to have a answer as to that  particular either from he or his representative atkins er p
case Bracebridge against vaughan the marshal of the king bench prison be  within the Henry c although not express name   b Poph dyer sand debt upon a  obligation it be agree by the court that where the marshal of the queen bench  take bind for the easement or delivery of a prisoner in execution this be void  by the Henry c although he he not name in the statute for Wray say diverse  person be intend in the purview which be not mention in the statute Syd contra
case BRADBURNE against ELIZAHEM BRADBURNE the plaintiff shall recover in  assumpsit if any of the consideration on which he count be good say videpost  cro James dougl assumpsit the court hold where there be diverse consideration  allege by the plaintiff and some be frivolous and void yet if any of they be  good the plaintiff shall recover and it be so adjudge
case bradbury against reenel a executor de son tort remain liable though he  have deliver the effect of the intestate to the administrator ante   Brownl  hob cro car Carth Mod ld raym go c salk term re debt against he as executor of  Terrel the defendant plead that Terrel die intestate and that certain of his  good come to the defendant hand and afterward administration be commit to I S  to who he have deliver the say good per curian it be not any plea for if the  administration have be commit to he it will not have purge the first tort so  here although administration be commit to a stranger in regard that he have  once make himself chargeableto the plaintiff action as be executor de son tort  c he shall never afterward discharge himself by matter ex post facto  Whereforey c Adjournatur et vide Henry pl Edward pl Richard pl see Elizabeth c  a see Elizabeth c croak Elizabeth er p
case BRADCAT against tower demand of performance be not necessary on a  covenant to pay a penalty on default   sand cro Elizabeth Danv pl Mod Mod  dougl a action be bring upon a charterparty and hale chief justice in that  case say that upon a penalty you need not make a demand as in case of a nomin  penny as if I bind myself to pay twenty pound on such a day and in default  thereof to pay forty pound the forty pound must be pay without any demand
case BRADDISH against bishop a fact allege in a hundred or a ware only be have  it must he the county and the parish hamlet or place within the same hob cro  car Com dig assumpsit the plaintiff show that whereas the defendant at London  in warda de Cheap be oblige to I S the defendant in consideration that the  plaintiff will give c at London in warddmedidd super see assumpsit upon non  assumpsit plead the venue be de parochid de arcubus in wardd de Cheap whereas  there be no parish mention before in the count and this matter be allege in  arrest of judgement and exception take to the count that the promise be lal id  in a ware and not in a parish within the ware as it ought to he Henry pl ware  in London be as hundred in the country and the parish as the town and as a act  can be lie to he do in the hundred so it can be in a ware Wray chief justice a  assumpsit or other matter be use to he lie in a parish and it have been rule  if the trial he in another parish it be ill gawdy justice agree Henry pl a  venire parish manor or other place know but not of a cit facias may he of a  town county or ware and this be not help by the statute of Elizabeth c and so  be the opinion of the whole court and that the plaintiff can have a v venire  facias de to make new but must hegin again for the fault be in his count and  not by the award of the court only a
case BRADDON against bow apple and such like fruit be not within the statute  against engross Inst cro car Owen hawk p c information in the exchequer upon  the statute of Edward c a for engross of apple be dead victual the defendant  be a costermonger it be thereupon demurrer that it be out of the statute and  be not such victual as the law intend and it be adjudge accord but a writ of  error be thereof bring in the exchequer Chamber and upon conference the two  chief justice resolve that it be not within the statute croak say there be not  any thing prohibit within the statute but it have a proviso how in some kind  it may be buy but there be not any such proviso for apple therefore it never  be intend to be restrain and for that cause the judgement be affirm
case Bradgate versus ridlington at the roll if land be devise in trust to pay  debt and legacy the debt shall be first pay Nels vo Rep in canc post Cas the  master of the roll say it be now a settle point in equity that where land be  devise to trustee for payment of debt and legacy the debt shall be pay in the  first place hob Nels Fol Rep in canc roll ab Cas vern vern go off of ex saint  h ch dyer
case Bradley against other on a promise to pay so much if the plaintiff marry  such a woman notice of the marriage be not necessary ante post Yelv cro  Elizabeth cro car roll ab Bulst Bulst Poph hut side Com dig Cowp assumpsit in  consideration he will marry such a one his cousin that he will give he a  hundred pound and allege in fact that he marry her such a day and place and  although he request the defendant such a day and place to pay yet he have not  pay upon non assumpsit plead and find for the plaintiff it be move in arrest  of judgement that the declaration be not good because it be not allege that he  give notice of his marriage and upon the first motion the whole court be of  that opinion for a precise notice of the marriage ought to be give and  although it be allege that he marry the feme and afterward at such a day  request the money which imply the notice allege yet it be not good in a  declaration croak throw which ought to be certain and be not to be maintain by  intendment but afterward be move again upon a precedent show of Morley v  Hodges in the exchequerchamber where in this court in the like action verbatim  and no notice allege judgement be affirm the court resolve that it be good  enough for it be a necessary intendment that when after marriage he request  the payment of the money that notice be give of the marriage wherefore it be  adjudge for the plaintiff
case Bradley against WHOREWOOD variance I roll Abr replevin in the writ the  defendant be name Whorewood and in the count and proceed after he be name  Horewood and this variance after verdict be allege in arrest of judgement but  notwithstanding it be hold good for it be as if there be no original which be  help by the statute and if it he say a variance it may be amend and the  plaintiff have judgement
case BRADSEY against CLYSTON a award that the defendant shall acquit and  discharge the plaintiff of and from a bind in which other be joint bind to a  stranger be good march Jones Ro l raym Mod Mod keb Lutw Carth Bac ab kid on  award under a submission so as the award be ready to be deliver on such a day  a declaration on a award make before the day without say it be ready to be  deliver be good debt upon a obligation of one hundred pound for not perform of  a arbitrament where the award be that the defendant shall acquit and discharge  the croak car er p plaintiff concern a bind of one hundred pound wherein the  plaintiff and defendant be joint bind for the payment of fifty pound to I S  the defendant demurrer roll now show for cause that the arbitrament be void to  award that he will acquit and discharge he of a bind make to a stranger for it  be not in his power to procure a discharge a but the court hold that the party  may well acquit and discharge c if the fifty pound be Payable at a future day  as it be here to be intend it be a second exception be take because the  submission be to stand to the award so as it be make under band and seal ready  to be deliver to the party and he say that they make the arbitrament before  the day videlicet such a day under their hand and seal and he do not say ready  to be deliver but all the court hold it be well enough for the word be not and  to deliver but ready to be deliver and when it be under hand and seal it be  intend ready to be deliver and the declaration be read it be express that it  be ready to be deliver whereupon it be adjudge for the plaintiff
case bradshaw against swanston prohibition SC Carth SC holt prohibition deny  in a suit for tithe on suggestion of a composition for per curian the law have  be take otherwise
case brag against ban Hilary term Elizabeth roll from what place the visne  shall come vide ante note a pl post action upon the case and declare whereas  he and ill those c have have a way from his house in d over GreenAcre in S and  over blackacre into such a place in p that the defendant have stop his way in  S upon not guilty plead a it be move again and the judge be of the same  opinion the judgement be reverse post a it be also determine the debt will not  lie in b r on the judgement but that the remedy be in the manor court or in  chancery   see the statute Merton c de viduis c more croak Elizabeth er p it  be find for the plaintiff and it be allege in arrest of judgement that the  declaration be not good because he allege not in what will cKAcre be for if  the prescription he traverse the v venire facias shall he from every will  where the land be over which the way lie and so it be adjudge in Elizabeth  Haukhursts case in the common plea wherefore c gawdy it be clear that this be  a fault for which the defendant may have demurrer for true it be he ought to  have allege all the land through which he be to have his way and will where  they lie and if the prescription he traverse the venire shall he from every  will but now when he plead not guilty the venire shall he from the will where  the stop be allege or the way be not principal in question but it ought to be  prove upon the evidence and thereto all the Justices agree wherefore it be  adjudge for the plaintiff vide Ann c and Geo c
case brag against digby variance between the writ and count can be plead  without crave oyer of the writ S c salk case on several promise on original  the defendant without crave oyer of the writ plead a variance between the writ  and the count show particular wherein whereupon the plaintiff demurrer for  though the writ be in court yet it be on a distinct roll from the count and no  advantage can be take of it without crave oyer a quod cur to go away and a to  answer ouster be award
case brandling against Milbank easter term James roll in debt against a heir  on the bind of his ancestor if he plead payment by his ancestor and it be find  against he the judgement shall be against he general SC comb error upon a  judgement in the common plea in debt upon a bind against a heir he plead  payment by his ancestor judgement general be give against he hoil argue that  this be ill the case of Davis v Pepyes in blow be never adjudge in the case of  Clothwathy v Clothwathy cro hold that non be factum plead to annuity bring  against a heir upon the deed of his ancestor will not produce a general  judgement and in the case of bowyer v Rivelt pop that case of Davis v Pepyes  be deny to be law and so be it in Jones and of this opinion be dolbin justice  strong and that there be no reason why a heir shall be more charge upon such a  plea than a executor shower KB holt chief justice a heir be bind express by  name a executor only represent the person of the testator a and upon nil to  say a general judgement b and so be several case roll Abr title heir and a  special judgement will have be erroneous unless pray by the plaintiff and by  he Gregory and eyres justice against dolbin opinion judgement be affirm
case brandling versus Owen and e contra November the plaintiff have first make  a lease to the defendant Owen of a Colliery and after mortgage to he the manor  of fall and the Colliery the bill be to redeem the plaintiff insist the  defendant have break the covenant in his lease by not have leave sufficient  balk and pillar to support the work and second be by his lease to pay S for  every tun of coal every tun of coal to contain twenty wagon load Newcastle  upon tine usual coal measure r l he have make his wagon of a large size than  ordinary to defraud he in that particular the court leave he to recover damage  at law as he can on the collateral covenant for not work of the colliery and  such damage be not to be bring into the account of redemption but as to the  over size of the wagon direct a issue at law Reg lib a fol
case BRANTHWAIT against Cornwallis Michaelmas term James roll debt he plead  acceptance of a statutestaple after the day of payment and it be hold no plea
case BRASHFORD against Buckingham and his wife see fleet v Perrins lr b Jones  v Cuthbertson lr b baron and feme may join in a assumpsit on a promise make  during the coverture to the wife only where the cause of action arise from her  labour vide SC post cro Elizabeth cro car say vide Mod salk side lev strange  bull n p will Bl Rep error in the exchequer Chamber of a judgement in the king  bench croak James er p the error assign be because the action be bring by  husband and wife upon a promise make to the wife after the coverture in  consideration that she shall cure such a will to pay to her ten pound and  allege in fact that she cure it and for nonperformance of this promise they  bring their action upon the case it be allege that the husband sole shall have  have the action it be a personal duty which accrue during the coverture say  non allocatur be ground upon a promise make to the wife and upon a matter rise  upon her skill and upon a performance to be make by the person of the wife so  she be the cause of the action and so the action bring in both their name be  well enough and such a action shall survive to the wife wherefore the  judgement be affirm
case BRASHFORD against Buckingham if the cause of action arise whole from the  act of the wife she may be join in it with her husband vide SC ante side Com  dig cro Elizabeth salk Mod Carth Bl Rep stram term Rep error of a judgement in  the king bench in a assumpsit by husband and wife during the coverture in  consideration she will cure such a will that he will pay to her ten pound and  allege in fact that she have cure the will and her have not pay to the damage  of the husband and wife it be assign for error that the husband sole shall  have have the action for bein a promise during the coverture the  nonperformance be only damage to the husband and not to the wife but for that  the cause and act be arise only from the labour and skill of the wife  therefore the action be well bring and the judgement be affirm croak throw  easter term James in the king bench sir Thomas Fleming Knt chief justice sir  Edward Fenner Knt sir Christopher Yelverton Knt sir David William Knt sir John  croak Knt justice sir Henry Hobart Knt attorney general sir Francis Bacon Knt  solicitor general