anonymous case wherein the plaintiff declare that in consideration the  plaintiff have promise the defendant to buy up for he all the plum he can and  deliver they to he the defendant promise to pay the plaintiff so much per  hundred for the black and blue plum and so much for the white and aver that be  buy and tender the defendant so many black and blue plum and he refuse to  accept they to his damage after verdict for the plaintiff Mr page move in  arrest of judgement first that it do not appear how many blue plum and bow  many black plum there be id be how many of each sort but to that it be answer  and resolve that the black and blue one be to be both of the same price it be  not Lord Raymond material otherwise if the white and black have be put  together without difference second that the plaintiff Lord Raymond er p do not  aver that the plum be tender be all he have buy or can buy and unless he have  do so he have not perform his part and be not entitle to his action but to  that it be answer and resolve that that be now cure by the verdict for unless  the plaintiff have prove that those be all he buy or can buy it will have be  against he for want of prove the performance of the consideration
anonymous certiorari grant at the instance of a prosecutor to remove a  indictment for a riot from the court of great session for Brecknock a  certiorari upon clive motion grant at the instance of the prosecutor to remove  a indictment for a riot from the court of grand session for the county of  Brecon see burr also east r n
anonymous chancellor call the judge into the exchequer Chamber upon remainder  of a lease in a case move by Mr chamberlain where the Lord chancellor have  refer the matter to be try at the commonlaw touch remainder caryi upon a lease  whether good in law or no and the judge have give judgement upon the case in  another point in the king bench so as the Lord chancellor remain still  uncertain of that point call the judge into the exchequer Chamber James
anonymous content of a manor as it be sixty year pass a in form poor man have  a decree against c for the manor of b that the content of the manor be  doubtful c show ancient deed that prove diverse parcel of the land claim by  force of the decree by a to be of another manor which notwithstanding the Lord  chancellor Egerton order that it shall be put to jury and they to find as the  content of the manor have go by usual reputation sixty year last and not to  have it pair and defalk by such ancient deed Mews dig title copyhold a manor  what be
anonymous continuances in grand and petit cape shower KB in case of a grand  cape in dower on a writ of error there be no continuances return and they be  only enter in the filizers roll but for a petit cape there all the process and  continuances must be enter hilary term the thirtysecond and thirtythird of  Charles the second in the king bench sir William Scroggs 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
anonymous conusee a man have land of ancient demesne in extent for debt and  they be recover from he by the sufferance of the vouchee whereby he be oust in  this case he shall be help here Morton chancellor per assent Bryan and Hussey  justice h
anonymous convict of perjury though pardon can be a witness salk per holt Ch  just where a person be convict of perjury upon the statute and afterward  pardon yet he can be a witness for the punishment be part of the judgement  appoint by the statute but it be otherwise if the conviction be at commonlaw
anonymous copartner to join in plea or presentment so if two copartner or  jointtenants join in a quare hinder and the one will plead covinously he shall  be compel here to join with the other in plea or presentment
anonymous copyhold devise the lord devise a copyhold to for life and after  pass the freehold of the soil thereof by livery of seize thereof to b for life  reserve a rend caryi er p and then by fine levy do grant the say land to the  say c come Ceo and it ad de son do c and g accept the say rend of b and  thereupon it be question whether or no the copyhold of c be go in conscience h  dyer
anonymous copyhold tail surrender whether copyholder may be entail and hold  that they may not the statute de gift conditonalibus but by the commonlaw  denante and that surrender or plaint in nature of fine and recovery may bar  these estate tail as well in the court baron as at the commonlaw if the custom  have be such which be the rule in these case d Feb Eliz Mews dig title  copyhold e tenure and incident mode of bar entail
anonymous copyholder touch copyholder Mr Fitzherbert in his naturan narrow  places folio note well that forasmuch as he can have any writ of false  judgement nor other remedy at commonlaw against his lord therefore he shall  have aid in chancery and therefore if the lord will put out his copyholder  that pay his custom and service or will not admit he to who use a surrender be  make or will not hold his court for the benefit of his copyholder or will  exact fine arbitrary where they be customary and certain the copyholder shall  have a subpoena to restrain or compel he as the case shall require dyer and  Fitzherbert Subpna Mews dig title copyhold a manor validity of custom
anonymous court incline to discourage trifle action Mr don obtain a rule to  show cause why on payment of S d to the plaintiff all proceed shall not stay  on a affidavit that there have be only one transaction between the plaintiff  and defendant on which there be a balance due to the plaintiff of S d for  horsekeeping for which this action be bring and dama es lie afterward Mr  Hussey show for cause that the debt be real S for which the cause of action  arise in Dorset but that the defendant live in Somerset and therefore be not  amesnable to any inferior court whereupon the court recommend to stay all  proceed on payment of the S to which both party consent
anonymous covenant at under age decree to perform the father and son within  age covenant to convey land on valuable consideration the son be infra  lifetime but be now come of age the father be decree to procure his son to  convey
anonymous custom to take apprentice lie in the to use only SC I keb covenant  be bring and declare on the custom of London that time out of memory c every  freeman to use have use to take apprentice who by the same custom have use to  be bind by their covenant to serve faithful and that the plaintiff take the  defendant apprentice by indenture whereby he covenant to serve the plaintiff  for seven year and that he have not do it but have depart from his service  without licence and on issue that he have levinz serve he accord to the  covenant and have not depart verdict be for the plaintiff and it be move in  arrest of judgement by Jones that the declaration be in the to use only and  not in the debet and to use be not good and cite e and I cro the king and  bagshaw and if he be oblige by the covenant to serve at all be a infant it  ought to be by the custom to which it be answer and resolve by the court that  the action be find on the covenant and the custom be but inducement it be  sufficient and give judgement for the plaintiff nisi c levinz er p
anonymous Dec No jurisdiction in the court to deal with property give over in  default of issue upon any probability of there be no issue bill in parliament  on such ground often refuse supplement a decree have settle a portion of a  wife to be lie out in land for husband for life for wife for life and the  issue petition to have part to pay husband debt and the rest to wife separate  use upon suggestion that there be no probability of issue and that husband  have be long in prison and in infinite distress Lord chancellor I can do it  unless vest with a legislative authority and have know these suggestion of no  probability of issue make in parliament and yet bill refuse
anonymous December statute lose not to be help by motion but a bill against  all party the Lord keeper be move touch a statute lose to have it certify and  two precedent be show Lord keeper they be precedent not to be follow and I  will never do it exhibit your bill against all that be concern in the land and  justice shall be do you note though this ought not to be do on motion yet on a  bill exhibit if it appear a statute recognizance deed c to have be lose or  render void by fraud force or accident equity will relieve a defendant have  suppress a marriage settlement whereby a remainder in tail be limit to the  plaintiff father in tail and all the prior estate be spend it decree the  plaintiff shall hold the estate though the deed be lose vern on a issue at law  whether a deed to lead the use of a fine be duly execute the deed have be  enrol and afterward lose a Copy of the enrolment be allow to be give in  evidence vern see also ibidem and note ibidem if a lease of land by deed be  lose the lessor may declare on a demise in general without say it be by deed  see new equity can case in chancery de term sanct hill year king pound car ill  in cancellar
anonymous decree and dismission enter at large notam that dismission be enter  at large year Elizabeth fol and fol a decree be enter at large in the register  book which he the first I find enter at large in that kind and so after  diverse other caryi er p
anonymous deed how to be prove a release be offer to be dispose that it have  be see by some at the bar it be affirm that by casual mean it be lose but the  Lord chancellor say the oath shall be that he see it seal and deliver and not  that he see it after it be a deed for in Munson the justice his case a deed be  bring into the chancery and vidimus upon it be but a   copy and after the  fraud discover and the true deed produce therefore none allowance to be give  of a deed without produce the deed or prove the execution thereof and here  appear what want we have of notary and their deputy that November James
anonymous defendant may move to change the venue after imparlance motion to  change the venue and rule nisi on show cause it be insist for the plaintiff  that though the rule for plead be not out at the time of the defendant motion  yet as he have gain time by application to a judge for a imparlance from  Trinity term last be ought not now to move to change the venue the it be say  that whether a imparlance have be have or not yet at any time before plea  plead though the rule for plead be out the defendant may move to change the  venue unless he have apply for time to plead and in that case the court will  not suffer he to make use of that indulgence to the plaintiff prejudice curian  the imparlance in this case be no more than the defendant be entitle to the  rule must be make absolute Vid Blackstock v pain prac Reg barn on same point
anonymous die b keb Bulst a writ of error be bring upon a judgement give in  Ireland it be hold that a day ought to be give by rule of court to the  plaintiff to assign his error or else to nonsuit he for the defendant can have  no to know facias into Ireland
anonymous e g Tuesday April that a person may be arrest on a Sunday on a  attachment for a rescue a person arrest on Sunday on a attachment for a  contempt for a rescue move to be discharge and the counsel for the person in  custody insist on the statute car c S and also on Prinsors case cro car which  case be nothing to the purpose for there the arrest be hold to be wrong  because it be a arrest by a process from the court of session after a  certiorari to remove the proceed and this likewise will be before the stat car  the word of the statute be I that no person shall serve or execute any writ  process c on the lord day except in case of treason felony or breach of the  peace but that the service of every such writ c shall be void to all intent  and purpose and we hold that a contempt of this court be a breach of the peace  and therefore deny the motion so a person may be arrest on a Sunday under a  escape warrant sir W more be case Lord raym or if he have wrongful escape he  may be retake on a Sunday without a warrant ib and Atkinson v Jameson d e and  feather stone haugh v Atkinson barn but bail can take the defendant on a  Sunday in order to surrender he brook v warren Bl Rep nor can a defendant who  have be convict on a penal statute be arrest on a Sunday for nonpayment of the  penalty b v Myers I d e nor can a rule nisi for a attachment for nonpayment of  a sum of money pursuant to the master allocatur be serve on a Sunday Mileham v  smith d e a the attachment be for a rescue which be certain a great breach of  the peace
anonymous evidence which will not be sufficient to prove a fact for a party  when give by his own witness may be so when give by his adversary it be rule  by holt chief justice may pasch will at guildhall that in a action upon a  policy of assurance of a ship if the plaintiff witness swear that a the ship  be condemned by process of law it be good evidence to prove it but if the  defendant have offer that matter in evidence by his witness it will not have  be sufficient without produce the sentence of condemnation a vide ante
anonymous execution to Chester out of the king bench post it be move to have  restitution of good levy by a become facias out of this court in the  countypalatine of Chester on a judgement original have in this court for that  on such a judgement here no become facias lie to a countypalatine h levinz er  p but where a judgement be remove hither for error and here affirm execution  may issue out of this court but the court deny the motion and hold that  execution may well issue out of this court to the countypalatine on a  judgement original give in this court
anonymous executor shall not answer without his copartner if a subpoena be  bring against three executor and one of they appear he shall not be compel to  answer till they be drive to appear also they be but one e wonder by the  chancellor
anonymous executor shall not release a bind without his copartner if one  executor will release a debt without the consent of his copartner whereby the  will can be perform the releasor and the releasee shall be order therefore in  chancery Henry by the chancellor against the opinion of Fineux
anonymous executor there may be a executor de son tort of a term z see car c  and will mary c a see Elizabeth c and a c shower KB er p shower KB hilary term  the second of William and mary in the king bench sir John holt Knt chief  justice sir William dolben Knt sir William Gregory Knt sir Giles eyres Knt  justice sir George Treby Knt attorney general sir John summer Knt solicitor  general
anonymous executrix husband order to pay debt a marry a feme executrix subject  to a devastavit if a have not sufficient to satisfy himself shall be imprison  for the debt
anonymous Feb injunction to reerect a nuisance deny motion in the case of sir  Lister holt for liberty to reerect a nuisance and to be quiet in the enjoyment  of it until the hear of the cause Lord chancellor say he have know several of  these motion make but hardly ever know it grant by give express liberty to  reerect a thing pull down suppose a house be build on what be insist upon to  be the highway and that be pull down the court most certain will not give  liberty to reerect that building he therefore will not grant the injunction  but the utmost he can do be to put it in a speedy method of trial the general  rule be you must establish your right at law before you bring a bill of peace
anonymous February decree enrol post death Mr attorney move that a decree  pronounce in Michaelmasterm that the defendant shall account since which the  defendant be dead may be enrol Lord chancellor what good will that do you when  it be but to account Mr attorney the decree be not only to account but for  payment of certain sum Lord chancellor it have be do and be so at law if  judgement be pronounce it shall be enter though the party die let it be so  here now case in chancery de boundary paschae year king car in cancellar
anonymous February No discovery of witness motion be make that the defendant  may discover the name of the witness to a deed by which the defendant claim by  his answer which the plaintiff by bill charge to be antedate but the antedate  deny by answer Lord chancellor that may tend to prepare or otherwise to tamper  with the witness and therefore deny the motion but if there be apparent  suspicion it may be
anonymous February plea notice purchaser a bill be exhibit for discovery the  defendant plead that he be a purchaser for valuable consideration videlicet so  much c and that he have no notice of the plaintiff Title c rule by Lord north  that the plea as to not have notice by way of plea be not good but it ought to  have be as to the notice by way of answer and not by way of plea on debate but  yet that the defendant be a purchaser shall not lose by the formality of plead  the benefit of his plea if he shall answer the whole plea for if he shall  answer to the time of his purchase which possible be in facto after the  plaintiff purchase they be indeed both of they mortgagee then the plaintiff  may will he at law he shall put in a new plea and put in the point of notice  by way of answer or to that effect be the order
anonymous February voluntary conveyance no relief for deed against heir the  bill be to discover and have use of a deed which be to lead the use of a fine  levy by the defendant mother and conceal and suppress by her the case the  defendant mother seize in fee she and her husband levy a fine which by deed be  declare to be to the use of the husband and wife with other use under which  the plaintiff make Title videlicet by the husband be will the fee be limit to  the husband case in chancery the complaint be that the defendant suppress the  deed the defendant be heir to her mother and insist that the fine be gain  undue and deny the have the deed which be voluntary without consideration and  because the conveyance by the fine c be voluntary and without consideration no  money be pay c the court will give no relief but leave the plaintiff whole to  law to help himself there as he can
anonymous fine fraudulent a lease land for twentyone year and let other land  at will to b that have land in the same town who make a lea for life to c of  his own land and of a and then by fine all be convey to b he pay the rend to a  still the five year pass by the opinion of all the judge deliver to the Lord  keeper this fine shall not bar a because that this only is apparent per Le  payment deal rend and cest case fit subscribe per Popham Andersan that Feb  Eliz Mews dig title fine and recovery agreement to levy or suffer g fraud
anonymous fine of copyhold how order in chancery in the case of tenant right  between Musgrave and some of his tenant on the border the Lord chancellor  pronounce that neither in tenant right nor in other copyhold will he make any  order for all the tenant in generality but for special man in special case nor  for any long time than the present except it be by agreement between the lord  and the tenant which then he will decree if it appear reasonable that June  James Mews dig title copyhold g copyholder right of g enforce
anonymous fine recovery c such assurance as be use for the common repose of  man estate the chancery will not draw in question for a fine with proclamation  ought after the five year to be a bar in conscience as it be in law so shall  it be of a common recovery for docking the entail doctor and student Mews dig  title fine and recovery general principle
anonymous force to sue a obligation if a obligation be make to b to the use of  c now b shall be compel here to sue upon that obligation Edward
anonymous fraud or covin in good a man make a gift of his good of intent to  defraud his creditor and yet continue the possession of they and take  sanctuary and die there now his executor have the good be charge towards the  creditor Edward Mews dig title fraud and misrepresentation two fraudulent  conveyance a as against creditor consideration a general principle
anonymous fraudulent importation of cocoanut from holland upon the trial of a  information for import cocoanut from holland not be the place of their growth  c contrary to the act of navigation it appear that the good be only husk and  shell and some little of the nut mix with they which they do in holland  separate the husk from the nut by put they over the fire and this the  defendant pretend be a manufacture of the cocoanut and so except out of the  act and that this be use only in water which the French refugee drink but per  Lord chief baron Gilbert this be a plain fraud and no manufacture Bunbury de  term paschae
anonymous general custom reduce to certainty by agreement in a manor a custom  of descent in a manor and many other thing be in controversy between the lord  and tenant and between the tenant then self and in the that Elizabeth a  general agreement make by deed indent and a bill in chancery for establish the  same but no record to be find but the deed enrol though all the tenant of the  say manor shall be stop in the chancery to speak against this Cac be how Le  creep deal realm notwithstanding pretence be make Philips be of counsel with  caryi the defendant that agreement can alter a custom in law that some be  infant some feme covert at the time that the lord be but tenant in tail of  which opinion be Mr cook attorneygeneral and justice gawdy that June Eliz
anonymous give day to one it shall help the other so if two be joint and  several bind to pay money and the obligee will give long day or another favour  to the one and then will sue the other for the debt he which be sue shall sue  in chancery e
anonymous good of felon grant which be difficult to prove where certainty want  the commonlaw fail but yet help be to be find in chancery for it for if the  queen grant to I the good of a that be attaint of felony and I know not caryi  the certainty of they yet shall I compel any man to who possession any of they  be come to make inventory of they here Henry cur Mews dig title Criminal law b  offence general felony right of the crown
anonymous grand lease forfeit by covin so if a lessee for year demise parcel  of the term to another and covinously forfeit his whole lease for any  condition break and take the land back in lease again his lessee shall find  help in chancery Crompton and Stillington the chancellor e r be of opinion  that prolsione trust or breach of promise a man be at liberty to sue either in  the spiritual court theory injury or else in caryi the chancery for the damage  accrue by the breach Mews dig title landlord and tenant m covenant not to  assign or underlet c breach of
anonymous grantee distrain one who pray relief order he sue the rest and the  grantee the one to contribute and the other to accept of equality sir Edmund  Morgan marry the widow of fortescue have his wife land distrain alone by the  grantee of a rentcharge from her former husband and therefore sue the grantee  in chancery to take a rateable part of the rend accord to the land he hold  subject to the caryi distress and notwithstanding the Lord chiefjustice popham  report who think this reasonable the Lord chancellor Egerton will give he on  this bill no relief but order that he shall exhibit his bill against the rest  of the tenant and grantee both the one to show cause why they shall not  contribute the other why he shall not accept of the rend equal otherwise it be  no reason to take away the benefit of distress from the grantee which the law  give he that June James Mews dig title rentcharge recovery of arrear
anonymous hawk ch vide burr at commonlaw where the party have a right he may  enter with force but by the statute r he be restrain from enter with force  though he have a right to enter neither can he enter peaceable and hold out  manu strong per h cap nor enter manu strong and hold out manu strong now in  these case a man may either proceed civil or criminal his civil remedy be by  writ of forcible entry wherein he shall recover Triple damage and cost and  this be upon the statute of h and to this writ the defendant may plead not  guilty or he may plead any special matter and traverse the force and the  plaintiff in his replication must answer the special matter and not the  traverse for there shall be no inquiry of the force if the special matter be  find for the defendant and if it be find against he then he be convict of the  force of course but the plaintiff can never recover in this action unless he  maintain his writ way that the defendant to drive out disseizivit the dawn  therefore he must have some estate of freehold at least and such a estate upon  which the defendant can not lawful enter otherwise it can be no seize Salkeld  but if W r be seize and l r have good right to enter do accord enter manu  strong he may be indict notwithstanding his right and restitution shall be  award
anonymous hill Ann B R detention a ship insure be in her voyage seize by the  government and turn into a fireship the question be whether the insurer be  liable holt c j think it be within the word detention but the cause be reserve  a a this be part of the precede case vide ld raym the point whether insurer be  liable for damage from detention of ship by the government to which they  belong do not appear to have be judicial decide but Mr park observe pa that  the very general word make use of in policy go to support the idea entertain  by Lord holt and though he have find no case where this point be express  settle yet it seem to have be take as settle in many case which have come  before the court that in the case of Robertson v ewer t r no question be make  whether the insurer be liable for loss sustain by such a detention provide it  have happen to property specifical insure Salkeld er p
anonymous hill Ann B R far roll Abr f g marriage revoke a warrant of attorney  give to confess judgement against feme aliter if to her   light a post Salkeld  er p Mod cumber sand   a more pl show con warrant of attorney be give to  confess judgement to a feme sole who afterward marry in this case the court  give leave notwithstanding the marriage to enter judgement a for that the  authority shall not be deem to be revoke or countermand because it be for the  husband advantage like a grant of a reversion to a feme sole who marry before  attornment yet the tenant may attorn afterward aliter if a feme sole give a  warrant of attorney and marry for that be to charge the husband ex motion Mr  king contra show I and it seem as reasonable he shall be charge in this case  as well as for a bind or other debt which he be liable for during the  coverture though not after roll Abr f g f n b f a but if judgement be enter up  without leave it be irregular and must be set aside burr
anonymous hill Ann B R for contemptuous word speak of the court attachment go  without a rule to show cause I lill Stran Stran motion be make for a  attachment against the defendant on affidavit that be serve with a rule of  court to show cause why a information shall not be file against he he say he  do not care a fair for the rule of court and Northey attorneygeneral insist he  ought to be first hear to show cause against it et per totan cur he shall  answer in custody for it be to no purpose to serve he with a second rule that  have slight and despise the first it be to expose the court to a further  contempt and accord the defendant be bring in and enter into a recognizance to  answer interrogatory vide plus title contempt b notam a attachment be grant  against the plaintiff attorney for put the name of a attorney of B R to the  process without his authority burrow Openhein who tam v Harrison mich Geo note  to that edition which be all that can he have thereupon and if he forswear  himself he be subject to a prosecution for perjury far b Qure if the  attachment go absolute when the contemptuous word be only swear to by one  witness vide Str in atkins the court under that circumstance only grant a rule  to show cause a person can come in and confess the contempt and submit direct  to the judgement of the court but be oblige to answer interrogatory king v  beardmore burr except in case of a rescue and contempt in the face of the  court king v elkins Bl Rep Salkeld er p Salkeld attainder
anonymous hill Ann B R prohibition lie to the spiritual court in any suit for  deny a copy of the libel but not to admiralty prohibition lie for deny a copy  of the libel to any ecclesiastical court nam jura ecclesiastic are limitata  and the party ought to know whether the matter be within their jurisdiction  and how to answer Ro Rep Dightons case et mich Ann b b it be say by holt c j  that it be former hold by all the judge of England that when there be a  proceed ex duty in the ecclesiastical court they be not bind to give the party  a copy of the article but the law be otherwise for in such case if they refuse  to give a copy of the article a prohibition shall go until what time it be  give and accord a prohibition be grant per cur notam yet pasch W b r hall move  for a prohibition to the admiralty for refuse a copy of the libel and it be  deny per holt c j because not be deins stat
anonymous hill Ann B R proper proceed upon statute car in removal of poor car  cap way burn poor removal that edition pa per holt c j the most regular way  for justice to proceed upon the car in remove a poor person be to make a  record of the complaint and adjudication and upon that to make a warrant under  their hand and seal to the churchwarden to convey the person to the parish to  which they ought to be send and deliver in the record per to appropriate manus  into court next session to be keep there among the record to charge the parish  and that record may be well remove by a general certiorari to the justice of  peace Mr Broderick say he have advice the justice in Surre to do so Salkeld er  p
anonymous hill Ann where a traverse be repugnant ante skin salk Mod Mod Mod  skiff show the defendant be sue by the name of John and he plead that he be  baptise by the name of Benjamin and traverse that ipse idem Johannes be ever  know by the name of John and upon a general demurrer to this plea per holt Ch  just this traverse be repugnant in itself and very immaterial for it have  waive the precedent matter of baptism which be well plead Salkeld and be now  become the substance of the plea itself for now the issue must be by what name  the defendant be call or know and not by what name he be baptise whereas he  ought to have rely on his name of baptism and conclude with it without a  traverse for a man can have but one name therefore it imply a negative in  itself without say he be never know by the name of John c
anonymous hill W B R refer to b v Chantrell l r Q b b v overseer of Walsall Q  b d App Cas special order ought not to conclude to the opinion of the court a  order of session draw up special in order to have the opinion of the court be  conclude and if the court shall be of oh opinion then c which be hold nought  for the justice ought to determine one way or other and not make a special  conclusion refer to the court but it be refer to the judge of assize
anonymous hill W B R where defendant plead prisal in auter lieu he must make  suggestion for return ante pl Str in replevin the defendant plead that the  cattle be take in auter lieu without hoe c et per cur this be not enough but  the defendant must go on and make a avowry pro retorno to have yet such avowry  be only a suggestion to bring he within the statute of h for damage before  that statute no damage be give and without such a suggestion he be not within  the statute but that be only for a particular purpose be not traversable ante  pl
anonymous hill will B R a mandamus to compel precedent overseer to come to a  account with the present quash vide ante and post pl and Mod Mod a mandamus be  grant to the justice of peace on Elizabeth command they to compel the  precedent overseer of the poor of the parish of a to come to a account with  the present overseer and this writ be now quash saint for that the account by  Elizabeth be to be give to two justice and not to the succeed overseer a dly  two of the person name in the writ who the justice be to compel to come to  account do not appear to have be overseer a vide stat g c
anonymous hill will B R ante pl e Mr Carthew move that a undersheriff may  attend for refuse to execute a become facias till his shillingpence be pay the  court will not grant the rule but say it be extortion for which he may be  indict
anonymous hill will B R bail in a action for money win at play in a action by  the loser at game special bail shall be give Stran Andrews upon the stat Ann  cap in a action for money win at play gold and Turton be for deny special bail  for since the plaintiff play upon tick they will not help his security and  they be for make it a rule of court holt chief justice contra that the  practice have be otherwise and the contract if under be lawful and the  plaintiff venture his money against it that they can not so far discountenance  what the law allow and to say they be not to better his security since be play  upon tick will as well prove that there shall be no bail in a indebitatus  assumpsit c the rule for special bail stand
anonymous hill will B R commitment by chief justice of B R if the chief  justice of the king bench commit one to the marshal by his warrant he ought  not to be bring to the bar by rule but by habeas corpus per holt c j
anonymous hill will B R exception to be take to order of sewer before the fill  Mod case where order of commissioner of sewer be remove into B R by certiorari  the court do not file they but hear counsel upon the matter of they before  fill for if they be good the court must grant a procedendo which they can do  after they be file say per cur Trin Ann B R we will file they in any case  where no apparent danger be likely to ensue by the delay a a vide Str
anonymous hill will B R imparlance upon a information when grant and for how  long post pl per holt c j in a information if the defendant come in upon the  first process he have a imparlance of course but if upon the attachment he  must plead instanter Salkeld er p
anonymous hill will B R in case of amendment of record in B R by the record in  c b the cost if any must be give below the rule in c b be to give cost if the  writ of error be waive but not else vide lill the clerk of the treasury of the  common plea attend with the record here and it be move that the transcript in  B R may be amend by it hall oppose it till they have the cost of the writ of  error allow they et per holt chief justice you shall have insist for the cost  in c b before the party have liberty to amend this way of amend the record  here by the record there be the course of the court and only to save a  certiorari for if the record be right below upon diminution allege the party  may have a certiorari of common right therefore these amendment can be oppose  nor do I ever know it do be only to save the charge of a certiorari b b vide  will Salkeld er p
anonymous hill will B R justice may force a master to take a apprentice per  holt c j that the session have not original jurisdiction to discharge  apprentice show Mod side W chap contra vent side cart post contra Mod lev salk  sand Mod case Carth skin the justice may force a master to take a apprentice  for by the statute the justice be to put they out and therefore must be  construe to have consequential a power to compel the master to receive he and  if the master turn he away they can make he refund lev upon a order make at  the session to discharge the apprentice it do not appear that he apply himself  first to a justice of peace and holt c j be of opinion the justice have power  to make a order and if obey by the master then the session can have no power  if disobey then the justice upon complaint may bind the master to the session  and that the session have no power otherwise Turton and gold content that he  can not bind over Adjournatur Salkeld er p
anonymous hill will B R nonsuit in c b new ejectment bring in B R and stay  till cost pay vent Andrews side Mod h bring a ejectment in c b and at the  assize be nonsuit and cost be tax upon the nonsuit the plaintiff bring a new  ejectment in c b and a rule be make to stay all proceed till the cost of the  nonsuit be pay then he bring a ejectment in B R and upon produce the rule of  the court of c b the same rule be make here a a vide barn Bl Rep r send for  Str
anonymous hill will B R per holt Ch just at commonlaw fine be levy upon any  original writ as upon a writ of entry writ of right c as well as upon a writ  of covenant and they may be levy for any thing for which a prcipe quod To give  back or to let pass lie and they be leviable in county palatine by the statute  h cap and and Edward cap
anonymous hill will B R process in hearing complaint lill Carth if a hearing  complaint be find upon a record or the party be in custody the process upon it  be a to know facias but if it be ground on matter of fact or the party not in  custody the process be a venire more Trin W B R hold so again
anonymous hill will B R refer to mayor of London v Cox l r h l prohibition  shall not go for a modus or other foreign matter unless it be plead below post  in the bishop of Winchester case   it be hold that in a suit for tithe in the  spiritual court h may have a prohibition suggest a prescription or modus  before or without plead but this seem not to be law for W B R a prohibition be  move for suggest a custom c et per holt c j and the court it be deny unless  they plead it below because perhaps they may admit the plea also W B R it be  say by holt c j that if a modus be plead in the spiritual court and admit no  prohibition shall go but if the question be whether a modus or no modus a  prohibition shall go and so be the law videlicet wherever the matter which you  suggest for a prohibition be foreign to the libel you must plead it below  before you can have a prohibition otherwise where the cause of prohibition  appear on the face of the libel
anonymous hill will B R rule to inspect the charter in order to make return  deny before a action on the case bring a mandamus be grant to admit I S mayor  it be move that the mayor in possession may have a rule to see the charter  that he may be able to make a return for the other who have sue the mandamus  be not right elect but it be deny for he may return that and in a action for a  false return shall have a rule to see the charter and take a copy and it be  say that the court be always upon that difference b b on a rule to show cause  why there shall not be a information in the nature of a quo warranto the court  make a rule for the defendant to inspect the charter and corporation book king  v Hollister Rep tempt hard vide king v Hostmen of Newcastle Str king v Purnell  will king v Bridgeman Str
anonymous hill will B R service upon the servant and acknowledgement of the  tenant that he receive it sufficient lill barn Bl Rep t r a motion be make for  a rule to plead in ejectment and the affidavit be that the declaration be  deliver to the servant of the tenant in possession and also that since that  the tenant in possession have write a letter to he which he very believe to be  his hand desire he be a attorney for the be Salkeld plaintiff to intercede  with the lessor who be a mortgagee for forbearance and the rule be grant  Salkeld er p
anonymous hill will B R side bail in debt upon a bind to perform covenant Jo  lev roll Rep Noy in debt upon a bind to perform covenant no bail shall be give  but with respect to the breach and the damage do thereby but the measure of  that shall be take from the plaintiff oath a a vide barn Salkeld er p
anonymous hill will B R vagrant to be send to the place of his birth and from  thence by order to the place of his settlement if h be settle at a become  afterward a vagrant some justice have think that to be a determination of the  settlement but I never can think so for if h be Salkeld er p find a vagrant  within Elizabeth c he may be send to the place of his birth but then by  Elizabeth c he may be send from thence as a poor person to the place of his  last legal settlement for his be send to the place of his birth satisfy the  statute of Elizabeth and so both the statute stand together per holt c j
Anonymous hill will B R where additional bail be put in the whole entry shall  be of that term there be a question if bail be put in in one term and new bail  be add the next term after if this shall be a bail as of the first term or  only of the term when add the clerk differ but the court be of opinion it be  only bail of that term when the additional bail be put in for they say it be  not bail till complete and accept and make the additional bail to be bail of  the first term may do wrong to a three person who may be a purchaser after the  first and before the additional bail be put in per cur
anonymous hill will c b vin ab adjudge that upon plene to manage plead the  defendant can give in evidence payment of judgement c since the issue join nor  since the writ purchase because the issue be whether plene to manage at that  time but though he can give such payment in evidence yet he may plead it
anonymous hill will mortgage and judgement to be pay by sale of land and bind  and debt on simple contract out of the personal estate the testator be seize  of land and possess of good devise blackacre to be sell and WhiteAcre to be  mortgaged for payment of his debt and die so much in debt that if both parcel  be sell the money arise by such sale will only pay the debt with a small  overplus account also the money arise by the sale of his good and chattel in  this case it be decree that all shall be sell that the mortgage and judgement  shall be first satisfy and that afterward if there shall be sufficient of the  personal estate to pay the bind then to pay the same or so much of they as the  personal estate will extend to pay and that so much of the bind as shall  remain unpay shall come in in equal degree with the debt upon simple contract  and be a charge upon the land for as to they bind have no preference in a  court of equity it be true as to good and chattel bind will have a preference  because the executor by law be bind to prefer they before debt on simple  contract b b vide note about marshal asset salk
anonymous hill will prohibition to the spiritual court for word vide Lut roll  side salk lev libel in the spiritual court by the husband and wife for call  the husband cuckold rule per holt Ch just that a prohibition shall go because  they can both sue in that court for that word Salkeld er p
anonymous hill will where a inferior court have no original jurisdiction  prohibition will not lie after sentence Ventr Mod Mod salk per holt Ch just  where a action be commence in a inferior court of law which have no  jurisdiction of the cause in such case a prohibition will not lie after  sentence but it be otherwise if the suit be commence in the admiralty or in  theSpiritual court for their law be different from we side contra
anonymous hill will where more money be lend to the mortgagor on bind he shall  not redeem without pay the bind decree by summer Lord chancellor that where  the mortgagee lend more money upon bind to the mortgagor he shall not redeem  till he pay the bonddebt as well as the money due on the mortgage but if he  mortgage his equity of redemption to another the second mortgagee shall not be  affect with he bind for it be but a personal charge upon the mortgagor a a  vide ac Coleman v winch p wms Shuttleworth v Laywick vern powis v Corbitt atk  Troughton v Troughton ves Holmes v bounce atk Lowthian v hassel bro Ch Rep  from these case it appear that the mortgagee may tack his bind against the  mortgagor his heir or beneficial devisee but not against creditor trustee for  creditor or other person entitle by a valuable consideration
anonymous if a attorney suffer a deed he have prepare to be execute before he  be pay for it he can afterward detain it for his fee it be rule at a trial at  nisi prius by holt chief justice pasch will mark that where a purchase the  interest of a lease for year and the write be leave in Lord Raymond er p the  hand of b a attorney to draw a assignment of it b draw it and it be seal but b  refuse to deliver it until a pay for it upon which a bring trover against b  for the deed that the action well lie because b may have a action for what he  deserve but he can detain for it ex relation nisi prive
anonymous if a rescous be return by a sheriff a attachment be to be award in  the first instance upon a motion for a attachment for rescue a person out of  the hand of the sheriff it appear that the sheriff have return a rescous a  attachment be award and by the CourtWhenever a rescous be return by a sheriff  a attachment be to be award in the first instance
anonymous if my feoff die I have no remedy against his heir the feoff shall do  act for the feoff good so if my feoff die and the land descend to his heir I  have no remedy against he Edward all the justice and this confidence extend  not only to the take of the profit but also that the feoff shall do act for  the good of the feoff and if the feoff require he to make a estate to any  other he ought to do it but thereof he ought to have request in write for he  be not to do it upon a bare message or upon desire by word only Henry and if  the feoff will have he make a estate to I for life the remainder in fee to b  though I will take estate yet b shall compel he to make estate to he in the  life of I ibidem finch so if the feoff be seize the feoff shall compel he to  sue a assize Edward
anonymous in a action bring upon a policy of insurance of a ship if it appear  upon the evidence that the ship be condemned by process of law and seize by  this sentence the property and ownership be destroy and there be no remedy  upon the Lord Raymond er p policy of insurance a rule by holt chief justice  may at guildhall pasch will a this doctrine must be understand to apply to  those case only where the forfeiture be not occasion by barratry for where it  be it can smith assignee of the commissioner of a bankrupt vers sir richard  Blackham in a action by the assignee of king bankrupt the plaintiff need not  prove the petition creditor debt it be rule by Treby chief justice of the  common plea at nisi prius at guildhall the sit after Michaelmas term will upon  evidence in trover bring by the plaintiff against the defendant after argument  of the counsel on both side that it be not necessary to prove that the person  upon the petition of who the commission of bankruptcy be grant be a creditor  of the bankrupt because upon view of the statute they do not require that that  it be not necessary to prove that the bankrupt be indebt in though the  practice have be to do so because though the chancellor frequent before be  grant a commission of bankruptcy require such proof yet it be only matter of  discretion in he
anonymous in a action of the case for word in a action upon the case bring for  slanderous word the case be this the defendant speak these word to the  plaintiff himself S thou art a perjure fellow thou have to take a false oath  and therefore thou art a forswear fellow whether these word be actionable be  the question Yelverton justice that they be not actionable for he may take the  money and not take the oath William justice those word be scandalous be a  great scandal to his name credit and reputation and a blemish and discredit  unto he and therefore actionable Fenner justice that the word be actionable if  one say of another thou do assault I on the highway to rob I these word be  scandalous and actionable so here in this case the word be actionable
anonymous in a action tam how in this court upon the statute of usury for  takingmore than per cent contra form stat there be a verdict for the plaintiff  and it be now move in arrest of judgement that it lie not in this court for  usury commit in London though it will lie upon the statute of James and in  truth the interest take here be more than per cent for there be four statute  against usury one in king Henry the eight S time a second in queen Elizabeth a  three in king James his reign and the last in king Charles the second and the  usury in this case exceed what any of the statute allow and since the  conclusion be general contra form to cause to stand it shall be intend  contrary to the form of that statute which allow the large interest videlicet  per cent or at least per cent and it shall not be intend of the last statute  which allow but per cent and then by the statute of James cap there shall be  no suit upon a penal statute but as that act direct which do not extend to the  court of exchequer unless the offence be commit in Middlesex also usury be a  offence at the commonlaw hale chief baron Jewish usury be prohibit at  commonlaw be per cent and more but no other and here the suit be for take more  interest than per cent shall be intend to be ground upon that statute that  forbid the take more than and by that law the suit be give in no court in  particular and therefore may well be prosecute here though if a particular  court have be name as in James it will have be otherwise and we will not  presume that a suit be out of our jurisdiction if we may safe and fair intend  that it be within it and if the law be hold otherwise many such suit in Com b  will be avoid and it will he of dangerous consequence and such usury be now so  common that all Hardres er p mean that may be must be make use of to prevent  it but the court take time to consider of it
anonymous in c b feign bail cause for the pillory two people put in bail in  feign name and because there be no such person they can not be prosecute for  personate bail on the statute James c so the court order they and the attorney  to be set in the pillory which be do accord strange report er p
anonymous in canc marriage portion a revocation of a devise a make his will  and devise l to his daughter provide she marry with the consent of her mother  otherwise only l after this in his own life he marry her and give l with her  and this be hold a revocation of the devise so as to deprive her of the other  vide Scotlon v Scotlon ante and the case cite in the note
anonymous in chancery if the plaintiff in chancery reply to a plea in bar he  admit it to be good in law it be a rule in the court of chancery that if the  defendant plead in bar the plaintiff must either set down the plea to be argue  if he think it not good in law or if he think it good he must reply to it and  put the fact of the plea in issue and when the plaintiff have reply he thereby  have admit the plea to be good in point of law Wilson king bench er p
anonymous in debt on a bind for twinte pound the declaration must be twenty  pound on debt on a bind if the obligation be false Latin the declaration ought  to be good and true Latin as if the obligation be wiginti the declaration  shall be twenty and then the court be to construe it if it be a variance
anonymous in debt upon a bailbond if the defendant in his plea state a arrest  upon a different writ from that upon which the bind be give and the plaintiff  in his replication set out that writ he shall not traverse the arrest by the  other but the traverse will not make his replication have in debt upon a  bailbond the defendant plead the statute of h c and show a arrest by a wrong  writ the plaintiff reply and show the right writ and traverse the wrong writ  the defendant demurrer and exception be take that the plaintiff shall not have  traverse the wrong writ accord to sand Lord Raymond er p Bennet v Filkins holt  chief justice the plaintiff have no need to traverse the wrong writ but only  to reply the right writ and rely upon that for it may be there be two writ and  the defendant may be arrest by virtue of they writ returnable die March c and  then the other writ may come to the sheriff returnable die Mercury which come  to his hand when the defendant be in custody amount to a arrest in law and he  may give a bailbond to appear upon it therefore the traverse be not so good  but the plaintiff have judgement ex relation mri Jacob
anonymous in ejectment the confession of lease entry and ouster supply the  necessity of actual entry note in Hilary term car in the king bench it be  declare by Scroggs chief justice to be the opinion of all the judge that where  a entry be require and even necessary the confession of lease entry and ouster  supply it a the court give no opinion whether a mandamus will lie for the  admission of a canon SC Jones but the mandamus be refuse because it be state  that there be a custom in the cathedral to choose a supernumerary when all the  stall be full which the court hold to be ridiculous and void SC skin SC Jones  it be however determine that a mandamus will lie to a dean and chapter to  admit a prebendary to his stall king v dean and chapter of Norwich stram or to  fill up a vacancy among the canon residentiary bishop of Chichester v Hanward  term Rep shower KB er p though no actual entry and this he speak for the  satisfaction of the bar it have be a question oftentimes upon trial a
anonymous in error a inferior court may increase damage on view of a maim I  vent the side Mod keb latch on error to reverse a judgement in a inferior  court in a action of battery the sole error be assign over as far as videlicet  that the inferior court have increase the damage give by the jury on view of  the maim make by the say battery videlicet the dislocation of the hipbone and  the counsel for the plaintiff in error move that the inferior court have no  power to do this and cite Rastals entry fol that the maim ought to be adjudge  per vis cur hic but per cur the inferior court have power to judge on their  view of a maim and to increase damage and the judgement be affirm and  Pemberton chief justice then say that maim in this case of increase damage  shall not be strict and rigorous take and that for a barbarous battery as for  cut off a nose and the like the court may increase damage see Leon part p dyer  a e h e
anonymous in indebitatus assumpsit upon a accuse computasset and non assumpsit  plead it appear upon the evidence at the trial at lend assize at east  Grinstead in Sussex will that the debt for which the account be make be in  right of a to who the plaintiff be executor and holt chief justice seem to be  of opinion that it be against the plaintiff but order that it shall be save as  a point for his opinion and that in the mean time the plaintiff shall have a  verdict subject to his opinion
anonymous in Middlesex in person Pratt chief justice declaration of wife where  evidence against her husband the chief justice allow the wife declaration that  she agree to pay S per week for nurse a child be good evidence to charge the  husband this be a matter usual transact by the woman William v Johnson ante  strange report er p strange michaelmas term george king in b r sir JohnPratt  Knt Lord 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
anonymous in person holt c j at nisi prius at Hertford salk vide roll Abr holt  c j in debt for rend upon nil debet plead the statute of limitation may be  give in evidence for the statute have make it no debt at the time of the plea  plead the word of which be in the present tense but in case on non assumpsit  it can be give in evidence for here the plea speak of a time pass and relate  to the time of make the promise
anonymous in person holt c j at nisi prius at Hertford vide roll Abr ante it  be adjudge per holt c j that in debt for rend upon nil debet plead the statute  of limitation may be give in evidence for the statute have make it no debt at  the time of the plea plead the word of which be in the present tense but in  case on non assumpsit the statute of limitation can be give in evidence for it  speak of a time pass and relate to the time of make the promise a a r send for  ld raym way note to heyling v Hastings ante anon ante
anonymous in person holt can at nisi prius son take the father money and give  it to h and the son evidence admit in trover against h side far Mod lev Mod  case in trover for money the case be upon evidence that the plaintiff son have  a general authority from his father to receive and pay out his father money  the son take a bill for money due to his father and receive it without a  particular authority for that purpose and this receipt be with a intent to  embezzle and spend it but he give a receipt as for money have to his father  use and this money be give to the defendant the question be saint if the son  can be a witness in this case to prove the delivery and dly whether the father  can maintain a action of Salkeld er p trover holt c j be of opinion that the  son may be admit as a good witness his testimony be corroborate by other  circumstance and that the action be maintainable for the father for that the  general authority that the son have to take his father money make the receipt  of the money to be to his father use and a good discharge of the debt so as  that the father Salkeld can not avoid the payment and charge the person that  pay the money with a action and then if the payment be a good discharge it be  reason it shall be his money and the possession of the son be the possession  of the father the son be to this purpose as his father servant and accord to  this opinion the plaintiff have a verdict but he say he be Willing to have a  case make of it but the defendant acquiesce in his opinion a a r send for Cowp  that a action lie against a lotteryofficekeeper for money which he receive  from a servant who have embezzle it and that the servant have a release be  admissible as a witness in trover against a pawnbroker the servant embezzle  his master good and pawn they will be admit to prove the fact bull n p
anonymous in person Pratt c I at guildhall if the first contract with warranty  be break off the warranty will not extend to a subsequent sale the defendant  come to the plaintiff who be a swordcutler to sell he a second hand sword and  upon his warrant it to be a silver hilt the plaintiff offer he a guinea and  half for it the defendant refuse to take the money and thereupon go to several  other swordcutlers but not meeting with any that will give so much as the  plaintiff he come back to he and tell he he shall have it for the price he  offer the plaintiff upon that think to have it cheap refuse to give the guinea  and half and at last beat down the price to S which be pay the defendant for  the sword afterward the plaintiff find that the gripe of it only be silver and  the rest of the hilt be brass upon which he bring his action against the  defendant strange and declare upon the warranty of the hilt be silver when in  fact it be brass but not be able to prove a warranty upon the second bargain  he be nonsuit the chief justice be of opinion that the warranty upon the bid a  guinea and half will not extend to this sale which be a new and different  contract at a different time also he seem to be of opinion that the gripe be  silver the plaintiff shall have declare special on a warranty of the rest of  the hilt only and have say that that part be brass
anonymous in replevin in the court at Canterbury the defendant avow for rend  afterward this be remove by the plaintiff into the king bench and the  defendant pray a procedendo because Canterbury be a county of it self and no  assize there and so the cause can not be try but the court deny it save it be  their own fault that they have not the assize there and every subject have the  liberty of remove his suit into a superior court Twisden say he have former  know it to be deny in a ejectment
anonymous in sue a hearing complaint on a release the release must be prove  upon the allowance of a hearing complaint surmise a release the release ought  to be produce under seal and receive and approve in court by witness viva  voice
anonymous in trespass for take and carry away good the value must be state in  case of to take in hand et to lead away the price and value ought to be allege  by the rule of the register but not so in case of detention or wrong do to  good a see bend v baker term Rep b see the case of king v carpenter ante c  term Rep d see the case of king v smith and other where it be resolve that a  bill of exception do not lie in this court on a trial at bar post but in the  case of king v Preston on the hill where it be hold that a bill of exception  will not lie at session on a question respect the removal of a pauper Lord  Hardwicke consider it as a settle point that a bill of exception will lie on a  trial at bar burr SC shower KB er p
anonymous infancy in dower shall be try where the land lie by Mr pollexfen in  real action as dower or the like where infancy be in issue it shall be try  where the land lie a but in personal action where the action be bring
anonymous intent specify in a feoff to use when the use be to the feoff and  his heir without any other intent there beneficiary and use may declare his  will thereof and may vary at his pleasure but if it be to any intent certain  as to take back a estate tail or with remainder to other then he can change it  for the interest that be in other Edward a
anonymous Ireland be beyond sea within the statute of limitation hold by holt  chief justice upon the statute of limitation James c that Dublin or any other  place in Ireland be beyond sea within the meaning of that clause in that  statute rule so by he upon consideration memorandum error in the declaration  can be urge on plea in abatement in the case of chamber v garret this term  holt chief justice refuse to permit I to urge or argue any exception to a  declaration upon a demurrer to a plea in abatement shower KB easter term the  second of William and mary in the king bench sir John holt Knt chief justice  sir William dolben Knt sir William Gregory Knt sir Giles eyres Knt justice sir  George Treby Knt attorney general sir John summer Knt solicitor general
anonymous it be rule by holt chief justice at Dorchester lend assize will that  if a possess of a term for a hundred year grant the land habendum for forty  year to begin after his death it be a good new lease and a man possess of a  term for twenty year may grant the land for nineteen year to commence after  his death and it will be good for so many of the twenty year as shall be  unexpired at the time of his death
anonymous it be say by holt chief in B R mich will that if a man destroy a  thing that be design to be evidence against himself a small matter will supply  it and therefore the defendant have tear his own note sign by he a copy swear  be admit to be good evidence to prove it
anonymous January on appeal between Gargrave alias fan and examination in  chancery use in delegate the judge and civilian on debate rule that the  testimony of one Nevil who be examine in chancery between the same party and  cross examine there shall be read before the delegate though it be object that  the appellant here shall take the advantage here which he shall have have if  he have be cross examine for cross examine a witness set he upright in  chancery but not here
Anonymous Jenkins er Jenkins case LXXV Elizabeth Englefields case Cr use  disjunctive exposition de parols a covenant in consideration of natural  affection to stand seize to the use of himself for life and after his death  that the say land shall descend or remain to his cousin b in fee resolve by  all the judge of England that no use be raise to b by reason of the say  disjunctive remain or descend and that it be only a covenant
anonymous joint tenant one take the profit two joint tenant the one take the  whole profit no remedy for the other except it be do by agreement or promise  of account that June Eliz case of Kingston upon Thames caryi er case OF  KINSONUPONTHAMES defendant examine as a witness a defendant not be a principal  defendant may be read as a witness if he be examine on the plaintiffs party in  another suit between other person in case of kingstonuponthames that June Eliz
anonymous judgement may be enter against husband and wife on the warrant of  the wife dumb sola note that if a woman give a warrant of attorney and then  marry you may file a bill and enter judgement against both by the practice of  the court rule upon motion a b in the case of glazier v glazier burr the  testator in the year make a will of land and in the year make another will in  which he give land to the same devisee both will be find in the testator  custody at the time of his death the second cancel and the first cancel the  question be whether the cancel of the second will be not a revocation of the  first the court be of opinion that it be not a revocation see the case of hide  v mason viner Abr see also Harwood v Goodright Cowp a but see the case of mad  and his wife v lee burr by which it seem that before judgement be enter leave  to enter it must be obtain from the court on a affidavit prove the marriage  see also term Rep shower KB er p
anonymous July a prior mortgagee may tack a subsequent judgement but a prior  judgmentcreditor obtain a subsequent mortgage can a prior mortgagee however  can tack a bonddebt against the mortgagor his assignee of the equity of  redemption or creditor though he may as against the mortgagors heir to prevent  a circuity see Jones v smith Ves jun c Adam v Claxton Ves and ex part Knott  Ves supplement upon settle the priority of creditor after master report  defendant the mortgagee insist that he can not be redeem without be pay his  judgmentdebts and also a bonddebt in preference to the plaintiff claim under a  deed of trust by the mortgagor in his lifetime convey the equity of redemption  and that though a bind can be tack against the mortgagor himself come to  redeem it may against the heir of mortgagor and the plaintiff come after  mortgagors death stand in place of the heir Lord chancellor the ground upon  which the court do it against the heir of mortgagor be because otherwise there  will be a circuity for after redemption it be asset in his hand but if  mortgagor in his life convey the equity of redemption it be another thing this  distinction have be take it be hold that a prior mortgagee have a subsequent  judgement may tack the judgement to the mortgage but a prior judgmentcreditor  get a subsequent mortgage vesey senior can do it because the judgement be not  a specific lie upon those land that be he do not go on the security he have  not trust to the credit of the estate as to the two judgement which be prior  to the deed of trust the defendant chamber ought to have the benefit of they  and as to what be report due thereon be entitle to a priority to the creditor  under the deed of trust but the bind can be tack the bind be a charge upon the  asset and the court never do it against creditor Reg lib a fol the name of  this case be Jackson v Langford
anonymous July at the roll though the court decree specific performance of a  agreement to let the plaintiff into a trade it refuse to direct a account of  the profit from the time the plaintiff ought to have be admit his remedy for  that have be at law where a trustee have a infant money to lie out for his  benefit and employ it in his trade the court will give a option for the  benefit of the infant either to have interest or the profit of the trade et  vide accord Raphael v boehm Ves Ves and supplement on a bill for specific  performance of a agreement to let the plaintiff into trade his honour say he  never know a instance that the court decree a account of the profit of vesey  senior that trade from the time the plaintiff ought to be let in as be now  desire where a trustee have money of a infant to lie out in the fund for the  infant benefit and lie it out in trade which produce pound per cent the court  will give that infant a option either to have interest for the money or the  profit of the trade but that be a very singular instance and the only one of  that kind and he know it do in the case of a brewhouse the court will not  decree performance of a agreement for let the plaintiff into a trade and then  decree damage for the plaintiff for delay in not let he in soon for that the  plaintiff may have have if he have use his remedy at law query whether as the  court see reason for its interference it ought not to have direct a account or  a issue quantum injure at the least et vide in Graham v Graham l Vol et  supplement p
anonymous July ecclesiastical court have jurisdiction as to churchrate this  court not ancillary thereto see in earl of Derby v duke of Athol Ves sen Mitf  Tr d edit coop Tr beam plea in equity and it be however to be remark as notice  there note and ibidem that although the court of chancery will not aid the  ecclesiastical court with a mere discovery for the reason give above it will  yet assist their judgement see Mitf there refer to cite read v read Ch can and  smithson case Ventr et vide shaftoe v shaftoe Ves on motion relative to a  proceed in ecclesiastical court for a churchrate Lord chancellor will not  receive it it be turn every thing into English bill in this court the  ecclesiastical court have jurisdiction of it if there be any thing like  prescription to discharge therefrom that must be plead and deny which be the  common case of a modus for which there may be a suit in the ecclesiastical  court or for a customary payment as well as for tithe if the modus be admit  they may go on in the ecclesiastical court if deny indeed there must be a  prohibition next as to the discovery seek the come into this court in aid to  the ecclesiastical jurisdiction be always deny here atk the plaintiff can  because this court will not be ancillary to that nor do the defendant there  want it because he may exhibit article in that court and have a answer on oath  which be the constant method there vesey senior er p
anonymous July injunction bill by principal debtor for injunction be dismiss  the bail can bring another take up the same equity unless for collusion a bill  by the principal debtor to stay proceed in action at law be dismiss the bail  bring another bill for the like injunction Lord chancellor upon show cause  against dissolve the injunction say that where the equity be determine as to  the principal by dismission of his bill either on hear or for want of  prosecution he never know a instance of a new bill by the bail to the action  take up that equity which will be most dangerous to admit the common method of  proceed be where the principal bring a bill against a action at law and  injunction be grant it be a motion of course notwithstanding the injunction to  proceed to make the bail liable see however Bullen v ovey Ves and the  observation in the supplement p if the doctrine now insist upon be true it  will be necessary to make the bail party to that bill for it be now say that  the bail be not bind in that suit if so and if other person be allow to set up  the equity again and overhawl the whole matter injunction to stay proceed at  law will never be at a end and the plaintiff at law may never come vesey  senior er p at his right or at least can not get out execution until after a  great number of year and it will be necessary to have a act of parliament  against the power of this court to grant injunction but notwithstanding this  if there be a collusion or a charge in the bill of collusion between the  principal defendant at law and the plaintiff at law and the injunction be  dissolve by collusion in order to charge the bail at law the bail may take up  the equity but it will be then a new equity for fraud and collusion affect  every thing and will give a right to resort to the original equity but in this  case there be no pretence of it therefore dissolve the injunction absolute
anonymous July interest not allow on arrear of jointure except on a very  special case indeed vide Creuze v hunter Ves jun c and the note to duke of  Bedford v coke ante supplement p supplement exception by the representative of  mrs Guidot to the master report for not allow inter for arrear of her jointure  vesey senior Lord chancellor say wms Talb atk atk the rule of the court for  allow interest for arrear of a jointure be not general but the court will  expect a special case to be make for that as the be oblige to borrow money and  to pay interest for it and then the court will give interest from a reasonable  time but this not be within the decree nor within the reason of those case he  will not allow it the name of this cause be Bicknell v Brereton see Ves jun  vesey senior er p
anonymous July Reg lib a fol the name of this case be Jackson v Langford see  Jones v smith Ves jun vesey senior supplement c Adam v Claxton Ves and ex part  Knott Ves
anonymous July the affidavit to ground a writ of ne exeat royal power must not  only state that the defendant be equitable indebt in a specific sum but must  mention the fact on which it arise c for the general doctrine as to this writ  see Mr beam treatise on it and see Cox p W five edition bro cook v ravie Ves  shaftoe v shaftoe Ves Oldham v Oldham and etches v lance ibidem Tomlinsin v  Harrison Jones v Samson Amsincke v Berkeley Ves also Ves and Jackson v Petrie  ibidem gardener v Ves Jones v Alephsin Ves Collinson v Ves Musgrave v Medex  Meriv utten v utten ibidem Howden v Roger Ves b and Atkinson v Leonard bro and  more particular mention by Lord Eldon c in Howden v Roger Ves b dick v Swinton  ibidem and reins v wise Meriv supplement on a motion for ne exeat royal power  Lord chancellor a affidavit to find such a writ upon must not only say that  the defendant be indebt such a sum but must also mention the fact on which it  arise and on which it be ground and in this case the bill be against all  administrator the affidavit ought to swear or to the best of his knowledge or  belief that asset have come to his hand because the demand arise in after law  otherwise it can be hold one who will not be hold to bail at law and will  detain a person here who they have no right to detain the demand arise in  auter law vesey senior er p
anonymous July vendor of land take a lease of they at such a rend with  condition of reentry and give collateral security for the payment of the rend  and a reentry vendor can have no relief against the collateral security  without payment of the arrear the plaintiff executor for child be to purchase  land for they and treat with the defendant who affirm that the land be pound  per Ann value and offer to take a lease at that rate for fourteen year and do  take it and secure the rend by land of life worth pound per Ann but pay not  the rend for five year case in chancery er p whereupon a reentry be make  accord to a condition in the lease and the land so enter into possess for  diverse year the vendor can have no relief against the collateral security  unless payment be of the arrear of the pound per Ann due before the reentry as  well as after the reentry the land sell be worth but pound per Ann
anonymous July will attest by three witness though at several time good by a  decree in chancery a will of land attest by three witness who at several time  subscribe their name at the request of the testator but be not present at once  together be a good will within the statute
anonymous June when the defendant may or may not move to dismiss if a  replication be put in to a answer and a commission be take out and the  deposition return so long as those deposition be in be the defendant can move  to dismiss whatever delay the plaintiff be afterward guilty of but he must set  the cause down to be hear ad requisitionem to ward off but if he suppress the  deposition upon the delay of the plaintiff after defendant may move to dismiss  for want of prosecution
anonymous jurament to bring away ex part where the complainant will rest upon  the oath of the defendant and be content to be judge thereby there the oath of  betray be hardly grant
anonymous juror in a writ of inquiry can be challenge vent cro vent vent cro  cro sir Christopher blunt case rule that where there be a writ of inquiry for  damage the juror can be Salkeld er p challenge as other juror may because this  be only a inquest of office but yet it be in the discretion of the sheriff to  admit such a challenge if it appear to be a good cause of challenge challenge  to the array for that the sheriff have not take the test say per curian this  be no good cause of challenge for he be still sheriff de facto and it will be  very bare for plaintiff in every trial to prove that the sheriff have take the  test when the jury be of a town corporate it be no challenge that they be not  freeholder but where they be not of any corporation it be a good challenge  information against the defendant for forgery one of the juror be challenge  for that the prosecutor be Salkeld late entertain at his house and this be  allow a good challenge to the favour information of intrusion a juror be  challenge for want of freehold be have only S per annum but per curian any  freehold be sufficient at commonlaw and though the statute of h require S and  the Elizabeth where the damage exceed mark yet this be only between party and  party and not where the queen be concern a a by W m ch juror in criminal case  as well as civil be require to have freehold of a year chancery
anonymous justice sequitur law conscience never resist the law nor add to it  but only where the law be direct in itself against the law of God or the law  of reason for in other thing equitas sequitur law saint germane fol caryi er p
anonymous justify detain of evidence and in that case the defendant make title  to the land and justify the detain of the evidence for maintenance of his  right whereupon it be order that the complainant shall bring a action for the  land at the commonlaw to which the defendant shall plead in chief and that he  for who the verdict shall pass shall also have his possession stall here  Elizabeth
anonymous KB a application to set aside a award must be bring within the time  limit by and W c but on show cause against the rule for a attachment affidavit  may be produce impeach the award application have be make in order to enforce  the execution of a award by a attachment Mr Pratt on the other side move to  set aside the award the arbitrator have proceed ex part but the court deny the  motion say he be bar by the statute of Kenyon king William which limit  application of this sort to the next term after the award make add however  that they may have the benefit of their objection to the award on show cause  against the rule for the attachment and Mr justice denison say it have be  often so determine Mr Hume Campbell e wear down say there be a case in the  that of the king wherein it be determine not to be sufficient cause and as it  have therefore be determine both way be hope it will be consider as res  integran Mr Pratt observe that the plaintiff can not apply to set aside the  award till the submission be make a rule of court which be not do till last  term and that may deserve some consideration but the court say the Act be  express in confine these application to the next term after the award make and  that either party who will enforce or set aside the award may have apply in  season if he have please to have it make a rule of court and it be his own  fault if he have neglect it ut denison justice add that the court will hardly  grant a attachment on a void award though the party injure by it have suffer  the time for set it aside to elapse on a subsequent day in answer to a rule  for a attachment to enforce it affidavit be produce impeach the award and the  court incline that a attachment not be the only or necessary way of proceed to  compel performance of a award advantage may be take of the irregularity this  way though the time for set it aside be elapse so it be move that those may be  file and the other party have a opportunity of answer the fact
anonymous KB a defence not insist upon below can be set up in error error on a  judgement give in the palace court one count in the declaration be for money  lend the defendant appear by guardian as a infant and plead non assumpsit  verdict for the plaintiff and entire damage it be now allege for the defendant  that as it appear on the record that he be a infant the plaintiff ought not to  recover for money lend as a infant can not contract such a debt and for this  be cite Mod and Mod say per cur it do not appear to we that the defendant  insist on this defence below we will horned owl believe that he be in fact a  minor but for any thing that appear this may be a scheme to endeavour to  defeat the plaintiff action judgement affirm
anonymous KB judgement against the casual ejector not to he have in a future  term Mr Lawson move for judgement against the casual ejector in a Middlesex  ejectment the notice be to appear of last term the court upon consult the  officer hold it can not be do
anonymous KB not allow to serve a rule nisi for a information on a clerk in  court employ former by the defendant a rule have be obtain to show cause why a  infornia I cion shall not be grant against a b and c and they baVing be serve  with it Mr Hussey show cause that the affidavit on which the rule be obtain be  entitle in the cause king v a b and c whereas they shall have no title Mr  Norton e wear down admit this and say they have now amend their affidavit by  strike out the title and reswearing they and as the party live at so great a  distance that there can not be time to serve they with a new rule time enough  to show cause this term he move that service on their clerk in court may be  deem good service to which the CJ incline and say it be common to make such a  rule where the party abscond c but Mr Hussey strong oppose this as a new and  dangerous practice for there be in fact no cause in cor nor any clerk in court  for the defendant and because they in a former cause employ a particular clerk  in court that they must therefore never employ any other Kenyon will be very  arbitrary and yet this will amount to as much for in fact the first rule can  have no effect nor do it hear any relation to that now apply for and to call  upon a man to answer criminal upon notice to one be may have no connexion with  will be extreme bare upon this the court deny that part of Mr Norton motion  and grant a rule to show cause in the common way
anonymous KB Schievers case burr prisoner of war not removable by habeas  corpus Mr stow move for a habeas corpus to bring up a Swedish sailor take on  board a French prize and detain as a prisoner of war in order to his discharge  upon a affidavit that he be first in the service of a English merchantman and  be take by a French privateer be force by the Frenchman put on board the prize  to navigate the ship in which situation she be retake by one of our shipA and  the Swede with the French crew make prisoner of war that he be desirous of  serve the English merchant c per cur haec the king prisoner of war and we have  nothing Kenyon to do in that case nor can we grant a habeas corpus to remove  prisoner of war his be a native of a nation not at war do not alter the case  for by that rule many Frenc prisoner may be set at liberty as they have  regiment of many other kingdom in their service as germane Italian c but if  the case be as this man represent it he will be discharge upon application to  a secretary of state vide Barton Herndricks case hill Geo
anonymous land sell in two county and livery make only in one so if a man sell  land in two county for money and make livery in the one only he shall be  compel in conscience to perfect the assurance by another livery doctor and  student for the contract fail in a circumstance or ceremony
anonymous lease convey in trust to pay debt Henry earl of Derby convey certain  land in trust to doughty his servantfor the payment of his debt upon mediation  of a end of controversy between the daughter of Ferdinand old son of Henry and  William his young son now earl article be set down that William shall  discharge all his father debt whereupon doughty convey the lease to William  the creditor sue doughty in chancery and order to pursue their remedy against  earl William hill James
anonymous lease devise to his wife on confidence to come to his son not  relieve doctor ford by his will devise certain land to his wife in these word  non per way trust undertaking for which his son may sue her but caryi hope if  his son grow thrifty that at her death she will leave the remnant of these  lease to he she marry Greysil but before marriage Greysil write unto her that  she shall have the dispose of those lease at her death after the marriage  Greysil sell the lease ford bring his suit in chancery and have no help by the  opinion of the court saint may Jacob Mews dig title will m construction king  bequest and devise trust b precatory trust
anonymous lease of corporation wherein their name be mistake by themselves the  dean and chapter of Bristol make sundry lease misreciting the name of their  corporation and a intricate case of sundry such lease make of one thing to  diverse man wherein the Lord chancellor say that it be fit to help such lease  in chancery be for reasonable time and upon good consideration contra of long  lease without consideration of fine or good rend and that judge may have do  well at the first to have expound the law so with averment that they be the  same party caryi and so be the old law till now of late especial where the  mistake arise on their part who have the keep of the evidence that which the  lease can not see but must take a lease by the college clerk in a writ where  you may have anew no harm to abate it for a misnomer and yet in that case  sometime in old time a averment of comer per lieu nosme et lauter where they  be sue by other and not name so by themselves d November James Mews dig title  corporation a corporate name and description b X contract by and with d lease  by title landlord and tenant e lease rectification see Slocombe v Ch can Ch  Croydon hospital v Farley marsh
anonymous lease parole boundary the number three Elizabeth the Lord keeper sir  Thomas Egerton pronounce open that he for avoid perjury and other abuse will  not give help to a lease claim by parole only Mews dig title landlord and  tenant d agreement for lease specific performance c part performance I general
anonymous lease parole item that he neither will help lease parole in chancery  and that it be good for the commonwealth if no lease parole be allow by the  law nor promise to be prove by caryi witness consider the plenty of witness  nowadays which be testes diabolices who to greater extent fame how hunger to  move that June James
anonymous lessee damage in waste moderate by the death of the lessor if a man  fall tree upon the land of a lessee for life and the lessee recover damage  amount to the Triple value that he ought to answer to his lessor in waste and  to the lessor die before any recovery in waste now the lessee shall not be  suffer in chancery doctor and student and Mews dig title landlord and tenant m  Covernants to repair g damage n other right and liability of landlord and  tenant wrongful act and nuisance b liability of tenant I to landlord
anonymous lessor to have the wood leave sufficient boot a lease be make of a  house and wood wherein it be covenantee that the lessee shall have caryi  houseboat and fireboot by this it be imply and mean that he shall not have any  of the wood to any other purpose but that they belong to the lessor and it be  usual to help he in the chancery to they leave sufficient for these boot
anonymous limitation stat James if a suit be in chancery for a debt for rend  by lease parole or simple contract and begin within time of limitation and be  dismiss after the time of limitation the court will not order the defendant to  take no advantage of the statute of limitation see Boscowen and Boscowens case  but if in such Suitthe party be stay by Act of the court as by injunction c it  be otherwise for the Act of the court shall do no prejudice as in case of  demurrer at commonlaw
anonymous londoner to serve on a jury out of London where the king be party a  man be cheat in a tavern in London and have give a judgement for the money  move here to have the judgement reverse for the fraud and the court for the  present rule the execution to be stay till the matter be examine and foster  and Twysden advice the party to bring a information against the cheat and also  against the vintner in who house it be in this court for they say that the  privilege of londoner not to be return of jury out of the city extend only to  case between party and party and not to case where the king be party
anonymous mandamus a mandamus be grant on sergeant Pengellys motion to swear  in a director of the amicable assurance which be a company create by charter  from the crown
anonymous mandamus the court refuse to grant a mandamus to justice to make a  rate to reimburse two of the inhabitant their charge in defence of a  indictment for not repair bridge see Geo c king v the inhabitant of Essex term  Rep No Rep S c
anonymous mandamus to churchwarden to call a vestry to elect churchwarden  refuse strange move for a mandamus to be direct to the churchwarden of saint  Botolph Bishopsgate command they to call a vestry in easter week for the  election of churchwarden but the court refuse it say there be no instance of  such a mandamus and they can not take notice who have a right to call the  vestry and consequent do not know to who it shall be direct mandamus to  churchwarden to make a rate for repair of a parish church deny king v  churchwarden of saint Peter Thetford term Rep strange report er p
anonymous mandamus to commit administration I side lev Sti strange move for a  mandamus to the official of the bishop of Gloucester to commit administration  to the widow of a intestate say per curian that will be to deprive the  ordinary of his election in grant it to her or the next of kin therefore take  your mandamus general to grant administration of the good of the intestate but  a mandamus will lie to grant it to the next of kin the widow be dead king v  doctor hay black et vide Lovegrove v bethell ib
anonymous manor demise except the court baron the Lord north demise a manor  except the court baron and perquisite c the exception be find void in law and  the tenant lady Dacres will not make suit to the court keep by the Lord north  but the Lord keeper puckering assist with some judge decree her to make suit  for that it be plain so intend Mews dig title copyhold b court
anonymous master of ship prohibit to sue the partowners in the admiralty for  seaman wage which he have pay move for a prohibition on a suit in the  admiralty by a master of a ship against the partowners for seaman wage he have  pay off the seaman and will now stand in their place and per cur it be grant  for when the master have pay the seaman and they be discharge there be a end  of that privilege and indulgence to seaman which be personal and can it be  transfer
anonymous message cum reach carry the land use with it a message be demise cum  appurtenance only but for that sundry land have be occupy therewith for the  same rend and by the same word the Lord chancellor Bromley by advice of the  judge order those land shall now pass also yet in law they do not pass as some  justice hold
anonymous mich Ann B R counterpart be not evidence unless old or in case of a  fine lev Mod case salk far keb holt S C vin per holt c j in a case in my Lord  hale time between comb and Mayo a counterpart of a ancient deed be admit as  evidence of the deed and the special verdict be draw up as find the deed with  a prout to stand open by the counterpart which Salkeld er p he say be do to  preserve the precedent and now by all the court the counterpart of a deed  without other circumstance be not sufficient evidence unless in case of a fine  in which case a counterpart be good evidence of itself a a per ld Hardwicke  atk the rule of evidence be that the best evidence the circumstance of the  case will allow must be give if a original deed be lose the counterpart may be  read and if there be no counterpart forthcoming then a copy may be admit and  even if there shall be no copy there may be parole evidence of the deed and  the manner of its be lose vide ambler
anonymous mich Ann B R discharge by court not have jurisdiction be void cro et  roll Abr pl Mod debt for upon a bind condition to pay for want of bail the  defendant be commit to the marshal and he apply to the justice of peace of  Surrey and procure a discharge on the late Act for the relief of insolvent  debtor the plaintiff obtain a escapewarrant upon which he be take up and upon  a motion to be discharge the court hold this be a escape for be a prisoner  both indebt and also charge in above debt and damage the justice have no  authority for what they do and therefore the discharge be illegal and void
anonymous mich Ann B R habeas corpus lie not to county palatine habeas corpus  ad respond be grant to the county palatine of Chester and afterward supersede  upon the motion of Mr Cheshire who cite two precedent Salkeld er p heir
anonymous mich Ann B R process be ancient enter upon the roll Danv heretofore  when a writ issue out of B R it be enter upon a roll so that though the  officer do not return the writ at the day yet the defendant may appear at the  day and shall be receive so to do either to save a penalty or his inheritance  and so they do in the common plea they enter the writ upon a roll by way of  recital videlicet dominus king to cause to go breve suum enclosed space in hc  word c per holt chief justice Salkeld er p Salkeld apportionment and division
anonymous mich Ann B R Q Mod how manv day between the testae and return ante  pal a rule be make the first day of this term videlicet that if the  corporation to which the mandamus be send be above forty mile from London then  there shall be fifteen b day between the testae and the return of the first  writ of mandamus but if but forty mile or under but eight day only and as to  the alias and pluries they make no rule but will consider of that and that the  writ shall not be test before it be grant by the court so that the alias and  pluries may be make returnable immediate as they use to be also the court say  that at the return of the pluries if no return be make and there be a  affidavit of the service there shall go a attachment without hear counsel to  excuse the contempt b the rule here mean be produce in the case of king v  majesty et Jur de Dover Str it appear to be fourteen and not fifteen day as  here state it have the word ad minus accord it be rule in the say case in Str  that fourteen day be the proper time the one to be inclusive and the other  exclusive so that a writ test the that may be returnable the that Salkeld er p
anonymous mich Ann b r reason of amendment while inpaper since plead in paper  be now introduce instead of the old way of plead over as far as at the bar it  be but reasonable after a plea to issue or demurrer join that upon payment of  cost the party shall have liberty to amend their plea or to waive their plea  or demurrer while all the proceed be in paper
anonymous mich Ann B R return in English allow Mod one that make and sell  cyder be convict for not pay the duty upon the late statute and on a  certiorari to remove the conviction the justice make his return in English  which Mr Cheshire move to quash but it be allow to be good in this case
anonymous mich Ann date of a deed either express or imply per holt Ch just a  date of a deed be either express or imply the express date be the very day and  year in which the deed be make and this be always intend when in plead it be  say bear date the other be the imply date which be the delivery Salkeld  default
anonymous mich Ann judgement in ejectment one die execution may be take by the  survivor Mod it seem you may take out execution in ejectment if the defendant  die within the year though not in other personal action unless execution be  take out in the lifetime of the party after judgement in ejectment where there  be more plaintiff or defendant than one after the death of one of they  execution may be take out by the survivor without a to know facias upon make a  suggestion on the roll that one of they be dead but it may be a question where  there be but one defendant whether execution can be take after his death  without a to know facias a a Q if the word two plaintiff do not mean two  lessors Salkeld er p
anonymous mich Ann S C ld raym offence not indictable if another punishment be  prescribe by the statute before S p car cap par vide hawk c S Str the  defendant be indict for assault and beat a customhouse officer in the  execution of his office but this indictment be quash because by the statute  car a particular method of punish offender of this nature be prescribe  videlicet by fine and imprisonment by the justice of peace and per curian so  it have be resolve by all the judge at sergeant inn in a case between the king  and Watson a a quaere if this be not a offence at commonlaw if so indictment  will unquestionable be maintainable the act be mere positive vide as to the  offence g ch
anonymous mich Ann salk S C Farresley a order be make concern foreign salt and  the certiorari be to remove a order concern salt certiorari to remove a order  make upon W r concern foreign salt and the order be return it appear to be for  salt only and a motion be make to quash the order for a fault therein the  attorneygeneral Northey object against the certiorari that it be misconceive  for there be no such order to be remove quod curian to go away for a  certiorari to remove a order make concern foreign salt will not remove a order  make concern salt general it shall have be to remove all order concern W r for  which reason it be quash
anonymous mich geo per cur money may be pay into court upon the common rule  after rule to plead be out at any time before plea plead
anonymous mich in house nobles consider Omerod v hardman Ves apply Scott v  clement ir Ch r land settle in trust to pay debt be discharge as soon as the  money be raise though misapply by the trustee Mod case c a man limit a estate  to trustee for payment of debt and legacy the trustee raise the whole money  and the heir pray to have the land and this be oppose because the trustee have  not apply the money but convert it to their own use so that the debt and  legacy remain unpay it be resolve that the heir shall have the land discharge  and the legatee shall take their remedy against the trustee for the estate be  debtor for the debt and legacy but not for the fault of the trustee and  therefore be only liable so long as the debt Salkeld c shall or may be pay and  where the land have bear once its burden and the money be raise it be  discharge and the trustee liable a a r ac carter v Barnardiston p wms
anonymous mich W B R order to remove a poor man and his family quash a order  make to remove a poor man and his family from h to c be quash because all may  not be removable for if a widow have child in a parish where she be settle and  marry a husband settle in another parish if those child be above seven year  old they be not to be remove
anonymous mich W B R see Mod bind to the marshal to be a true prisoner good  per holt c j it be adjudge in the case of sir Jo Lenthall versus cook that the  marshal may take a bind to be a true prisoner but not to receive or take any  thing of advantage or profit to himself and that if he do the bind be void at  commonlaw
anonymous mich W m B R upon a information in Middlesex the defendant shall  have the term to plead in the country till next term post Mod case salk if a  man be bind by recognizance to appear the first day of the term and be charge  upon his appearance with a information in case the information be lie in  Middlesex the party have time to plead during all that term so that it can  come to trial in the term but in case it be lie in any other county the party  shall have time to plead till the next term for he be as much concern to  defend himself in those case as in any civil action and since the law allow he  counsel the law allow he time likewise to consult with they for not to allow  the mean of defence be to take away the subject defence otherwise it be of  capital offence but note in these case there be no counsel also where the  party come in by to take in hand corpus or upon a outlawry he shall plead  present for then he have be guilty of a contempt per cur contrary to the case  of the seven bishop time to plead vide post pl
anonymous mich W S C salk action do not lie against the endorse without set  forth a attempt to find out the first drawer or a demand of the money of he a  bill of exchange be make Payable to W r or order W r endorses it b the  endorsee can sue W r unless be attempt to find out the first drawer or to  demand it of he forth endorse be but a warranty that the drawer shall pay and  therefore liable only upon his default per holt chief justice at guildhall and  such attempt must be set forth in the declaration b b this case as here state  be not law vide note to the report of it in salk
anonymous mich W salk it be move by counsel to set aside a execution on a  judgement for that there be a agreement between the party after the judgement  give videlicet that it shall be upon term by holt c j if a judgement be  confess on term it be in effect but conditional the court will lie their hand  upon it and see the term perform but where a judgement be acknowledge absolute  and afterward a agreement make this do not affect the judgement and we will  take no notice of it but put the party to his action on the agreement the  court can hold plea of a agreement upon a motion and here it be only under  their hand it be no ground for hearing complaint mich W case W holt c j it be  against the trust repose in the court to let judgement be enter of another  term than it be give and it will be a intolerable mischief to man S estate
anonymous mich will B R award make under a rule of court be quasi part of the  rule I lill where a matter be refer by rule of court to the determination of  the judge of assize it be move that the judge determination may be make a rule  of court et per holt chief justice where a matter be refer to arbitrator by  rule of court and they make their award we will compel a performance of it as  much as if the award be part of the rule so a new rule be needless
anonymous mich will B R demurrer to part and issue to other part if there be a  demurrer to part and a issue upon other part and judgement be give for the  plaintiff upon the demurrer he may enter a non pro as to the issue and proceed  to a writ of inquiry on the demurrer but without a non pro he can have a writ  of inquiry because on the trial of the issue the same jury will ascertain the  damage for that part which the demurrer be per cur b b vide send for Str
anonymous mich will B R exposition of rule super solution custag rule be make  to put off a trial super solution custagior and the cost not be pay and the  trial put off the plaintiff move for a attachment but have it not for the  court say he shall have go on
anonymous mich will B R far variance between writ and order salk post keb Syd  lev Bulst a certiorari be to remove a order against I S touch foreign salt  which be remove appear to be a order touch salt without foreign and it be hold  not to be remove for this cause there be no such order
anonymous mich will B R Faresly on a removal out of a inferior jurisdiction  plaintiff here be bind to accept the bail below except in London Mod case post  if the plaintiff in the action sue the bailbond he can refuse the same person  to be bail to the original action but if the plaintiff proceed against the  sheriff by amerciament he be not compellable to accept those person that be  surety to the sheriff to be bail to his action so if a cause be remove by  habeas corpus out of the Marshalsea or any other inferior court and the bail  there offer to be bail to the action here the plaintiff be compellable to take  they because he may but do not except to they below aliter where a cause come  hither out of London for the sufficiency of the bail there be at the peril of  the clerk and he be responsible to the plaintiff so that the plaintiff have  not the liberty of except against they and the clerk be not responsible if  they be deficient in this court though he be in London per holt c j a a vide  barn
anonymous mich will B R first order fail all subsequent fall to the ground per  Northey it be settle in the case of WootonBasset that if the first order be  nought no subsequent order on a appeal can make it good hill W B R same rule  be take by holt c j and both order quash and Trin Ann the same resolution  between selon and Ripley
anonymous mich will B R if a declaration be deliver against one in custody he  shall have the whole term to plead in abatement
anonymous mich will B R if by rule of court the master be order to strike a  jury in case it be not express in such rule that the master shall strike  fortyeight and each of the party shall strike out twelve the master be to  strike twentyfour and the party have no liberty to strike out any
anonymous mich will B R in order to discharge apprentice the very discharge  under seal need not be return vide post pl sand if a apprentice be discharge  from his master the statute require that the discharge be under the hand and  seal of four justice of peace but in a certiorari to remove the order it be  sufficient in the return to take notice of the order so make for it be not  necessary to certify the discharge itself
anonymous mich will B R judge and party ante I per holt c j the mayor of  Hereford be lie by the heel for sit in judgement in a cause where he himself  be lessor of the plaintiff in ejectment though he by the charter be sole judge  of the court
anonymous mich will B R judgement confess by feme covert refuse to be set  aside upon motion far vide note to carpenter v Fauston ante cumber Mod roll a  feme covert who live by herself and act as a feme sole give a warrant of  attorney to confess a judgement c and afterward move to set aside the  judgement because she be I covert but the court will not relieve her but put  her to her writ of error
anonymous mich will B R order to remove a and his family ill for general post  pl Faresl Comber post a order make to remove three man and their family be  quash because too general for some of their family may not be removable if a  man settle at a marry a poor woman who be settle at b and have child by a  former husband his wife shall be remove with he to a but her child such of  they as be above seven year old shall not be remove those under shall be  remove but that only for nurture for they shall be keep at the charge of the  other parish but such a general order sweep all away
anonymous mich will B R Pauper shall pay cost of nonsuit see side Mod Faresl  salk a pauper shall not pay cost unless he be nonsuit but then he shall pay  cost or be whip per holt c j Qure yet for afterward in another term I move  that a pauper may be whip for nonpayment of cost upon a nonsuit and the motion  be deny per holt c j say he have no officer for that purpose and never know it  do note also if a pauper give notice of trial and do not proceed he shall  dispaupered
anonymous mich will B R plea after judgement in ejectment if judgement in  ejectment be sign in a country cause for want of a plea but no possession  deliver a judge in his chamber at any time before the assize may compel the  plaintiff to accept a plea but if possession be deliver he be without remedy  per Holt C J
anonymous mich will B R remove need not be by justice of the division post pl  comb a order be make by two justice to remove a poor person and exception be  take that it do not appear by the order that the justice be of the division or  that either of they be of the quorum the last be hold a good exception a but  the first overrule for in that the statute be only directory a by stat g c no  order shall be set aside for not express that one of the justice be of the  quorum
anonymous mich will B R S C ld raym by the name of green v pope vide lev lev  lev Mod Mod c Mod see page pl No peremptory mandamus upon a action for a false  return bring in c b S C Mod comb holt in a action on the case in the common  plea for a false return of a mandamus judgement be give for the plaintiff upon  demurrer and now sergeant Pemberton come into b a and pray a peremptory  mandamus but it be deny for per holt c j every mandamus recite the fact prout  constat we per record how can we say that in this case we can take notice of  the record of the common plea you may have bring your action here
anonymous mich will B R see also anon salk discuss Bayley v Buckland ex dow l  Reynolds v Howell l r Q b he re browns estate l r ir Mod Mod per holt chief  justice the course of this court be where a attorney take upon he to appear  the court look no far but proceed as if the attorney have sufficient authority  and leaves the party to his action against he
anonymous mich will B R Sham plead the court resend the number of frivolous  sham plead which come before they say it be against the duty of counsel and  against the statute W c and that the old rule ought to be revive videlicet  that counsel shall set their hand to the book deliver to the judge which be  ancient so order that the court may not be trouble with frivolous plead  Salkeld er p
anonymous mich will B R special imparlance Mod in a action bring against h he  plead to the jurisdiction of the court and the declaration be not deliver four  day before the end of the term plead it as he may by the course of the court  within the first four day in the subsequent term and the clerk to avoid the  trouble of make up a postroll enter it with a special imparlance as of the  subsequent term which spoil the plea and the clerk be order to make up  postrolls and not to use these special imparlances which holt c j say be creep  in of late and be not know former
anonymous mich will B R waiver of special plead Faresl before joinder in  demurrer the defendant may waive his special plea and plead the general issue  per cur but if there be a rule to plead so as to stand by it and the defendant  plead a special plea as he may and the plaintiff demurrer the plaintiff  defendant shall not then waive and plead the general issue a a the defendant  be refuse the liberty to waive a sham plea and plead the general issue Ellis v  will so a special plea after the intervention of a term the plaintiff only  witness on the general issue have go abroad since issue join freeman v Jones  will if a defendant plead a special plea and be rule to plead such a plea as  he will abide by if he waive the special plea he can only plead the general  issue hare v Lloyd prout v Dewar t r but he may give notice of setoff note  ibidem in the common plea the defendant must always abide by his plea imp c b  Cooper v Mansfield the court will give the defendant leave to withdraw the  general issue and plead it again with a special plea to let in the real merit  Wilkes v wood will
anonymous mich will B R way burr sergeant darnel move against the clerk of the  countycourt for grant a Salkeld er p replevin without take a bind or surety of  the plaintiff to prosecute but the court make no rule because it be a stale  cause of complaint near two year ago beside it be only a single instance but  the court say that when it grow into a practice as if a sheriff constant or  frequent use to let person at large without bail then it be a abuse of his  office and the court will interpose per cur holt absent bring your action
anonymous mich will B R where judgement be confess upon term court will take  notice of they otherwise if the agreement be subsequent salk Mod Mod show Mod  roll a motion be make to set aside a execution on a judgement upon suggestion  of a agreement between the party make after the judgement give videlicet that  the judgement shall be upon such and such term et per holt c j where a  judgement be confess upon term it be in effect but a conditional judgement the  court will lie their hand upon it and see the term perform but where a  judgement be acknowledge absolute and a subsequent agreement make this do no  way affect the judgement and the court will take no notice of it but put the  party to his action on the agreement and in this case the agreement be only  under their hand it be no ground for a hearing complaint and the court can  hold plea of a agreement upon a motion Salkeld er p
anonymous mich will c b corporation by prescription may have several name but  if by charter it can have but one name see Hardres a corporation per Treby Ch  just and Powell just if by prescription may have several name but if by  charter it be otherwise for in such case it can have several name at the same  time and to the same purpose for if a new charter be grant and by a new name  the old one be go as in the case of baptism by one name and to make firm  Salkeld er p cion by another but such corporation may have several name to  several purpose for it may be create per nomen d to take and to grant and per  nomen f to sue and be sue
anonymous mich will c b ray Jon   condition to make a a lease for life or pay  he a die his executor shall have the   Litt b   a Yelv more than pl Mod  condition be to make the obligee a lease for life by such a day or pay he  obligee die before the day and adjudge that his executor shall have the per  Treby c j and the ground of laughter case be deny to be universal
anonymous mich will in person holt c j at nisi prius at guildhall endorse be  liable only in default of drawer vide infra harry vers Perritt content post  show Rep post pl Mod a bill of exchange be make Payable to a or order a  endorses it to b b can sue a unless he first endeavour to find out the first  drawer to demand it of he for the endorse be only a warrantor for the payment  of the drawer and therefore liable only on his default and such endeavour must  be set forth in the declaration a a this be the case which be report infra pa  by the name of Lambert v pack the real name of it be Lambert v oak from the  report in ld Raymond by that name it appear that it be not a action upon a  bill of exchange but on a promissory note in which it be necessary to prove a  demand on the drawer because when a promissory note be endorse it be a order  by the endorse upon the maker of the note his debtor by the note to pay to the  endorsee but in the case of a bill of exchange which be to be pay by the  drawee a demand on the drawer be unnecessary so rule burr where the subject be  very full discuss and this case particular examine by Lord Mansfield r also  with regard to foreign bill Str way atk
anonymous mich will in person holt c j at nisi prius at guildhall trover for a  bank bill will lie against a person find it but not against his assignee post  cro et cro car cro James hard a bank bill Payable to a or bearer be give to a  and lose be find by a stranger who transfer it to c for a valuable  consideration c get a new bill in his own name et per holt c j a may have  trover against the stranger who find Salkeld er p the bill for he have no  title though the payment to he will have indemnified the bank but a can  maintain trover against c by reason of the course of trade which create a  property in the assignee or bearer a a if a bank note a note Payable to bearer  or a bill of exchange endorse blank be steal or lose and afterward come into  the hand of any person good fide for a valuable consideration and without  notice such person may recover in a action thereupon or may maintain trover  against any person get it into his possession miller v race bar grant v  Vaughan burr Bl Rep peacock v Rhodes Doug
anonymous mich will where a alias speech be proper Lutw Mod skiff Sho Mod salk  the obligor be bind by the name of W r he may be sue by the name of W r alias  speech f c if his name be so but if his name be r W the obligee can sue he by  the name of S W alias speech b W for he can have two name of baptism neither  be there any remedy unless he have estopped himself by appearance knight case  Trin Annie ld raym S c salk where John be sue and be plead in abatement that  his name be Thomas Mod action against John knight the defendant plead in  abatement that his name be Thomas and thereupon the plaintiff commence a new  action against he by his right name Thomas the defendant plead in abatement a  former action depend upon a demurrer to this plea it be insist that the  averment be against the record Salkeld er p for that John and Thomas can not  be the same person send non allocatur for in fact it may be so the plaintiff  shall have confess the misnomer and pray a abatement of his writ before he  have proceed to a new one
anonymous misdemeanour in commissioner how to be reform Commission to examine  witness go out to sir Alexander Brett and other who make certificate against  sir Alexander of partial proceed Philipps sergeant move at the roll for caryi  a commission to other to examine in who the misdemeanour be in sir Alexander  or in the certifiers et to be deny for such collateral certificate be not  require of the commissioner but let they certify the matter commit to their  charge and if there be misdemeanour let the party wrong thereby make affidavit  thereof and then take out his attachment November James Mews dig title  evidence VII examination of witness under Commission or mandamus the  commissioner d misconduct
anonymous Mod case the master bring covenant against the apprentice for depart  at such a time Plowden the master bring a action of covenant against his  apprentice for depart out of his service at such a time the defendant be stify  by virtue of a licence from his master to depart all that time and issue be  take upon the licence holt Ch just hold that upon such a declaration the  master shall not give evidence of the defendant depart without leave all any  other time because in this case the time be material and not transitory as in  trespass and other case
anonymous money be pay into court by defendant upon the common rule plaintiff  proceed to trial and recover a small sum than that pay into court move in the  treasury that defendant may have the money out of court towards his cost and  order upon hear the atorneys on both side
anonymous money give to buy land if I give money to one to purchase land  therewith to he and his heir and to permit I to take the profit thereof during  my life caryi and he withhold the profit he shall be compel by subpoena  Crompton fol b
anonymous money pay upon obligation single or single statute not compel here  to cancel it but if a man pay money upon a obligation or a statute that be  single the obligee or conusee shall not be call hither to cancel it though the  other have no acquittance upon the payment make Edward b less justice and  doctor and student who say that a man shall have no aid here to supply his  folly as if he pay a debt upon a single obligation or statute without take  acquittance but Robert Stillington bishop Bathoum say that Deus be procurator  going to be I think if money be pay upon a redemption of a mortgage by  indenture without take a acquittance the mortgagee shall bring in the  indenture to be cancel here caryi er p
anonymous money stop because land evict from the purchaser a sell to b with  covenant only against a and all claim by from or under he b secure the  purchasemoney but before payment the land be evict but not by any Title under  a but by a Title paramount b sue to be relieve that he may not be force to pay  see the lie be lose and be relieve by the Lord chancellor ex relation churchil  case in chancery note saint if declaration at the time of the purchase treat  on that there be a agreement to extend against all encumbrance in general and  not only special it can not have be admit dly the affirmative covenant be  negative to what be not affirm and all one as if express declare that the  vendor be not to warrant but against himself and the vendee to pay because  security absolute without condition dly quaere if this may not be make use of  to a general inconvenience if the vendee have all the write and purchase be  weary of the bargain or on other respect set up a Title to a stranger by  collusion notam in many case it may easy be do c case in chancery er p
anonymous mortgage assign with or without the privity of the mortgage the  difference as to interest if a considerable sum be due for interest on a  mortgage and the mortgagee assign over for the consideration of so much as the  principal and interest come to if this assignment be without the privity of  the mortgage then the interest shall be carry on only upon the principal but  if the mortgagee have apply to the mortgage before and demand his money and  require he to join in the Bunbury assignment if the mortgage refuse either to  pay or join the assignee shall carry interest both on the principal and  interest
anonymous mortgagor borrow more money by bind the heir shall not redeem  without pay it mortgagor borrow more money of the mortgagee and give bind for  it the heir of the mortgagor shall not redeem without also pay the debt by  bind if that the mortgagor bind himself and his heir in the bind
anonymous mulier and bastard join in sue their livery and not every bar or  estoppel in law ought also to bind in chancery for if a legitimate daughter  and her sister a bastard do join in sue of their livery this ought not to bar  in conscience howsoever it may estop in law doctor and student
anonymous mulier and bastard so likewise it seem that the continue caryi  possession of the bastard eigne shall prevail in conscience against the right  of the mulier puisne albeit a feme covert may be think to join with her  husband for fear in a fine of her land yet after the five year it shall not be  recall for the general inconvenience that may ensue to that high assurance  doctor and student Mews dig title fine and recovery operation e tenant in tail  Disentailing deed I general title husband and wife Iv wife be property b  property other than separate real estate b contract and specific performance
anonymous my will in the hand of I S shall stand a good republication in a  trial at bar upon a issue direct out of chancery concern the republication of  a will it be resolve by all the court that these word my will in the hand of I  S shall stand amount to a good republication
anonymous naked bargain wager of law upon naked bargain there ought to be no  more help in chancery than there be at the commonlaw neither against he that  have wage his law in debt though peradventure false idem Mews dig title  contract c the matter of contract a sufficiency two to make naked bargain
anonymous No new trial on a indictment for perjury side lev salk Jon the  attorneygeneral move for a new trial at bar for the king upon a indictmentfor  perjury but it be deny because the king be not interest in the indictment  otherwise than in point of common justice Salkeld er p
anonymous No prohibition shall be grant for act out of the diocese after plea  plead in case one he cite out of the diocese a no prohibition be to be grant  after plea for thereby the defendant have own the jurisdiction of the court  and none can be grant after a plea of a general negative though that court  will perhaps admit a new allegation agree by the whole court memorandum sir f  Pemberton succeed Scroggs as c I of king bench in easter week in this vacation  sir Francis Pemberton be make chief justice of the king bench court in the  room of sir William Scroggs who be displace shower KB easter 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
anonymous No relief against a voluntary act a woman sole take consideration  for make a lease for twentyone year and then marry and she and her husband  make the caryi er p promise lease at the twentyone year end the lessee  surrender and take a new lease for twentyone year more the husband die the  wife ousts the lessee who sue in chancery to have the first lease continue  rest for the first twentyone year and not remedy here the surrender be  voluntary Elizabeth Mews dig title husband and wife Iv wife be property b  property other than separate real estate b contract and specific performance
anonymous No relief against his own deed if a sell land to b for twenty pound  with confidence that it shall be to the use of a yet a shall have no remedy  here because the bargain have a consideration in itself dyer per Harper and  such a consideration in a indenture of bargain and sale seem not to be  examinable except fraud be object because it be a estoppel
anonymous No seize of a rend seck where a man make title to a rend seck of  which there be no seize nor for which he have any action at the commonlaw and  pray help here it be deny upon conference have by the Lord keeper with the  judge mich
anonymous not to examine any judgement give at the commonlaw first this court  forbear direct to examine any judgement give at the commonlaw to which end the  statute e c e c h c and r c be make and it seem that the commonlaw use some  power to restrain such examination of judgement before all these statute for e  upon a recovery have upon a quare hinder the defendant sue for help in the  chancery and they send a prohibition and upon that a attachment against he  Fitzherbert prohibition caryi the like bath be do upon suit in the court of  request but yet e c one recover debt upon a obligation in one county whereas  the obligation be make in another county and he complain in chancery because  he have lose some advantage which he may have take if the trial have be in the  other county which thing in effect be make a law by the statute r c dyer and  and in the case of paramour Ann and Elizabeth a fine suppose to be levy by a  infant be examine in chancery after it have be allow by examination of the  justice of the common plea but whether these and say other may seem rather to  examine the manner then the very matter and substance of the thing adjudge it  be worthy of consideration sir John windham case er sir John windham case  attornment sir W cordall master of the roll deny to compel one to attorn here  that be at liberty by the commonlaw in the case of sir John Windham Mews dig  title landlord and tenant l attornment
anonymous Nov chancellor No new relator in information without consent of the  attorneygeneral information file in the name of the attorneygeneral at the  instance of a relator no other relator to be without the consent of the  attorneygeneral
anonymous novemb lease in trust renew lessee for year subject to a trust  devise resid honour the estate will but pay the debt if all sell hue pay the  debt and renew the lease for a further term it be a churchlease and offer to  account if any profit will arise out of the old term case in chancery but sir  John king press that he can not be charge further for if he pay the debt to  the value then the property be alter and vest in he in his own right Lord  keeper the executor shall make no advantage to himself and shall account for  the new lease as well as for the old do the executor acquaint the church with  his case and do he declare that he will renew and take it for the time of the  old term to the benefit of the creditor and executorship and the rest for  himself by the French law no churchman can make a lease to any but the old  tenant unless it first by refuse by the old tenant Lord keeper decree accord
anonymous novemb privilege the king servant arrest Conizee of a statute by sir  Philip Howard take he be now a servant of the king in execution he complain by  motion in court of this as a breach of his privilege be servant to the king  who ought not without leave to have be arrest the party show that before he  proceed he acquaint sir Philip Howard of his purpose and that thereupon sir  Philip Howard wave his privilege Lord chancellor the privilege be the king  privilege and not sir Philip howard you have be unmannerly towards the king  and break his privilege you may as well have take the king coachman drive the  king Coach the party protest all respect to the king c however say the Lord  chancellor I will not discharge the execution but order the warden of the  fleet to take he into custody but because of the consent to discharge sir  Philip Howard of execution the chancellor propounded that new security shall  be give for the debt which the party by his counsel consent to so as it may be  a statute of pound which seem to the Chan case in chancery er p cellor to be  too much because the debt be but pound counsel for the defendant there be  sixteen year interest behind but at last it be refer as to the manner and  quantum of the security and the party discharge of the present commitment  notam in this case there be no bill depend all come in by way of motion
anonymous novemb pro acknowledged admitted fact the suit be for tithe in  chancery the defendant be in contempt for not answer be bring by several order  to the bar and be indeed a Quaker refuse to answer on oath but pray to answer  without oath Lord chancellor do admonish he of the Peril vice that the bill  must be take for true entire as it be lie if he answer not but he save as  before the chancellor pronounce his decree though sir John Churchill not be of  counsel but friend curiae say that this Cause for tithe especial small tithe  be not proper for this court and have not be use chancellor decree for the  plaintiff and refer the valuation to the master
anonymous November on devise of guardianship parole evidence of father intent  as to education admit petition on a difference of opinion between the guardian  of Lord saint John Lord Luxborough and Mr Furness a case be cite p W where  Lord king say parole evidence shall not be admit in the case of devise of  guardianship any more than in a devise of land vesey senior Lord chancellor as  to the particular method of education the court will receive parole proof of  the intent of the father receive all sort of evidence to govern their  direction
anonymous of special and general demurrer and the reason of make the statute  Elizabeth per holt Ch just there be special demurrer at commonlaw but they be  never necessary but in case of duplicity and therefore they be seldom practice  for as the law be then take to be upon a special demurrer the party can take  advantage of no other defect in the plead but to that which be special assign  for cause of his demurrer but upon a general demurrer he may take advantage of  all manner of defect that of duplicity only except and there be no  inconvenience in such practice for the plead be at bar viva voice and the  exception take over as far as the cause of demurrer be as well know upon a  general demurrer as upon a special one therefore after the reformation when  the practice of plead at bar alter the use of general demurrer still continue  and thereby this public inconveniency follow that the party go on to argue a  general demurrer not know what they be to argue and this be the occasion of  make the statute Elizabeth by which it be enact that the cause of demurrer  shall be know in all case and this be restorative of the commonlaw demurrer to  the evidence admit the truth of the fact but deny its effect in law and if  such demurrer be at the assize it shall be try and determine in B R or in c b  c and if the demurrer be upon write evidence the plaintiff must join or waive  it otherwise if it be upon parole evidence many thing have be adjudge ill upon  a special demurrer which be otherwise upon a general demurrer as for instance  in trespass the defendant plead a descent to he as heir and do not say son  heir or how he be heir this be nought on a special demurrer so in debt upon a  bind to save harmless the defendant plead indamnificatum to make safe so petit  judgment si ab action instead of petit judgment financial loss Salkeld  departure
anonymous office of marshal of B R can be grant to one for a term for year Jon  per curian the office of marshal of the king bench can be grant to one for a  term for year absolute because in such case it may go to a executor or  administrator Salkeld er p but it may be grant to one for ninetynine year if  he shall so long live a because there can be no inconvenience in such a grant  and the present marshal succeed Sutton by virtue of such a lease a but a grant  to one for year during the life of another person be not good show
anonymous on a demurrer matter former examine in the exchequer may be  reexamined in the chancery the Cause have be former hear in the exchequer  where two several trial have be direct will or no will and in both a verdict  for the plaintiff yet the chief baron have dismiss the bill there but without  prejudice in law or equity and now by a original bill the plaintiff have seek  relief here for those matter he seek relief in the exchequer and to examine  witness in order thereunto in perpetuan rei memory the defendant plead the  examination and dismission in the exchequer and that there ought not to be a  new examination the matter have be there full in issue case in chancery on the  first hear of this demurrer the court give time to search for precedent where  after a Cause hear upon the merit and dismiss in the exchequer a new bill have  be admit here and none be to be find now upon far hear of the demurrer it be  for the plaintiff insist that this be a special dismission it be without  prejudice either in law or equity which word must be consider to signify  something but they do not signify any thing unless it be mean the dismission  shall not hinder the plaintiff from seek his relief in any other court of law  or equity and so the court do conceive and order that the plaintiff may  examine any witness that be not examine in the exchequer and that as to the  matter examine unto there the plaintiff may examine the same witness de bene  be and how far those de bene be shall be use the court will far consider the  master of the roll
anonymous one deed by which two claim several and so if land be several give  by one deed to two man he which have the deed shall be compel here to show it  for defence of the other title Edward Mews dig title discovery a document b  production possession or power a joint possession
anonymous Pas Ann B R far Ought to acquaint the court that they can give  evidence before they be swear way Com Mod side sty if a jury give a verdict on  their own knowledge they ought to tell the court so that they may be swear as  witness and the fair way be to tell the court before they be swo n that they  have evidence to give Salkeld justice OF peace
anonymous Pas Ann B R upon award make a rule of court the party may proceed  both by action and attachment at the same time keb keb raym post h bind  himself in a bind to stand to the award of I S which submission be make a rule  of court accord to the new Act of parliament the party for who benefit the  award be make move the court for a attachment for nonperformance which be  grant pen that he bring a action of debt upon the bind and now sergeant darnel  move that he may not proceed both way and liken it to the case where the court  stay action on atorneys bill while the matter be under reference before the  master say per cur the motion be deny and this diversity take where the court  relieve the party by way of amends in a summary way as in the case cite there  it be reasonable otherwise here where Salkeld the plaintiff have no Salkeld er  p satisfaction upon the attachment and the defendant be put to answer  interrogatory but see andr contra and case tempt ld Hardwicke b b vide kid the  court will not stay proceed in the action though the defendant be in custody  on the attachment Webster v bishop Prec Ch vern but if the defendant be take  in execution on the judgement the attachment will be discharge Richardson v  chancy Barnard and the court will not grant a attachment after a action bring  without some very particular reason stock Huggins v de smith Rep B R tempt  hard it be discretionary in the court to grant a attachment and where there be  a contrariety of evidence the party be leave to his action hale v tailor Str
anonymous Pas will B R lie not to justice of gaoldelivery without special  cause post except for the king cro James Poph roll Rep hob a motion be make  for a certiorari to remove a indictment of barratry find at the session of  gaoldelivery and one nurse case be cite wherein such a motion be grant but per  cur it be never grant to remove a indictment find before justice of  gaoldelivery without some special cause so it be of the old Bailey and if such  certiorari shall be grant and the cause suggest shall afterward appear false a  procedendo shall be award a a r send for Str can tempt hard vide Str Salkeld  er p
Anonymous pasch a gift of a moiety of the donor good to be enjoy after his  death affect those only of which he be then possess Mr Andrew grey a bencher  of the Inner temple have two daughter and have conclude a marriage for the old  give unto her a moiety of all his good and household stuff and the other  moiety to his other daughter to have they after his death those only pass  which be in specie at the time of the gift and if any of they be lose decay or  change and other buy and bring in their place they do not pass in law or  equity ms
anonymous pasch Ann B R action against the acceptor where bring for part of  the money not good a bill of exchange be draw on W r for Payable to W or order  W r accept the bill and afterward W the drawer endorses part of it to the  plaintiff who bring a action against the acceptor adjudge that it will not lie  because by his accept the bill he make himself liable only to one action for  the whole and not to several action for part of the money a a r ac salk
anonymous pasch Ann B R debt in B R on a recognizance of bail in c b debt be  bring in c b and a recognizance take and a action of debt be bring on that  recognizance in B R the court be move that there may be no special bail give  for that this be only a device to better the security say per holt Ch Inst and  Powell upon a recognizance of bail in c b no capias lie because it be for a  sum certain but upon the like recognizance in B R a capias lie because it be  body for body and there may be a reason to help they to a capias upon the  recognizance and per holt in debt upon a judgement pen a writ of error the  court will discharge the defendant upon common bail but per Powell just it be  ancient otherwise
anonymous pasch Ann B R hospital land be Chargeable to the poor vide Cowp call  burr hospital land be Chargeable to the poor as well as other for no man by  appropriate his land to a hospital can discharge or exempt they from tax to  which Salkeld er p they be subject before and throw a great burden upon their  neighbour per holt c j a a r burr that saint Luke hospital for poor lunatic be  not rateable as the rate must either be make upon the trustee who be mere  nominal the servant who be mere hire attendant and have no possessory right or  interest or upon the object of the charity any of which case will be absurd  and there be no person rateable it be hold by necessary consequence that there  can be no rate vide also burr
anonymous pasch Ann B R Mod cumber what judgement shall be give on a writ of  error post ante salk Mod vern far Rep b r tempt hard t r t r Com dig pleader b  vol that d Edward page if a judgement he below for the plaintiff and error be  bring and that judgement reverse yet if the record will warrant it the court  ought to give a new judgement for the plaintiff but if the judgement be  erroneous and against the plaintiff on the merit of the cause that ought to be  reverse and a new judgement give for the plaintiff defendant if a erroneous  judgement be give for the defendant and it be reverse and the merit appear for  the plaintiff he shall have judgement if the merit be against the plaintiff  the defendant shall have a new judgement so it be in the exchequerchamber for  they be to reform as well as to affirm or reverse it roll Abr pl cro car hob
anonymous pasch Ann B R No reference for irregularity after error bring the  defendant against who judgement be recover bring a writ of error and afterward  get a reference to the master to examine the regularity of the judgement and  the court upon the master report be of opinion that by bring the writ of error  the judgement be admit to be regular and that he shall not examine that now  and the rule be discharge
anonymous pasch B R of carry down a cause by proviso rule that if the  plaintiff will not enter his issue or if it be enter and he will not carry  down the cause to trial the defendant may by rule compel he to Salkeld enter  it and if it be enter the defendant may carry it down byproviso and that this  be the stand rule of the court and in this case sergeant darnel move that the  plaintiff evidence depend on certain townbooks in the custody of the defendant  and that he have refuse to give copy thereof c that the plaintiff may not be  compel to proceed till the defendant give he copy but it be deny for per holt  Ch just the defendant be not bind to help the plaintiff to evidence against  himself regulan hill car B R ordinatus be quod nisi cause triand at London  Middlesex intrat to be cum of to head justiciario what Curi per interval two a  day ante sitting how triand are marescallus to be able to go into ne To take  back ad earnestness to ward off well he attornati c
anonymous pasch will B R if the distringa be returnable within term and there  happen not to be four day between the trial and the end of the term yet  judgement shall be enter that term vide post indictment in B R for a  misdemeanour be try three day before the end of the term and judgement be  enter the same term so that the defendant have not four day to move in arrest  of judgement and the question be whether this entry of the judgement be  regular and whether it shall not have be stay till the term follow et per holt  c j if there be four day and more between the trial and the end of the term  judgement ought not to be enter within the four day but if the distringa be  returnable within the term and the party be try within two or three day before  the end of the term the judgement shall be enter that term though there be not  four day to move a arrest of judgement so it be settle in the case of Knox and  Levarr upon a conference between Scroggs c j and sir William Jones  attorneygeneral contrary to the report of sir Samuel astrey arrest of  judgement be either for matter intrinsic I e such as appear by the record  itself which will render the judgement erroneous and reversable or extrinsic I  e some foreign matter suggest to the court which prove the writ be abate for  it be not enough that it prove the writ be only abateable the old course of  take advantage in arrest of judgement be thus the party after a general  verdict have a day in court for so he have as to matter of law though not of  fact do assign his exception in arrest of judgement by way of plea and it be  call plead in arrest of judgement vide h b Yelv Bulstr raze a b a a b a a b    Salkeld Ent a a b a a a h sand style this differ from move in arrest which be  do by one as friend Curi where the party be out of court vide   Ent b the  manner of do it vide Ro e a h h raze
anonymous pasch will B R payment of money due to the wife as executrix be not  evidence to maintain action for money receive to husband use cro car hob roll  Rep Noy Br bar and feme in a action on the case for money have and receive to  the plaintiff use upon the evidence it appear that the plaintiff wife be  executrix and that the money be pay to the defendant as due to her and the  plaintiff be nonsuit because the action ought to have be bring by husband and  wife as executrix for it be pay without any authority from the husband it  remain as a debt due to the executrix and if the husband die the wife may  bring a action for it but if the money have be receive by authority from the  husband then it have be as his receipt and as his money and the action may  well have be bring in his name and the money will have be asset in her hand
anonymous pasch will B R per holt Ch just a indictment against W r for that he  the dawn many men other at h c do commit a riot be good adjudge that where  rioter be convict upon view of two justice the sheriff must be a party to the  inquisition upon the statute h but if they disperse themselves before  conviction the sheriff need not be a party for in such case the two justice  may make the inquisition without he and this be pro lord ring but if the  justice neglect to make a inquisition within a month after the riot they be  punishable but the lapse of the month do not determine that authority to make  a inquisition but only subject they to a penalty for not do it within that  time one tempest and two more be convict for a riot upon view of two justice  and of the sheriff of the county contra form to cause to stand and they be  fine by the two justice and upon a writ of error bring the error assign be  that the sheriff do not join with the justice in set the fine when the statute  express require that he shall be join with the justice in the whole proceed  and for this cause the judgement be reverse several be indict for a riot it be  move that the prosecutor may name two or three and try it against they and  that the rest may enter into a rule to plead not guilty guilty if the other be  find guilty and a rule be make accord this be to prevent the charge in put  they all to plead Salkeld school and schoolmaster
anonymous pasch will B R reason of amendment while in paper salk far Mod post  burro t r when a declaration be come to be in parchment the court can mend no  far than be Allowable by the statute of amendment for it be then a record but  while it be in paper the court may mend at pleasure for it be not within the  statute of amendment a a vide saint g c
anonymous pasch will B R warrant per feme who marry afterward be revoke show  ante sand far cumber   light a Str if a feme sole give a warrant to confess a  judgement and marry before it be enter the warrant be countermand and  judgement shall not be enter against husband and wife for that will charge the  husband a a queen if judgement can be enter up so as to be a judgement at the  time when she be sole though real sign after the marriage Richardson bring B R  Salkeld er p
anonymous pasch will B R where a matter be confess and avoid it need not be  traverse comens pleader b where a matter be confess and avoid it need not be  traverse in replevin the defendant avow for that W r be seize and make a lease  to he the defendant for one year and so justify the take c damagefeasant the  plaintiff reply that true it be that W r be seize c but before he make a lease  to the defendant he make another to the plaintiff which be still in be and not  determine this be sufficient without a traverse because the title of the  defendant be confess and avoid but if the plaintiff have traverse the lease of  the defendant it will have be good upon a general demurrer be only in the  nature of a double plea but upon a special demurrer it have be nought that the  inducement to a traverse ought always to contain sufficient title but it be  not material whether the matter be true or false now the reason why the  inducement shall contain a title be because a man ought not to deny the title  of another without show colourable title in himself for if the title traverse  be Salkeld er p find to be ill and no colour of right or title appear for he  that traverse that title then no judgement can be give but the inducement to a  traverse can never be traverse because that will be a traverse after a  traverse which will be not only infinite but absurd because it will be to quit  his own title and fall upon the title of another
anonymous pasch will B R Writ of error against the king Leon vide Eq can ab  per holt c j a writ of error may be against the king without petition though  ancient that be use and be a decency but since writ of error have be make out  ex duty
anonymous pasch will one in execution for usury not bailable Ventr side per  holt Ch just one in execution upon a judgement for usury bring a writ of error  in B R and move to be bail but it be deny though there be a apparent error in  the record and though it be former the practice to bail in such case for per  curian we ought not to enlarge a prisoner in execution but it be otherwise  upon a hearing complaint Salkeld bankrupt
anonymous pasch will while all be in paper it be not within the statute of  amendment pale yellow c b rule that while the declaration be in paper the  court may give leave to amend any thing in it at pleasure because in such case  it be not within the statute of amendment but when once it come in parchment  the court can give leave to amend no far than be allow by the statute for it  be then a record and ought not to be dash or obliterate notam after a demurrer  only give but not join the party can amend without leave of the court Salkeld  where the roll vary from the original the roll may be amend at commonlaw at  any time for the original be a record of itself and the entry of it on the  roll be only ex abundant though the usage be to enter it so during the term  the court may amend any mistake in the roll of commonlaw for the roll be only  the remembrance of the court during the term but at the commonlaw after the  term the court can not amend any fault in the roll for then the record be not  in the breast of the court but in the roll itself
anonymous payment of creditor out of a copyhold forfeit by mortgage a  copyholder in fee surrender to the use of one and to his heir upon condition  of redemption writ down his debt and will part of his copyhold to be sell for  payment of his debt after his death one of the creditor pay the money at the  day to the mortgagee who nevertheless enroll the surrender afterward this  other creditor complain against he and the heir in chancery and have a decree  that the copyhold shall be sell for the payment of debt and the remainder of  it if any be shall descend to the heir Elizabeth for although the devise of  the copyhold be void yet to take it from the surrendee who hold it only for  money to be pay and to pay he and the other creditor therewith have good  warrant in equity and the heir have no wrong for that it be go from he by the  surrender lawful Mews dig title copyhold g copyholder right of b construction
anonymous perpetuity lease for one thousand year Trinity Elizabeth the Lord  Egerton pronounce open that he will give none aid in chancery for the  maintenance of any perpetuity nor of any lease for hundred or thousand of year  make of land hold in capite because the latter be ground upon fraud and the  former be fight against God Mews dig title perpetuity the rule against a  general
anonymous Plaintant mistake his title in his bill a plaintiff in chancery for  a lease upon a bill that affirm the lease to end at our ladyday a have the  same decree caryi er p for he many year after come to the lease itself he find  that it be not to end till our lady year and then move in chancery that be may  not be force to leave the land till that time as the decree appoint he who  agreed price be A kind of porter that July ad crown king for the first he must  perform the decree and then exhibit a new bill upon the special matter  otherwise it caryi be perilous to blow away decree upon motion hill James  cosset come crowther fol
anonymous pollexfen move for a prohibition and suggest how that within such a  parish there be a custom how that the inhabitant of such and such ancient  tenement have sit in the first seat of such a isle and how that the bishop  remove they and give licence to other to sit there and for that they go to try  the Skinner custom in the spiritual court he pray prohibition for that it be a  idle custom and that where court hold plea for a idle custom they shall be  prohibit and cite the case of Topsall and Ferrer hob but it deny and chief  justice Pemberton say that here beside custom the court have conusance of the  matter place and displace be in the ordinary so that if the custom be out of  the case yet they may proceed but in Topsall S case they proceed only upon the  custom which be a vain unreasonable custom they be prohibit
anonymous possession sister in copyhold a copyholder die leave two daughter by  diverse venture both which do enter and take the profit without do fealty or  pave fine and without any admittance by the court and the old die without  issue this only possession suffice to order the copyhold to the collateral  heir of the old and not for the sister of the half blood Elizabeth dyer Mews  dig title copyhold e tenure and incident descent of copyhold
anonymous power to make lease the opinion of the court be that use may be  raise by covenant for jointure but power to make lease in that sort can pass  but it may be do by fine or transmutation of possession if the covenant be  that the owner will stand seize to those use that June Eliz
anonymous prerogative court caveat day October that N B Mr Trenley have  propound a letter as a will Mr smith pray a commission to take his client  answer whereupon a question arise lee at who expense the letter or will shall  be send down to the party who be to answer to it I be of opinion and decree  that it shall be send down at the expense of Mr Trenleys client who propound  it it be part of his allegation agreeable to the opinion of the court and all  the advocate and proctor d November in the case of hogan and hogan with  respect to exhibit annex to and plead in a allegation in its several  subdivision bring together in a excellent work very recent publish by Mr e v  William entitle a treatise on the law of executor and administrator vol I p  lee er p
anonymous proceed on the statute for charitable use land give ad of a god to  frequent by feoff till a estate shall be make by the feoff of they for sound a  chantry and this in the that of Henry and hold no superstitious use nor by the  Lord chancellor if it have be absolute give ad of a god to frequent and for  save of obites for most part of the church of England be so find if it be  grant to a priest contra if it be grant to a particular priest ad of a god to  frequent and save obites c the case be that those land be after give to find a  chapel of ease by the feoff and then new come in upon the first grant will  have have it a concealment and get a patent thereof and commissioner upon the  statute Elizabeth take it from the patentee and note that the commissioner  make the decree the Lord chancellor hear the exception against the say decree  and decree the possession accord to the commissioner decree leave the patentee  to exhibit his bill against the parishioner and to show what cause he can for  reverse thereof that June James caryi er p
anonymous proof of a promise to deliver good second sort of wheat will not  support a count upon a promise to deliver good merchandizeable wheat in case  upon a special promise to deliver good merchandizeable wheat upon non  assumpsit plead at the trial lend assize will at Bedford before holt chief  justice the plaintiff witness swear that it be agree that he shall deliver  good second sort of wheat and holt hold this a variance and the plaintiff be  nonsuit
anonymous purchaser of parcel of land not subject to the whole rend charge if  a man grant a rentcharge out of all of his land and afterward sell his land by  parcel to diverse caryi er p person and the grantee of the rend will from time  to time levy the whole rend upon one of the purchaser only he shall be ease in  the chancery by a contribution from the rest of the purchaser and the grantee  shall be restrain by order to charge the same upon he only Mews dig title  rentcharge recovery of arrear
anonymous ravishment de guard the ViceCountess Montague claim the wardship of  the body of the heir of a tenant of her which be esloined from her she suspect  some of the heir friend exhibit her bill in chancery and it seem they shall  not answer to charge themselves criminal especial in this case where so great  a punishment as abjuration may follow c
anonymous raym cro note where error be assign in a matter contrary to the  record in nullo be erratum be a demurrer so where matter of fact be  insufficient allege but if a matter of law and a matter of fact together well  set forth be assign which ought not to be there in nullo be erratum will be a  confession of the matter of fact and not serve as a demurrer for the  doubleness wherefore in that case the defendant must demurrer
anonymous redemption bare but no possession to be decree a mortgagee sue to  have his money or that the defendant be bar of equity of redemption it happen  that by subsequent order possession be order to the mortgagee and contempt  prosecute for not deliver the possession and the heir who be so prosecute set  forth in his examination a Title and now the mortgagee will have debate the  Title but not admit be cause the course of the court be and the court can go  no further in such a bill but to take away the equity of redemption and leave  the plaintiff to such Title as he have but not to amend it case in chancery er  p and this be the true and ancient course though of late some time the  contrary have be do and now the Lord chancellor agree thereto and discharge  the contempt
anonymous rejoinder in the paper book allow to be amend by the draught sign by  counsel draper move to amend the rejoinder in the paper book by the draught  sign by counsel and cite for authority cro Charles and Hutton and walker Trin  geo two Lord Hardwicke c j but the draught shall first be verify by affidavit  the other side consent it wag order to be amend see jordan and Twells p ante  and note
anonymous release of joint feoff land be mortgage to a and b where a only pay  the money and the intention be that b shall take nothing now b shall be compel  to release to a Elizabeth
anonymous revenue of hospital improve be for the poor not the guardian who  have a certain stipend queen Elizabeth find the hospital of in and appoint  five poor therein each poor person to have therein d per week and pound per  annum to the guardian and make a prebend residentiary of the cathedral of pro  tempore existen guardian the land so give to the hospital be now improve to be  worth per annum now the suit be in chancery for the poor brother to have  increase of maintenance it grow to be a question whether the guardian shall  not have increase also and the decree be that all above pound per annum shall  be to the poor only some of the counsel make a difference between this case  and where the only employment be to be a guardian for here he be make guardian  who be a prebend
anonymous reversioner permit lessee of tenant for life to build c their term  shall be support in equity I vern Rep of can in equity foe this be cite by the  court as the course of the court of chancery videlicet that where tenant for  life make a lease for year the lessee apprehend that the lessor have a power  to make such a lease certain lie out great sum in improvement and he in  reversion stand by and let we they go on without give notice that the lessor  be only tenant for life that the court of chancery have in such case decree  the lessee the remainder of the term after the death of the tenant for life
anonymous rule for a view on the face of the declaration which be for obstruct  a water course deny it be never grant without a affidavit in any case except a  action of waste
anonymous rule for coroner to take up the body the court grant a rule for the  coroner of wenlock in come Salop to take up a body in order for a new  inquisition the former have be quash king et Reg v Bunney salk king v sander  ante
anonymous S c atk a order for a cause to stand over indefinite do not imply  that it be only 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 this case be take from atkins it be not  to be find in Lord hardwicke notebook
anonymous S C cit salk a prohibition do not lie to the admiralty court for  refuse the copy of a libel holt chief justice deny to grant a prohibition to  the admiralty court upon a suggestion that they there refuse to give to the  party sue there a copy of the libel because the a statute extend only to  ecclesiastical court and not to the admiralty court upon the motion of Mr hall  a h S c
anonymous S c Prec Charles a messenger to bring in the party the plaintiff  bill be dismiss with cost and cost tax to pound a subpoena be ware against he  to pay these cost and for not obey it a attachment on which attachment the  sheriff of London to who it be direct take ball and return a to take in hand  corpus and now on this return a motion be make for a messenger against the  plaintiff and it urge to be the course of the court that a messenger shall go  in all case where the sheriff take bail Gilbert 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 Hawkins case be cite where in a like case a  messenger be send to bring in the party and so it order in this case
anonymous S C salk pl a bankbill be Payable to a or bearer a give it to b b  lose it c find it and assign it over to d for valuable consideration d go to  the bank and get a new bill in his own name a bring trover against d for the  former bill and rule by holt chief justice at guildhall that a a action do not  lie against d because he have it for a valuable consideration ex relation mri  Daly a r send for salk burr dougl
anonymous S C say to be per cur Mod upon a motion for a new trial in a action  for a seaman wage holt chief justice say that if the ship be lose before the  first port of delivery then the seaman lose all their wage but if after she  have be at the first port of delivery then they lose only those from the last  port of delivery but if they run away although they have be at a port of  delivery yet they lose all their wage ex relation mri Jacob
anonymous see b v Bradfield l r Q b per holt chief justice the a inhabitant of  every parish of common right ought to repair the highway and therefore if  particular person be make Chargeable to repair the say way by a statute late  make and they become insolvent the justice of peace may put that charge upon  the rest of the inhabitant mich will B R a Acc vent hawk c S t r vide Com  chimin n d Edward vol p
anonymous select case tempt king at the roll money leave to trustee who  therewith purchase land this shall go to the beneficiary and trust have  declare it do in pursuance of the trust a man make his will and appoint b  executor and order certain money to be lie out on land security for the  benefit of c b call in money and therewith select case tempt king er p  purchase land which he say be do in pursuance of the will b die not leave  asset to pay his own debt the land thus purchase shall be for the use of c
anonymous sequestration against a infant Lord for not appear sir John  Churchill show that a sequestration for nonappearance be issue against the  Lord Mohun a infant of seven year several ill and beggarly fellow as  sequestrator by colour thereof receive the rend of the Lord Anglesey and  certify the demand of payment of other a b c c tenant who refuse to pay their  rend whereupon a injunction issue against a b c c to pay their rend to the  sequestrator and some tenant be imprison of which he complain and say the Lord  Anglesey present in court the tenant dwell in Cornwall and it be hard they  shall be force to come to London at last the Lord Anglesey offer to appear for  they and if so and the contempt in the tenant do not appear cost to be award  notam the process of injunction be not against tenant of the Lord Mohun but a  b c c by name case in chancery sir John Churchill say a messenger of the court  shall be send to bring in the infant and when he come in the court shall or  may assign one of the six clerk as a guardian to appear and answer c Lord  keeper how will that look in the lord house that a infant Peer shall put the  defence of all his estate in a six clerk who know nothing and can be inform by  the infant of his estate c at commonlaw the parole be to demurrer and the  infant be not bind to answer till full age and execution of a judgement for  debt against the ancestor can be against the infant heir and by Act of  parliament the execution of a statute be not against a infant for the register  parliament and commonlaw give no execution against a infant heir although the  debt be clear and indisputable videlicet judgement or by statute yet the be do  in chancery Q
anonymous session may dismiss a appeal for want of such notice as their  practice require mandamus to the session to proceed on a appeal they return  that the appeal be dismiss for want of six day notice which by a former order  they have appoint to be give of every appeal sergeant Whitaker say they shall  have adjourn it and not dismiss it say per curian the return be allow for they  be the proper judge of a point of practice at the session and all court must  have state rule to go by by Geo c S unless reasonable notice be give the  justice shall adjourn the appeal to the next quarter session but if they be of  opinion that the appellant may have give sufficient notice to enable the  appeal to be try at that session they may refuse to receive and respite the  hear to the next king v justice of north ride of Yorkshire term Rep
anonymous sheriff can take bail on a attachment on a motion for a attachment  the chief justice declare that all the judge on consideration have resolve  that the sheriff can not take bail on a attachment but a judge at his chamber  may field v workhouse Com send for cit barn king v daw salk Ld Raym contra but  this be mean of a attachment for a contempt for where it issue mere as a  process to compel the party appearance the sheriff may take bail vide field v  workhouse ut above Burton v law style ib Lawson v haddock vent Waddington v  fitch barn lie v Ellis black anon Prec in Chan pale yellow Eq Rep SC Bland v  Richard Leon contra mich Geo king v Bentley resolve accord
anonymous similarly Thomas plaintiff bee Meredith f plead the jurisdiction of  Wales and it be allow he by this court year p m
anonymous statute acknowledge in my name by a stranger if a statute be  acknowledge in my name by a stranger I shall have a action of deceit against  he but I shall not avoid the statute or recognizance but if it be acknowledge  by one of the same name with I I shall avoid it by plea d June Eliz
anonymous statute land buy with money lend priority sans covin a be bind in a  statute to b and one c dare one hundred pound to a with which a buy land and  assure the same to c for his hundred pound a fail in payment b extend caryi  that land c be deny help in chancery although the land be buy with his money  for b have priority of right in law without covin in Crompton a Mews dig title  crown f extent execution by extent in chief a what may be take under
anonymous Subpna against one appoint by will to sell a will that b shall sell  his land to c now c shall have a subpoena against b to compel he to sell the  testator land unto he Henry Mews dig title will IX construction king options  and right of choice or preemption
anonymous Subpna serve at the suit of a unknown man and no bill in court the  server to pay cost the defendant make oath that he be serve with a subpoena by  the plaintiff in the name of one William web utter unknown to the defendant  caryi and now upon his appearance no bill in court against the defendant in  the name of the say William web or of the plaintiff therefore thirty shilling  cost be award against the plaintiff year Elizabeth
anonymous sue in a wrong county a man recover at the commonlaw a debt in one  county where the obligation be make in another county against the stat r c the  defendant sue and suggest in chancery caryi that by this mean he be put from  diverse plead of which he may have take advantage if the obligation have be  use in the very county and he have aid there for the chancellor say that he  sue to hide the truth and against conscience also which can be so well find in  any place as in the very county where a thing be do e and e a man n shall not  be prejudice by formality or mispleading c
anonymous Sunday a day in rule unless the first or last salk the writ be  returnable that January and the bailbond assign the that of February between  which and that January a Sunday happen et per curian it be well assign for  Sunday be to be reckon as one of the four day there be no more allow in action  lie in London or Middlesex but if the four day be Sunday the bail bind be not  assignable till after Monday Studley v Sturt post bullock v Lincoln post and  if the action be lie in any other county or city the bind be not assignable  until six day after the return of the writ imp pract KB Cromp pract and  strange so it be in rule to plead except the first or last day happen upon a  Sunday with this difference that if the rule be give upon a Sunday it go for  nothing but if it expire upon a Sunday the defendant have all the next day to  plead in
anonymous supply of true meaning in feoff the chancery also giventh help for  perfect of thing well mean and upon good consideration caryi as if in a feoff  of land for money the word heir be omit in the deed audeley chancellor h say  that he will supply it
anonymous surety at the commonlaw if a man be surety for another debt he be  Chargeable if the debtor fail in payment but great Charta c order that the  pledge shall not be distrain if the principal debtor be sufficient to pay this  grow troublesome to the creditor and therefore it fall in use that the pledge  shall be bind as principal and so by commonlaw he be Chargeable  notwithstanding the sufficiency of the principal nevertheless it be now usual  in chancery to help this surety against whatsoever default of the principal if  so be he will offer the principal debt and damage but in my opinion he ought  to find here caryi no other relief than the principal debtor shall find  because he be not only a principal by his own bind but also be the cause for  which the money be lend see that without he the principal have not be credit  and experience bewray that this favour to surety breed contempt of bind  nothing be autem say Cicero quod vehemently remp to hold together how fides  queen no one be to be able si non to be necessarian loosing a thing creditar  fraudand yes object of hope lift to loosen need consequi but the case of the  purchaser good fide of land subject to a statute or recognizance be better  than of such a surety and so be the case also of the heir of the recognizor or  obligor for though the land be charge in their hand with the debt yet equity  ought to relieve they touch any penalty unless they be find in Mora c Mews dig  title principal and surety a nature of contract extent of liability
anonymous taste help in chancery a lease be make for life the remainder for  life the remainder over in fee first lessee make waste and because he in the  fee have no remedy by the commonlaw and caryi waste be a wrong prohibit he  shall be help in chancery Crompton
anonymous tenant of the land uncertain if a man have cause to demand land by  action and know not the tenant of the land by reason of the make of secret  estate it have be late use to draw they in by oath to confess the tenant but  it be now doubt
anonymous that of February sir Nicholas Bacon die that of April the seal  deliver to sir Thom Bromley memorandum that the that day of February last sir  Nicholas Bacon Knt Lord keeper of the great seal of England die at Yorkhouse  and the seal be the same day send for by the Lord treasurer remain with the  queen majesty till the that day of April last on which day the same be deliver  to sir Thomas Bromley Knt Lord chancellor of England Pasche Elizabeth
anonymous the ancient course of proceed on a prohibition blow Com Reg per Ch  just in the case of prohibition where they be grant upon a motion the ancient  course be that the party prohibit sue out a to know facias quare consultation  non debet to go away post prohibition in which writ the suggestion be recite  and also a prohibition grant thereon ad damnum of the party afterward this  practice be alter and the course come to be thus videlicet upon grant a  prohibition to the plaintiff the court bind he in a recognizance to prosecute  a attachment of contempt against the defendant for sue in the spiritual court  after a prohibition grant and then to declare upon the prohibition so that he  who be the defendant in that court be now become actor or plaintiff in the  court above
anonymous the bind make to the Lord chancellor c common it be use to take the  bind in the name of the Lord chancellor Lord keeper of the great seal of  England the master of the roll or to any two of the master of the chancery all  which be good and Allowable by the practice of the court of chancery
anonymous the court will not turn over a prisoner till officer pay for bring  he up a prisoner be bring up from Oxford gaol by habeas corpus in order to be  turn over to the kin S bench but the court refuse to do it because the sheriff  be not pay the charge of bring he up and so he be remand vide white v Haugh  post the opinion of foster I strange report er p
anonymous the defendant in error can transcribe the record Luke Robinson move  that the defendant in error may have leave to transcribe the record the  plaintiff in error not have do it in order to non pro the writ of error and to  have the benefit of the recognizance enter into by the bail upon the writ of  error but per cur chapel wright and Dennison absent lee c j it never be do
anonymous the feoff shall retain the land to his own use surattainder de  felony if beneficiary and use be attaint of felony the lord shall not be aid  by subpoena to have his escheat and if the heir be bar by the corruption of  his blood then the feoff as it seem shall retain the land to his own use  Edward feoff of use brook Mews dig title Criminal law b offence general felony  right of the crown
anonymous the first weekly payment to a prisoner have a retrospect to the day  of notice upon a motion for discharge the defendant out of prison it appear  that notice have be give to the defendant upon the saint day of march that the  plaintiff will pay he two shilling and four penny per week that upon the that  day of April sayer two shilling and four penny be pay to he and upon the that  day of April two shilling ad four penny a rule be make for discharge the  defendant and by the CourtThe first weekly payment to a prisoner have always a  retrospect to the day of notice and as the Weekfy payment to a prisoner be to  be make upon the first day of every week the prisoner must be discharge  because the second weekly payment be not upon the seven day of April
anonymous the great part of the debt pay and the rest offer relive in chancery  if the obligee have receive the most part of the money Payable upon the  obligation at the peremptory time and place and will never the less extend the  whole forfeiture immediate refuse soon after the default to accept the residue  render unto he the obligor may find aid in the chancery
anonymous the mortgagee after the day of payment bring a ejectment and the  court order he to show cause why on payment to the lessor or bring into court  principal interest and cost proceed shall not be stay and Denton who move it  say it be do often in c b the practice now be to do it by summons before a  judge imp pract KB Edward Felton v ash barn
anonymous the plaintiffs father seize in fee with a condition to reenter  devise for life a to lead tecum the plaintiffs father do purchase in feefarm  to he ld his heir the manor of LongEason in the county of Derby of one  Kymwelmarch render eight pound rend with a condition of reentry for nonpayment  of the rend devise the land to another for life a to lead tecum for the  evidence year Elizabeth
anonymous the recital of a devise in the admittance to a copyhold be good  evidence as between the lord and the devisee as between the heir and the  devisee not the steward foul draught be good evidence of the admittance the  dispute be between the lord of the manor and the devisee of a copyhold of the  same manor and it be rule by holt chief justice lend assize at Cambridge that  the recital of the will in the copy of the admittance be good evidence of the  devise against the lord or any other stranger but if the suit have be between  the heir of the copyholder and the devisee the will itself ought to have be  produce he rule that the foul draught of the steward of the manor of the  admittance be good evidence ex relation mri place
anonymous the record must be produce before a witness can testify what pass at  the trial per curian if a witness be to testify what another say at a former  trial upon his oath that be now dead the record of that trial must be produce  or else such evidence be not to be admit
anonymous the relator in a information in the nature of a quo warranto be  liable to cost for not proceed to trial pursuant to notice of trial a rule to  show cause why the relator in a information in the nature of a quo warranto  shall not pay cost for not proceed to trial pursuant to notice of trial be  make absolute and by the CourtIt be by the Ann c provide that if judgement  shall be give for the defendant in a information in the nature of a quo  warranto he shall recver his cost against the relator and it appear to be  within the equity of that statute that the relator in such information shall  pay cost for not proceed to trial pursuant to notice of trial
anonymous the same day debt devise to be pay out of real and personal estate a  man devise his debt to be pay out of his real and personal estate the executor  pay more than his personal estate he shall be reimburse out of the real estate
anonymous the same day purchaser protect purchaser of land encumber with two  statute purchase in a precedent statute have no notice of the second statute  Lord keeper if he have no notice of the second statute before he be dip in the  purchase he shall defend himself by the first statute whether the same be pay  off or no if he can at law do it equity shall not hurt he
anonymous the same day purchaser without notice of bankruptcy not Chargeable  in equity to discover assignee of the commissioner of bankrupt Portman exhibit  his bill against the defendant to discover land c which be the bankrupt at the  time of his break Hutchins for the defendant plead that he be purchaser for  full and valuable consideration and at the time of his purchase and have no  notice of any Act of bankruptcy nor that Portman be a bankrupt nor of any  Commission and refuse to make discovery and the plea be allow by my Lord north  Lord keeper
anonymous they may grant office but not annuity fee to counsel nevertheless  those feoff may grant necessary office as stewardships bailiwicks c though  they may not grant annuity to learned man to defend the land Henry they may  also as it seem give fee to counsel and shall have allowance thereof so far as  they be from be maintainors
anonymous this case be take from atkins it be not to be find in Lord hardwicke  note book February that atk 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
anonymous this case be take from atkins it be not to be find in Lord hardwicke  notebook February that atk where there be a trust or any thing in the nature  of a trust notwithstanding the ecclesiastical court have a original  jurisdiction in legacy yet this court will grant a injunction a bill bring for  a injunction to stay a suit in the ecclesiastical court for a legatee because  that court can make a legatee very bind in case of a deficiency of asset and  this be the day for show cause with the injunction shall not be dissolve the  counsel for the plaintiff rely on the case v of knight v clarke cite in the  case of Noel v Robinson vern where the Lord chancellor say there be a  difference between a suit for a legacy in the spiritual court and in this  court if in the spiritual court they west tempt Hardwicke will compel a  executor to pay a legacy without security to refund there shall go a  prohibition the Lord chancellor continue the injunction till the hear because  the plaintiff be a executor in trust only for where there be a trust or any  thing in the nature of a trust notwithstanding the ecclesiastical court have a  original jurisdiction in legacy yet this court will grant a injunction trust  be only proper for the chance of this court the rule in this court now be vary  since the case in Vernon report for they be not oblige to give security to  refund upon a deficiency of asset his lordship mention a case where a woman a  infant be entitle to all legacy west tempt Hardwicke er p upon her marriage  the husband institute a suit in the ecclesiastical court for it which he may  do but upon the executor bring a bill and suggest this matter to the court a  injunction be continue till the hear of the case and the same order be make in  the present case see hill v turner ante p Jewson v Moulson atk cite in pre Ch  wind v Jekyl p wms
anonymous this case be take from atkins it do not appear in Lord hardwicke  notebook atk the statute of limitation will run notwithstanding the  appointment of a receiver see sharp v carter p win Lord Hardwicke say though a  receiver be appoint by this court yet that will not alter the possession of  the estate in the person who shall be find entitle at the time the receiver be  appoint so as to prevent the statute of limitation run on during the right in  dispute
anonymous this case be take from atkins it do not appear in Lord hardwicke  notebook march that atk after publication plaintiff can amend without withdraw  his replication Except in the case of a infant who have be permit to amend  after the cause have be bring on to be hear fawkner v Watts atk Pritchard v  Quinchant Amb or to add party Goodwin v Goodwin atk or where the matter in the  bill have not be put in issue with sufficient precision Filkin v hill bro PC  bro PC and ed or where it have be necessary to strike out party or to amend  the prayer of a bill Woollands v Crowcher Ves palk v Clinton ib or where there  have be a mere clerical mistake attorneygeneral v Newcombe Ves it be say by  the Lord chancellor that after publication be pass there be no instance of a  plaintiff obtain a order to amend his bill without withdraw his replication
anonymous this case be take from Mr forester manuscript Lord chancellor I  remember the case of Austin v will where the three subscribe witness to the  will swear positive that the will be not duly execute yet they go into  circumstantial evidence that it be and the will be establish by verdict on  three trial the last of which be at well before chief justice Eyre and I be  counsel in it
anonymous this case do not appear in Lord hardwicke notebook may saint atk the  court will not appoint a receiver of a infant estate where there be no bill  file so ex part Mountfort Ves and cherry v cherry at the roll cite in Ves  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
anonymous tithe not set out agree by Pemberton chief justice in evidence on  debt for Triple damage for not set out of tithe that the set they out and take  they away himself be not good within the statute Edward c otherwise if they be  take away by a stranger
anonymous to avoid future perjuryPayment for the principal by the surety if  one that be bind with another for the debt of the other pay it at the day for  fear of arrest now if he sue his counterbond which he have to save he harmless  non be damnifloatus be a good plea at the commonlaw against it but yet the  chancery will give order for his repayment mich Elizabeth and whereas such a  surety pay the debt and sue the principal upon his obligation to save he  harmless the prin caryi er p cipal bring a subpoena and allege that he have  deliver good into the hand of the surety to save he harmless pray a injunction  to stay his suit but because the surety make another title to the good the  court will not stay the suit for he e Mews dig title principal and surety c  right of surety recoupment
anonymous to bring in a obligation to be cancel a man buy debt due upon  obligation and give his own obligation for the money to be pay for they and  because he have not quod pro quo but only thing in action and the seller will  not use action upon they for the benefit of the vendee it be order here by the  assent of the judge thereto call that the vendor shall bring in the obligation  to be cancel in h
anonymous to discharge himself of a bind be permit in equity piers be bind in  a statute to haw and Joan for the behoof of Joan and haw release to ivers  whereupon she bring a subpoena against they both but piers be discharge  although he know the confidence because it be permit in such a case a man  shall help himself to be charge of his bind and the subpoena stand against haw  because he have deceive Joan Edward a yet qure for it be no conscience to be a  partaker in fraud therefore if my feoff in use have make a feoff unto one that  know of the use the subpoena do lie against caryi they both Edward and the  case precedent like not the reporter
anonymous to take bind of such as appear upon contempt to attend from day to  day it be order that from henceforth no entry be make by any of the atorneys  into the register book of this court of any appearance of or upon any  attachment or commission of rebellion caryi but that the party so appeal shall  first enter into sufficient bind by obligation to this court to be take by the  register of this court with condition to attend from day today and not to  depart before he be special licence by this court pascha Elizabeth
anonymous Trin Ann B R after bailbond forfeit defendant can plead in abatement  in the original action if a man have forfeit his bailbond and so be in pity  and the court in favour of he stay proceed thereupon he can afterward plead in  abatement to the original action but must plead in chief
anonymous Trin Ann B R Mod S C by the name of George v pierce h be a tort  executor by take the intestate good before administration not after ante show  die b Swinb roll Abr c far salk cro et per holt c j if h get good of a  intestate into his hand after administration be actual grant it do not make he  executor of his own wrong but if he get the good into his hand before though  administration be grant afterward yet he remain Chargeable as a wrongful  executor unless he deliver the good over to the administrator before the  action bring and then he may plead plene to manage a vide   b f n b but if he  take upon he to act as executor he be Chargeable to all event a r send for  Padget v priest t r Curtis v palmer t r affirm in the exchequerchamber h Bl  vide Vaughan v brown Str
anonymous Trin Ann B R render in discharge of bail in a action will not  discharge the bail on a indictment the defendant in a indictment in B R be  bail on the indictment and likewise in a civil action then pen against he in c  b render himself in discharge of his bail in the civil action to the fleet and  from thence by habeas corpus he move himself to the king bench and escape his  bail to the indictment move that their recognizance may not be estreated  pretend he be take out of their custody by his commitment to the marshal send  non allocatur for they must take care of he there and they may have have he  commit in discharge of they ex motion Broderick and Raymond
anonymous Trin Ann B R see anon salk with note judgement shall not be set  aside because attorney appear without warrant if he be sufficient Mod case a  attorney appear and judgement be enter against his client and he have no  warrant of attorney and now the question be if the court can set aside the  Salkeld er p judgement et per cur if the attorney be able and responsible we  will not set aside the judgement the reason be because the judgement be  regular and the plaintiff ought not to suffer for there be no fault in he but  if the attorney be not responsible or suspicious we will set aside the  judgement for otherwise the defendant have no remedy and any one may be undo  by that mean
anonymous Trin Ann B R side debt on judgement in B R lie in the Marshalsea  contra post post Mod oasis vent side ante per curian debt lie in the  Marshalsea or any other court upon judgement in c b or B R and upon nul tiel  record the issue shall be try by certiorari and mittimus out of chancery the  judgement be the gist of the action qure how that can be allege to be within  the jurisdiction which be necessary Salkeld er p Salkeld deceit
anonymous Trin Ann B R side effect of a bare entry   light a and Leon Leon owe  Cowp per holt c j a bare entry on another without a expulsion make such a  sesin only that the law will adjudge he in possession that have the right and  so be the word to go into to be ind seized prout law postulate to be  understand in special verdict but it will not work a seize or abatement  without actual expulsion Salkeld er p
anonymous Trin Ann Jurat load and do not say impannellat yet good the caption  of the indictment be per sacrum of the jury estimable of man c jurat load  without say impanellat and for that reason it be move to quash it but deny per  totan curian
anonymous Trin Ann salk S C where a attorney appear without a warrant and  judgement be have against his client it shall not be set aside if the attorney  be responsible if a attorney appear and judgement be against his client and he  have no warrant of attorney from he to appear the question be if the court  will set aside the judgement Bl per curian if the attorney be responsible it  shall not be Salkeld set aside because the judgement be regular and there be  no reason that the plaintiff shall suffer when he be not in fault but if the  attorney be not responsible or suspect to be unable the judgement shall be set  aside for otherwise the defendant have no remedy attornment
anonymous Trin car the bill be only for the discovery of a deed to which the  defendant demurrer because the plaintiff have not make oath accord to the  course of the court that he have not the deed but sergeant Glynn insist for  the plaintiff that the course of the court do not require such oath in this  case because the bill be bare for a discovery and not to be relieve as to the  deed for where the bill allege the want of a deed and seek relief upon the  matter contain in the deed in such case it be necessary that the plaintiff  shall Nelson make oath that he have it not but where the plaintiff by his bill  seek only for a discovery of a deed and no decree upon the matter therein  contain but that he may produce it at a trial or the like in such case he  ought not to be put to his oath for it be not to be presume he will exhibit a  bill if he have the deed to produce and this difference be now allow and the  demurrer overrule
anonymous Trin W m challenge for favour upon a trial at bar the question be  whether the fair call WayHill fair shall be keep at WayHill or at Anderry and  one of the jury be challenge because be live at WayHill and the objection be  that the fair occasion manure to improve the ground on the other side it be  consider that the fair occasion trample of the grass this be a challenge to  the favour two of the juror be swear to be triers and their oath be you shall  well and true try whether a the jurymanchallenged stand indifferent between  the party to this issue
anonymous Trin will B R after a whole term elapse the plaintiff must give a  new notice in a ejectment for land in Middlesex the declaration be deliver  after the essoinday of Michaelmas term the plaintiff let that term pass  without do any thing and also till the last day of Hilary term in like manner  when he move for a rule to plead and for want of a plea sign the judgement and  the court hold this to be a surprise upon the defendant for when he let all  Hilary term slip without do anything within which time he may have have a  trial he ought to have give fresh notice as in case a man let we a assize pass  in a country cause without proceed wherefore the judgement be set aside
anonymous Trin will B R alias habeas corpus grant upon insufficient return  holt S c a habeas corpus go to the stannary court to which a insufficient  return be make and therefore disallow biper cur the warden of the stannary  must be amerce and you may go to the coroner and get it afeard and estreat it  you know my Lord bath amerciament be and a alias habeas military engine must  go for the Salkeld insufficiency of the return of the first and upon that the  body and the cause must be remove up if another excuse be return we will grant  a attachment
anonymous Trin will B R jury strike by the master and the practice thereon  lill vide ante a rule be make that when the master be to strike a jury  videlicet fortyeight out of the freeholder book he shall give notice to the  atorneys of both side to be present and if one come and the other do not he  that appear shall accord to the ancient course strike out twelve and the  master shall strike out the other twelve for he that be absent
anonymous Trin will B R No new rule to plead after a amendment unless a  imparlance be give post pl the question be whether there ought to be new rule  to plead upon a amendment pew clerk of the paper say that if the plea be of  another term there ought to be new rule otherwise if it be a plea of the same  term because there be a rule to warrant the judgement holt c j ancient they do  not plead de to make new Salkeld after a amendment therefore give rule to  plead again can be the ancient course because the practice of plead de to make  new be but of late introduce but with great reason when the plaintiff amends  and give a imparlance there shall be new rule otherwise not see salk  information amend after plea plead why
anonymous Trin will B R nothing can be take advantage of on a plea over which  can not on a general demurrer vide will   b if a man plead over he shall never  take advantage of any slip commit in the Salkeld er p plead of the other side  which he can not take advantage of upon a general demurrer per holt c j see  Mod
anonymous Trin will B R post tollers case S C one indict of murder ought not  to be bail upon affidavit of the evidence Jon still Bulst holt I S be commit  upon a indictment for murder move to be bail and this within less than three  week of the session rokesby and Turton be for bail he because the evidence  upon the affidavit read do not seem to they sufficient to prove he guilty holt  c j and gold contra the evidence do affect he and that be enough the allow the  favour of bail may discourage the prosecution therefore it be not fit the  court shall declare their opinion of the evidence beforehand for it must  prejudice the prisoner on the one side or the prosecutor on the other Salkeld  er p
anonymous Trin will B R S C ld raym by the name of the college of physician v  salmon corporation must have a name either express in the grant or imply in  the nature of the thing   b way Com dig capacity b vol edit p per holt c j my  Lord coke say that a corporation must have a name but that must be understand  to be either express in the patent or imply in the nature of the thing as if  the king shall incorporate the inhabitant of dale with power to choose a mayor  annual though no name be give yet it be a good corporation by the name of  mayor and commonalty so the city of Norwich be incorporate to be a mayor and  sheriff by the charter of Henry and be call mayor sheriff and commonalty a  corporation aggregate may appoint a bailiff to distrain without deed or  warrant as well as a cook or butler for it neither vest nor divest any sort of  interest in or out of the corporation so hold inter caryi matthews in cam Scam  a a vide vin ab
anonymous Trin will B R salk pl S c murder not bailable a person be commit for  murder and be move to be bail two judge be of opinion that he may because the  evidence do not prove he guilty but holt Ch just and gold just be against it  for that the evidence do affect he and to allow he this favour will discourage  prosecution and they will not give any opinion of the evidence for as it may  prejudice the prisoner on the one side so it may the prosecutor on the other  side
anonymous Trin will B R Str barn burr how the defendant shall plead after a  voluntary appearance there be a question if a man appear voluntary before  month pasch in er p easter term whether he be oblige to plead to enter sir  Samuel astry and Mr clark be of opinion he be not but per holt c j there be no  difference between a voluntary appearance and a appearance upon a to take in  hand corpus for a voluntary appearance be not good unless a writ have be take  out and there be no reason for it for if the plaintiff be content with a  voluntary appearance in case of the defendant there be no reason why the  plaintiff shall be in a worse condition than if he have arrest he let the rule  be if a writ be take out and the defendant agree to appear he shall appear and  plead accord to the return of the writ and if the return he before month pasch  be shall plead to enter but if no writ be take out he shall not be oblige to  appear but if a writ be take out returnable after month pasch be shallhave a  imparlance till next term
anonymous Trin will B R where a statute create a new thing in write it must be  so plead but where it only add it to a commonlaw matter it needs not be set  forth in a declaration but in a plea it must raym Lutw side lev cro Elizabeth  bull n p if a Act of parliament make write necessary to a commonlaw matter  where it be not necessary by the commonlaw you need not plead the thing to be  in write but give it in evidence but where a thing be original make by Act of  parliament and require to be in write you must plead it with all the  circumstance require by the Act as upon the statute of h of will you must  plead a will to be in write but a collateral promise which be require to be in  write by the statute of fraud you need not plead to be in write though you  must prove it so in evidence a per holt c j a in Villars v Handley will a plea  that a heir have nothing but the reversion expectant on a term of year  commence year be hold ill because it do not state the term to be create in  write the report say by deed accord to the statute of fraud but this case do  not appear to have be cite
anonymous Trin will in scacc king can grant a annuity f n b king dyer b Plowd  a the king can grant a annuity for his person be not Chargeable as the person  of a subject but if he grant it out of his excise or any branch of his revenue  it be good for there be somewhat therewith Chargeable per baron scaccar
anonymous Trin will indictment for scold quash hawk ch S indictment for scold  be quash because it be not say to be ad great disturbance peace a house Regin  nor to put under or ligeorum of oneself
anonymous upon a demurrer after Trinity term car where it behoof that the p  make oath of the loss or want of a deed and where not the bill be bare to  discover a deed the defendant demurrer because the plaintiff have not make  oath accord to the course of the court that he have hot the deed sergeant Glyn  for the plaintiff insist that the oath be not require by the course of the  court in this case and he take this difference that when the bill allege the  want of a deed and seek to be relieve upon the matter of that deed by a decree  there such oath be necessary but where the bill seek no decree but bare to  have the defendant discover whether he have such deed or not or to have the  deed produce at a trial in that case the plaintiff ought not to be put to his  oath for it be not to be presume the plaintiff will exhibit a bill in either  of the latter case if he have the deed this difference be well approve of by  the Lord chancellor and thereupon the demurrer overrule note the case in vern  Sanson v Rumsey videlicet the defendant have by his answer swear that he have  in a passion burn his marriage article at such a time c but it be prove that  he have produce they afterward he be commit and though he make oath that he  have they not nor can produce they yet the court will not discharge he till he  consent to the article as set forth in the bill
anonymous use of gavelkind at the commonlaw Henry dyer whether the use of  gavelkind land shall ensue the nature of t land and so of borough English or  shall be at the commonlaw because the custom do extend to land and not to use  or rend as be say against Fitzherbert
anonymous v anonymous requisite in affidavit to put off a trial for want of a  material witness per Parker chief justice in a affidavit to put off a trial  for want of a material witness two thing be requisite gilbert case er p to  show that he can now be have that there be a probability he may he have in  some reasonable time for a perpetual reason be no reason
anonymous v anonymous the bail move to set aside a judgement obtain against  they upon the bail bind and upon a reference to Mr clark the case appear to be  that h a attorney gilbert case be arrest and give bind for his appearance  wherein the defendant be his surety to the sheriff and neglect to put in bail  but enter a voluntary appearance for his surety in action on the bail bind  without arrest or give any notice to they and then let the plaintiff take  judgement by default the defendant be ignorant of the whole proceed Eyre and I  powys justice think that the judgement ought not to be set aside because the  plaintiff be in no fault and have do all that he can and no contrivance appear  between he and the defendant in the original action but the fraud be only in  the latter and the bail may take their remedy against he for appear without  warrant l powys justice semble encontre absent chief justice gilbert case er p
anonymous v du each one July chancellor where the same hand be to pay which  receive it be a actual payment a and b be two merchant who have run account  with each other a buy African stock in trust for b afterward b agree to give a  pound to take select case tempt king pound stock at pound per cent to be pay  six month after b be considerable indebt to a a make b debtor in his book for  the pound but do not give he credit for the pound which be what the stock  amount to a have a statute of bankruptcy take out against he then come the  statute for register all contract make in the year in part or in the whole  unperformed question be whether this pound shall be allow in the account of b  as against the assignee chief justice Raymond and baron Cummings assist the  chancellor it be determine that this case be not within the statute for  register contract for it be a contract execute and perform for b be indebt to  a at that time the money for which the contract be shall be look on as pay and  be a actual discharge so it be in all case here the same hand be to pay which  be to receive it be eastern instant a payment hob friar v Gildridge and so it  will be at law here no entry be make in his book but no advantage shall be  take of that for what he shall have do will in equity be look on as do it have  be attempt to be differenced by his become a bankrupt but the law be very  clear that the assignee be exact in the same place as the bankrupt and stand  in his place to every particular and any agreement enter into shall bind they  and though there may not be the same remedy against they that be not from the  nature but the necessity of the thing for he shall make a adequate and  complete satisfaction as far as his fortune will admit of in the hand of the  assignee
anonymous variance between the indictment the certiorari before ass hawk ch S  certiorari to remove a indictment de dvobus horse felon lead away and the  indictment be de to make one horse furtive abductor per curian nothing be  before the court neither have they any warrant to proceed in this case for  there be a variance between the indictment and the writ Salkeld challenge  charnock case where three may join or sever in their challenge Charnock king  and key be indict for high treason in conspire the death of the kin they be  deny counsel but allow pen ink and paper and have several plead not guilty  holt Ch just tell they that each of they have liberty to challenge thirtyfive  of those who be return upon the pannel to try they without show any cause but  that if they intend to take this liberty then they must be try separate and  single as not join in the challenge but if they intend to join in the  challenge then they can challenge but thirtyfive in the whole and may be try  joint upon the same indictment accord they all three join in their challenge  and be try together and find guilty
anonymous variance certiorari to remove a conviction of forcible entry and  detainer against a and his wife the conviction return be against a only and  for this variance the certiorari be quash vide salk
anonymous venue can be change in action on a note of hand Mr Benne move to  discharge a rule r change the venue from London to ken the action be upon a  promissory note but refuse per cur although be cite several case in the common  plea where it have be do and bid he search precedent in this court
Anonymous versus layfield all before holt CJ at nisi prius salk action of the  case be bring for money have and receive to the use of the plaintiff it appear  upon evidence that the defendant and other be banker and partner and the  plaintiff have give he S for which he receive a ticket in the double exchange  lottery and the defendant undertake to pay what benefit shall happen thereupon  the ticket come up a benefit of l and now it be object that the defendant only  ought to be charge and not his partner holt CJ it appear in this case that  they be partner in their trade and goldsmith and the adventurer put their  money in upon the credit of the several goldsmith therefore it shall be  presume the act of the defendant layfield be the act of the other and shall  bind they unless they can show a disclaimer and refusal to be concern in it  the plaintiff have a verdict for forty pound see deceit holt KB mandamus
anonymous vide ante pl several ought not to join in a writ to be restore lev  Mod see side Mod ante pl sand vent lev Str a mandamus go to restore nine  person to the place and office of common councilman the constitution be return  and that these nine be debit move away holt c j the writ ought to be quash  there ought not to be nine person in one Salkeld er p writ the amotion of one  be not the amotion of another their interest be several and they may have be  remove for several different cause one for one fault and another for another  how can we grant a joint restitution to they Eyre be of the same opinion  Salkeld marriage
anonymous void limitation de lease in vol cook lib a termor devise his term  and whole lease to b proviso that if b die live c then the term shall whole  remain to c b sell the term and die live c and by the opinion of the justice c  shall have no remedy dyer Mews dig title landlord and tenant m covenant not to  assign or underlet c breach of
anonymous warranty and if remedy in chancery shall be extend to a collateral  warranty the same saint germane say that then all write shall be examine
anonymous waste forbid in chancery where not punishable at law notam per  Egerton chancellor where tenant for life the remainder for life though there  lie no action of waste in chancery yet he shall be prohibit to do waste by the  chancellor for wrong to the inhabitant and hurt to the commonwealth hill James  caryi er p
anonymous what be a corporation vide Bl Com per holt Ch just a corporation be  a ens civil a corpus of the state a mask political a collegium a universitas a  law to have ritual some be constitute for public and other for private charity  the former be not subject to any founder or particular statute but to the  general law and statute of the realm by which they be maintain and support but  private charity be subject to the rule and ordinance of the founder who by law  be visitor unless he appoint another
anonymous where a bind be give condition to pay at a future day and a warrant  of attorney to enter up judgement thereon but judgement be sign and execution  issue before that day the judgement will be hold regular but the condition  operate a to be remiss execution the execution will be set aside upon the  master report as to the regularity of a judgement and execution the case be  this that the defendant be indebt to the plaintiff do for his great security  give he a bind and a warrant of attorney to enter up judgement upon a P  of  mutuor but the condition of the bind be not to pay the money till the that of  July next and this bind and judgement be for the same debt the plaintiff enter  his judgement and take the defendant good in execution in may last per cur as  this judgement be for the security of the same debt for which the bind be give  we shall consider the condition of the bind as a to be remiss execution upon  the bind until the time of payment and therefore the execution in this case  must be set aside but the judgement be regular and that must stand
anonymous where a writ of error be bring and no record certify c the defendant  may have a writ de execution judgment vide will where a writ of error be bring  and no record certify at the day of the return of the writ the defendant in  error take a certificate of this matter from the proper officer of the court  where the writ be returnable he may take out a writ de execution judgment of  course and the party can hinder execution thereupon without he bring a new  writ of error
anonymous where remedy at commonlaw no help here a make a deed of feoff to his  own use to b but give no livery of seize a die c his heir bring a subpoena  against b but by Morton master of the roll c be deny help here because b have  nothing caryi er p in the land and if he abate there be remedy at the  commonlaw against he Edward
anonymous where the plaintiff move to put off the trial until the production  of a deed it must be swear that the party can safe go to trial without it  trespass defendant justify as bailiff to Lord Bathurst plaintiff reply that  Lord Bathurst be not seize and the cause be to be try at the next assize at  York Fenwicke move to have the trial put off till the duchess of Buckingham be  compel by chancery to produce a deed at the trial which she refuse case tempt  Hardwicke court refuse the motion for perhaps the duchess may have a interest  in it and what be that to the plaintiff for he have not the deed nor be in  collusion with the duchess in which case possible you may have frame a proper  motion but the court of equity be the proper place to apply to and if they  think proper will grant a injunction however your affidavit be not sufficient  for you only swear you apprehend the deed to be material but you shall have  swear you can safe go to trial without it case tempt Hardwicke er p
anonymous where there needs no liberate on a extent roll ab rule that where a  extent be upon a statutemerchant there needs no liberate for the sheriff may  deliver all in execution without it but where a extent be upon statutestaple  or upon a recognizance there must be a return make of such a extent and then a  liberate before there can be a delivery in execution it be for this reason  that a statutemerchant be say to include a liberate Salkeld and that the  sheriff before the liberate upon the extent may take his fee but not where the  extent be upon recognizance
anonymous witness ad injormand knowledge notam that witness ad informand  knowledge shall never be appoint to be take but upon hear where judge doubt  but yet witness examine after publication not fit to be publish may be fit to  be ad to shape knowledge if it shall be think meet upon the hear hill James
anonymous witness examine after publication ad to shape knowledge judge upon  affidavit make by the plaintiff that since publication grant he have diverse  caryi er p witness set down their name come to his knowledge which former he  have not knowledge of therefore order he may examine they before the examino  ad to shape knowledge judge
anonymous year car the bill be to have a decree for a enclosure upon a  agreement make by the party for that purpose but there be eighteen share and  but fifteen party to the suit it be object that all the party to the agreement  be not make party to the suit and also that other person claim a right of  common in the soil now to be enclose who be neither party to the suit or  agreement and therefore to decree that agreement will be to do manifest wrong  and occasion many suit and quarrel to which it be answer that though there be  eighteen share and but fifteen party yet some of those party be to have two  share and that Nelson there be one bad common but it be by reason of vicinage  whereupon it be decree that the agreement for the enclosure shall be perform  and a Commission be award to set out the share of each person and the court  declare that if there be any who be not party and who have any Nelson er p  interest they can not be bind by this decree and so be and no prejudice but  that it shall not be in the power of two or three obstinate person to oppose  and hinder a public good
Anselm against barnard Thursday June sewer in trespass the defendant justify  by commissioner of sewer the plaintiff reply de in an unjust manner own and in  evidence to a jury at bar the sluice appear to be in the level in Wapping and  that the plaintiff be inhabitant of Ratcliff high ground that run through  these into the Thames and per curian all ground that do annoy the sluice be  Chargeable or that have advantage by maintenance of it albeit not within the  level but this level be at first overflow and drain by a private Act of  parliament in the time of Henry the eight and so the plaintiff have neither  benefit nor prejudice therefore the distress ill take which be agree per  curian in direction to the jury and verdict pro plaintiff
ansley against Anslow Saturday may ante pl court Twisden say it have be rule  that such act justly towards by writ out of the chancery at Westminster be ill  in the case of carter against lily pasch car Tr car Cletherons case judgement  stay on act justly towards by writ out of the exchequer at Westminster and  Jones thereupon pray leave to discontinue this be obligation to perform  article one whereof be to repay money to the value of the bind almost which  the court grant or that the defendant agree that it be amend and make in  comMiddlesex but in debt on obligation Keble to perform covenant they do not  give leave because often a slite breach be assign to hedge in the penalty  Keble er p
Anslow against Anslow lieu Leond pl in debt on obligation conditional to  perform article which be that whereas the defendant be fine at a assize as  juror for default in consideration the plaintiff will procure a discharge he  will pay the plaintiff aver payment of h at the receipt of the exchequer at  Westminster not say in what county which be amerce and estreated on the  defendant to which the defendant demurrer general because as Hub rich against  Shirley no place be allege but by Jones pro plaintiff the court take notice of  this it be a general entry of the title of the plea at Westminster before  general and now there be only say at Westminster without predict which as dyer  and h shall be intend the same unless it be quidam such a one especial in a  plea in bar as here but per curian no issue can be take hereon nor process to  the sheriff and this general entry be only on the memorandum not in any plea  also the court and receipt of the exchequer may be in diverse place and  hereupon Jones allege that the plea be nought because as pl the article be  recite by a deed quod cum by such a deed testatum step forth which be not  sufficient though it be but inducement to the plea of performance general  plead and the court conceive it ill but adjornatur Keble er p
Ansty v dowsing Dec bill for discovery and relief plea to both allow as to the  relief overrule as to the discovery
anthony lister gentle plaintiff John lister and Johanna his wife Deforcients  trin geo of a moiety of land c in Yorkshire fine levy Trin Geo complaint be  lie before the court by Thomas cust gentle one of the coheir of William Stains  esquire decease support by many affidavit set forth that Johanna Lister one of  the cognizors sister and the other coheir of barn the say William Stains have  for some year pass be disorder in her sense and be so at the time when this  fine be levy the court thereupon may in last easter term make a rule for say  John Lister to show cause why the fine shall not be vacate and for John  Hancock gentle one of the commissioner who with two other take the fine by  dedimus power and who make affidavit of its due acknowledgement and barn er p  the capacity c of the cognizors to answer the matter in the affidavit upon a  enlargement of the rule may this term at the instance of say John Lister and  Hancock the court recommend it to they to produce say Johannah Lister who  reside in Yorkshire and accord June after the affidavit whereupon the rule be  make and many affidavit in answer be read she be bring into court and be  examine by the Lord chief justice appear to be a person of good capacity and  very well to understand the intent of this fine and the deed declare the use  thereof which be in favour of her husband with who she have live many year and  upon who she be desirous to settle her moiety of her say late brother estate  and prevent its descend to say t c her nephew and heir at law the court  discharge the rule with cost of the application to be pay by cust to say John  Lister and Hancock and also expense of say johanna journey to Westminster to  be pay by cust to say John Lister which cost and expense be to be tax and  ascertain by prothonotary prime will and pool for Cust Eyre Hewitt and Davy  for John Lister and Hancock
anthony mildmay case summons of the pipe issue against he to levy five hundred  pound upon a super set upon he by one Jones treasurer of certain sum of money  in the late time and Hardres er p a supersedeas be now move for because this  be a execution against body and good the party can else be receive to plead in  discharge of it and per hale chief baron summons of the pipe ought not to  issue but for a debt upon record or a debt state and determine and not for  money due upon matter in pais as this case S wherefore if a collector in chief  charge his undercollector upon account or a undercollector charge any  particular person within his precinct or if any accountant charge another  together with himself for timber or other good of the king sell to he and not  pay for summons of the pipe shall not issue in these case but a to know facias  or a distringa ad to sum up to which the party may plead for that these debt  be not debt upon record but arise upon the accountant charge only and so here  wherefore in this case the summons of the pipe be supersede and a to know  facias ad to sum up award
anthony weston and sarah his wife plaintiff richard Keighley defendant two  Jointenants for life one of they exhibit a bill to which the defendant  demurrer for that the other be not make a party the plaintiff by their bill  demand a account of the rend and profit of a message in rigate set forth that  Stephen baker father of the plaintiff Sarah devise the premise to his son and  their heir lawful beget and that if they die without issue then to his  daughter Sarah and Alice and that both the son be dead without issue c to  which bill the defendant demurrer for that it appear by the plaintiff own show  that the plaintiff Sarah and Alice her sister be Jointenants for their life  and that they have not make Alice a party and it do not appear by the say bill  but that Alice be still live and have a joint interest in the premise with the  plaintiff during her life the court allow the demurrer
Antonio RODEREGIUS de morsis against nun amendment Edkings pray a amendment of  the pannel in the simul cum other juratoribus being under oath after verdict  and judgement which Symson on Kemptons case Cr oppose but the court conceive  these but word of form which may be amend notwithstanding Yelvert pl at  commonlaw without the help of the statute car because it be say before they be  dainties being under oath which have be well enough alone therefore it be  amend
ANUNYMOUS S C salk holt the servant of a carman run over a boy in the street  and maim he by negligence and a action be bring against the master and the  plaintiff recover the servant of a with his cart run against the cart of b in  which there be a pipe of wine videlicet sack and overturn it whereby the sack  be spoil and run into the street a action be bring against the master and hold  good by holt chief justice at guildhall ex relation mri place
any act lead to be do in part performance must be such as can not be do with  any other view or design than to perform the agreement Gunter v Halsey ambler  so no Act mere introductory or ancillary to the agreement though attend with  expense shall be hold a PartPerformance bro Chan Cas
any man make a party that be not charge to claim a interest may demurrer for  he ought to be examine as a witness and therefore where a bill be bring  against a to discover letter that will be evidence in a Cause between c and d  and to produce those letter in evidence a demurrer and the demurrer allow  Vernon and Swinburn ms note Q term and year I S bring a bill against b his  father to recover diverse sum of money from the father and also pound on a  stale bind of above twenty year stand the defendant demurrer as to that part  of the bill that pray belief on the bind or to recover the money due thereon  for that the plaintiff have a remedy for the same at law the bind appear to be  in his custody and take in his own name and the demurrer be allow vide will  Rep
any provision make by the father in his lifetime for his child be a  advancement within the custom unless it be declare by write that they be not  sufficient advance and for some time it be hold that in such write there must  be mention make what sum they receive from their father because of bring it  into hotchpot per curian Fouke v lewen vern but whether there be any  difference in give a portion before or after marriage or whether present at  Christian or lyingsin be to be reckon a advancement quaere vide Jenks v  Holford vern
any voluntary bind be good against a executor or administrator unless some  creditor be thereby deprive of his debt but a real debt though by simple  contract only shall have the preference per sir Joseph Jekyll master of the  roll mich in grammatical case Lechmere and earl of Carlisle all will Rep
any voluntary bind be good against a executor or administrator unless some  creditor be thereby deprive of his debt but if the bind be mere voluntary a  real debt though by simple contra t only shall have the preference per Jekyll  master of the roll Lechmere and the earl of Carlisle and Lechmere mich will  Rep
any voluntary bind be good against a executor or administrator unless some  creditor be thereby deprive of his debt indeed if the bind be mere voluntary a  real debt though by simple contract only shall have the preference but if  there be no debt at all then a good however voluntary must be pay by a  executor per sir Joseph Jekyll mich in grammatical case Lechmere and earl of  Carlisle will Rep
apas versus Higgins case word Pophams Rep foe Aris bring a action upon the  case against Higgins for say these word he be a thief and have steal my corn  and make I no satisfaction and it be find for the plaintiff and afterward move  in arrest of judgement that these word be not actionable for word varying  state in mild sensum are to take without effort and therefore coke lib fol  thou art a thief for thou have steal apple out of my orchard or thou have rob  my hop ground the latter word qualifle the generality of the former also a  innuendo will not make either the person or the matter certain coke lib fol  Barham do burn my barn innuendo a barn with corn not actionable and that he  have not satisfaction that prove that it be for corn grow for otherwise if it  be felony the party shall not have satisfaction but justice winch be of  opinion that the action lie and that the word he be a thief he have steal my  corn be both actionable and not like to rob my orchard or steal my apple in my  Hutton er p orchard for apple in a orchard be common upon the tree and as to  the word thou have thade I no satisfaction those do not qualify the former  word thou art a thief and have steal a bundle of fitches adjudge actionable  justice Jones be of the same opinion for steal of his corn shall be intend of  corn sever for otherwise it be acre of corn or corn grow Lord Hobart be of  opinion that the word shall be intend in mild sensum and we all agree that  that which qualify or extenuate word ought to be full and not ambiguous
apleford against spencer Thursday April devise in ejectment of the rectory of  Orpington in ken a without cure bring on a lease of two or three coheir of  Spencer the lessee for three life two whereof be in be by lease of Robinson  the former rector which be since cancel by the defendant Spencer the wife of  the lessee and a new lease take from say the now rector in her own name the  defendant by will the June car of her husband the first lessee claim by devise  to her for life the remainder to the daughter Margaret and Elizabeth lessors  of the plaintiff and on their death without issue to the nephew I S and the  court say that in draper and James case wherein wile say he be counsel it be  adjudge here that such land be not devisable but afterward in chancery it be  Keble adjudge devisable and Maynard for the defendant that the devise be good  he say he have be always a heretic in this opinion see dyer pl but on evidence  of reentry by doctor say for non payment of rend by the defendant the  plaintiff be nonsuit
APLEFORDS mandamus modern pl turner show cause against a mandamus to restore  to a fellowship in newcollege in Oxford because he have appeal to evesque  Winchester the local visitor and thereof produce the bishop certificate hale  Ch just say Edward in chancery a mandamus be grant and so of latter time and  albeit these be no such public officer for which a mandamus lie yet have be  grant this matter ought to come in by return and certificate be not sufficient  which the court grant notwithstanding dr Robert case and a mandamus be grant  post
apleton versus Baily mich James apleton as executor of apleton bring a action  of debt against Baily for the arrearage of diverse rend as well copyholdrents  as freeholdrents pertain to a manor whereof the testator be seize and thereof  die seize and the rend be not pay to he in his lifetime by reason whereof they  belong to the plaintiff as executor and the defendant though he be request  have not pay against the form of the statute of the h and the court that the  action do not lie for the arrearage of copyholdland for the statute of the h  do not extend to they but only to rend out of free land second it lie not for  the rend of free land because the plaintiff have not show in his declaration  that the defendant have not attorned to the testator in his life and although  in plead it be good to allege a feoff of a manor without plead any livery or  of any attornment of tenement but when the rend of any freehold land come in  debate it behoof both the owner of the manor and his executor that demand it  to convey the privity between the tenant and the lord which ought to be by  attornment for rend and service rest not without attornment which mark  Brownlow goldsborough er p action lie not upon that statute for arrearage of  copyhold rend
aplin V constable trin g I enter trin g rot cost upon a nonsuit at the assize  upon a issue in abatement Vid anon ante p miller v Seagrave ante p Foley upon  a rule make east Geo I for the plaintiff to show cause why cost shall not be  tax upon a nonsuit at the assize on bear counsel on both side it appear that  the nonsuit be on a issue in abatement and the court hold clear that upon a  nonsuit on such a issue the defendant shall have his cost for if it have be  find for the plaintiff it will have be peremptory and he shall have have his  cost and although cook c p if the defendant have judgement on a demurrer in  abatement be shall have no cost yet this be because the suit will not have be  end by such demurrer in case judgement have be give for the plaintiff but a to  answer ouster only must have be award upon which the plaintiff shall have have  no cost
aplin versus chamber mich geo I upon appearance to the to drive out facias the  defendant must plead instanter Foley in this cause the question be what time  the defendant have to plead after appearance to the to drive out facias the  court hold that be must plead instanter and though it be object that if the  appearance be to a to drive out facias returnable the last return of any term  the defendant will have no opportunity of apply to the court to bring in money  change the venue or other matter but in answer to that it be say that the  defendant may if he have any reason apply to a judge for relief but that the  court will not without manifest reason delay the plaintiff after the defendant  have stand out so many process
appellant to pay the cost of the day for want of proper party and to be at  liberty to amend his bill mark Morrison and Nesbite vin Abr pl
appleton against brian usury in debt on obligation with condition of bottomry  to pay when the ship shall return from Norway the defendant after oyer plead  corrupt agreement for lend to pay accord to condition to which the plaintiff  demurrer and per curian its no usury as in the case of green attorney in c b  have be late resolve judgement for the plaintiff
Appleyard v wood July Lord chancellor a will of a copyhold do not require  three witness but whether a trust relate to copyhold declare by will do queen  a surrender be make of a copyhold estate to trustee to the use of the will a  will be make with only two witness to it it be admit that a will of a copyhold  estate do not require three witness but this be a devise of a trust relate to  land so within the very word of the statute of fraud the heir controvert the  surrender and the will this point be not determine but two issue order though  the chancellor seem to be of opinion that the devise of a trust must ensue the  nature of the estate and not make it be necessary to have three witness as the  copyhold may be devise without three witness this may be a question to be  determine when the issue be try
apportionment John wiseman of the Inner temple bring a action of debt against  Thomas Wallenger the case be this a man seize of three acre of land in fee  make a lease reserve xxxs of rend and after devise the reversion of two acre  to a stranger and the three acre descend to the heir and he bring a action of  debt for xijd be behind and puckering move if they be agree of their judgement  in the case Anderson if a man let two acre of land rear rend and grant the  reversion of one of they all the rend be go as it be in dyer and at the  commonlaw before the statute of W there be no apportionment and the statute  speak of no such apportionment as this S road sure no book in all the law will  warrant this apportionment Fenner yes sir Edward if a man have a rend of xxs  and grant parcel thereof and the tenant attourns this be good road this be  another case but show we the case which be in the king bench against the next  term adjornatur but the plaintiff say then to diverse barrister that such a  case be adjudge with he in the king bench pasch xxviii Elizabeth rot between  wiseman and brewer and another case in the common place London Roger versus  hunt pasch Elizabeth rot Gouldsborough er p
apprentice against farrand prerogative court easter term may that objection to  a inventory must be plead in a allegation dr hay for farrand William Wallis  die intestate leave a widow Elizabeth who take administration and Anna maria  farrand a daughter the widow be dead and administration de good be grant to  farrand apprentice be executor of the widow he have take out process against  farrand to exhibit inventory and account and see portion allot farrand appeal  and give inventory c and then farrand pray a inventory from Prentece we now  object in a act of court to that inventory as not full dr pinfold for Golding  apprentice fanshaw for farrand in a act of court have allege our inventory lee  be not full he ought to object by a allegation we have swear to the truth of  the inventory whereas the act be only assertion judgement sir george lee I be  of opinion fanshaw ought to plead his objection a it have be a controvert  point whether it be competent to the ecclesiastical court to admit allegation  in objection to inventory a in a allegation and be accord assert he give a  allegation the case of hunter v Parker Mod Catchside v Ovington burr lee er p
approve man OF Guilford against mill arbitrement wile the king sergeant pray a  attachment against they for not obey a award make by Onslow and by rule of the  court on reference to they which per Keeling c j can be grant against a  corporation contra if the rule be between a b and c who comprise the  corporation but the court order they to show cause and in default thereof they  will proceed to restore he upon his mandamus bring here for his place  whereupon afterward they do restore he but will never summon he to any court
arbitrement error not assign in the exchequer Chamber cook show that a writ of  error be bring between bedell and more and say that there be a error in the  record which be not assign and pray that it may be examine although that it be  not assign because that it appear in the record which be agree to by the court  and then he show the case that two have submit themselves for all quarrel  ultimo die novembris a to stand to the arbitrement of two other and they  arbitrate that the plaintiff in this writ of error Gouldsborough report shall  release to the now defendant all action which he may have against he until the  of June then next follow which be half a year after and because he have not  perform this a action upon a assumpsit be bring and judgement give for the  plaintiff and all the justice agree that this be error because that this thing  arbitrate be out of the sub Gouldsborough er p mission and so void for they  have no authority to arbitrate that which be not submit unto they and the  submission be only of thing pass and not to come but because that the  defendant have not hear of this error before therefore they give he day  afterward the case be move a in and Anderson say that damage re cover do not  lie in arbitrement Peryam among other thing they will lie well enough quod  Anderson non to say no but they all say that they may well assume upon  consideration and a action will be maintainable for it
Archbald v BORROLD the defendant disclaim no witness to be examine touch the  death of another the defendant by his answer disclaim of the clerkship of the  peace in question and confess thereby that he deliver all the record and  titlings of session which he have to Mr Trentham custos rotulorum in the  county of Stafford and yet the plaintiff have reply to the same to examine the  manner of assault and other caryi matter touch the death of one Ashbrook and  go about to examine witness thereupon it be order that if cause be not show to  the contrary that no witness shall be examine touch the manner of assault or  death of Ashbrook or circumstance thereof Archbald plaintiff Borrold defendant  year Elizabeth
archbishop OF Canterbury vers full in all action remove by the defendant from  inferior court the plaintiff shall if he get judgement have full cost how  small soever the damage he recover may be trespass be bring in a inferior  court and the defendant remove the cause by habeas corpus into the king bench  and upon not guilty plead verdict for the plaintiff and d damage and Mr turner  move for full cost because this cause be remove by habeas corpus out of the  inferior court be not within the c r c and so it be hold by Northey and the  practiser to be the course upon action remove out of the Marshalsea and other  inferior court and so it be rule here ex relation mri Jacob
archbishop OF Canterbury versus a attorney judgement amend the judgement in  quare hinder be enter per attorn swine pillage whereas it shall be pillage  bishop per attorn def in not common with others mask and per Aston this be aid  by the late statute of jeofails and the court order d it to be amend cro  chamberlain S case
archbishop OF Canterbury versus Willis hill Ann B R administrator account post  per cur any person that be entitle to distribution within the stat car c be by  consequence entitle to sue the administrator in the ecclesiastical court to  make good his account by proof and examination upon oath as a legatee be  against a executor before that statute vide the report of this case at large  title executor Salkeld dower
archbishop OF Canterbury versus Willis mich Ann B R post condition to exhibit  a inventory into the spiritual court before such a day defendant in excuse  must not only plead that no court be hold but also that he be there ready in a  action of debt upon a bind with condition to make a inventory and exhibit the  same into the ecclesiastical court before such a day it be not enough for the  defendant to plead that there be no court hold but be must plead also that he  be there ready c for he must show he have do all that can be do on his side  towards a performance thus if the condition of a bind be to levy a fine in  octabis sanct Hillarii by which condition the plaintiff be to sue out the writ  of covenant it be not enough for the defendant to plead that no writ of  covenant be sue out but be must plead that he be there ready at the day c and  no writ of covenant be sue out and so if one be bind to pay money to I S at a  certain time and place it be not enough for the defendant to say that the  obligee come not without say that he be there ready per holt chief justice in  the resolution of the case which see at large title executor Salkeld  confession
archbishop seeker among many charitable legacy give to his trustee the  defendant and dr stinton since dead pound stock for the purpose of establish a  bishop in his majesty dominion in America and order that if any charity to  which he have give a legacy shall no long subsist such legacy shall fall into  the residue it be contend that there be no bishop in those part of America for  any likelihood that there ever will be one the legacy be void and fall into  the residue but by Lord Thurlow chancellor the money must remain in court till  it shall be see whether any such appointment shall take place attorneygeneral  v bishop of Chester equity case abridge bro Chan can archbishop seeker also  give pound to be lie out upon repair ParsonageHouses the counsel for the  bishop of Chester say that the archbishop other trustee be dead the selection  of the object belong to his client alone but by Lord chancellor it must be  refer to the master and proposal of proper object must be lie before he ibidem
Archbold against cook mich James r rot in a to think over fac loquel the case  be thus a lease for year to b but yet a continue the possession and afterward  a levy a fine with proclamation c it be say by Warberton winch and Hutton that  that be no bar to the lessee for his term but only as a grant of a reversion  by a see the record it self and the difference between that case and rep t  James c b mill against Bradley that a copyhold estate be not bar by fine and  year and that the lessee for year in going to be be not bar by such a fine but  otherwise of a lessee in possession
archer against Bennett demise of a mill with the appurtenance if a kiln use  therewith shall pass Q SC I side keb ejectment and upon not guilty a special  verdict a man seize of a close on one part whereof be a house and on another  part thereof be a kiln and also of two levinz er p mill adjoin to the close  and use and occupy they all together till when he divide they and sell the  house and a part of the close and reserve the other part and the kiln and use  they with the mill and in truth the kiln be a kiln for the dry of oat and the  mill be for the make of oatmeal but this be not find by the verdict and  afterward he sell the mill cum pertinentils to the plaintiff and whether the  kiln and the part of the close on which they stand shall pass to the plaintiff  be the question and it be hold clear by the court that they do not pass for by  the grant of a message or land cumpertinenhis any other land or thing can pass  though by the word cum terris to stretch out it will and give judgement for  the defendant but by Wyndham justice if all the matter have be find and that  the kiln be necessary for the use of the mill and without which they be not  useful the kiln bad pass as part of the mill though not as appurtenance as by  the grant of a message the conduit and waterpipe shall pass as parcel though  they be remote t which no answer be give term sanct trin year car h in banc  king
archer against HOLBIDG mich banc sup arrest of judgement in a action upon the  stat of r cap in this case the action be a action bring upon the statute of I  r cap and a verdict for the plaintiff it be former move in arrest of judgement  that the statute be misrecited whereupon it be order the parliament roll shall  be bring in court which be now do and read and upon the read it appear that it  be misrecited for the statute be for suspicion of felony and the declaration  be for felony whereupon it be hold by the court to be misrecited in matter of  substance whereupon the action be ground the court order a nil to take in hand  per billam mich banc super for restitution upon a indictment of forcible entry  restitution a indictment be find against one for a forcible entry the  defendant traverse the indictment and enter his traverse plead the plaintiff  move the court upon a suggestion that there have be diverse verdict find for  this land for the plaintiff that the plaintiff may have restitution but the  court will not grant restitution before the trial because the defendant have  traverse and plead mich banc sup to discharge issue for not repair the high  way the court be move to discharge the issue set upon the inhabitant of  Bridgwater for not repair a high way and to quash the indictment upon a  certificate that the way be repair the court answer that further process shall  be stay and the issue discharge but we can discharge the indictment if you  have no exception to take against it style report er p
archer bailiff OF lancaster GRILE against DISNY execution the court award  tipstaff against he on suggestion that execution be do on several action split  for one debt in inferior court after prohibition notwithstanding each sum be  for several parcel distinct deliver at several time on several contract create  by law but per curian have the contract be entire as to deliver several parcel  one be deliver at one another at another time also a attachment in court baron  be but as a capias in manus they may be seize into the lord protection but  must be leave with the party and can present be condemned as forfeit also  where the contract be several yet when state by account the whole debt be  entire as here the party have do also by Windham a attachment may be award the  first dash without prohibition to inferior court on affidavit of such split  where the count award the bailiff to custody till security put in to answer  interrogatory
archer v er ellard a affidavit that money be due upon the penalty of a bind be  not sufficient for hold to special bail upon a rule to show cause why the  defendant shall not be discharge on fill common bail it appear that the  affidavit for hold to special bail be that the defendant be indebt to the  plaintiff upon a bind in the penalty of one hundred pound and that the bind be  a bind for performance of covenant the rule be make absolute and by the  CourtThis affidavit be insufficient for want of show some particular breach or  breach of covenant on account of which the sum of ten pound be due to the  plaintiff in the case of Booker v friend Trin pound g in this court a  affidavit that the defendant be indebt to the plaintiff in the sum of twenty  pound upon breach of article be hold to be insufficient for hold to special  bail because no particular breach of the article be show if a action be bring  upon a bind for the payment of money it be not enough that the affidavit for  hold to special bail show penalty of the bind but it must likewise sayer show  that the sum of ten pound be due upon the bind for principal and interest
archer v snatt equity case abridge er a mortgagee in fee lend money to the  mortgagor upon bind and the mortgagor die and his heir sell the equity of  redemption and per Lord chancellor the vendee of the heir of the mortgagor  shall redeem the land without pay the money lend on the bind hill baily and  Robson Prec in Chan defendant purchase the equity of redemption and have  possession of the estate plaintiff lessor be a mortgagee and have also lend  money on a bind the court be move to stay proceed on payment of the mortgage  money with interest and cost it be refer to the master and the lessor insist  to be pay the bind before he will reconvey the matter be special report and  the court be of opinion that this not be a application by a heir but the  mortgagor or his assignee of the equity of redemption they can not allow the  bind debt to be bring in but be to act in this case accord to the rule of a  court of equity where a redemption be constant decree upon payment of the  mortgage money only hill Geo archer and snatt in b r Str note it be say to  have be so hold hill Geo in b r wood on the demise of Cowhurst v Mortimer et  all vide Vol Eq can Abr ibidem
archer versus SWEETNAM hill geo I prescription for seat in church though seat  be pull down in a church yet a prescription to have a seat remain to every one  so that if seat be build up by the ordinary where another have a ancient one  or build on part of it it be illegal and if the spiritual court interpose a  prohibition lie the defendant have as much seat as she have before but not in  the same place and all pull down without her consent
archim vers snatt proceed on a mortgage may be stay by the purchaser of the  equity of redemption without payment of a bind andr SC more full the defendant  purchase the equity of redemption and have possession of the estate the lessor  of the plaintiff be a mortgagee and have also lend money on a bind and the  court be move to stay proceed on payment of the mortgage money with interest  and cost it be refer to the master and the lessor insist to be pay the bind  before he will reconvey the matter be special report and the court be of  opinion that this not be a application by a heir that the heir must have pay  the debt due by bind as well as that by mortgage vide Shuttleworth v Laywick  vern Coleman v winch p wms powis v Corbet atk Troughton v Troughton ves but  the mortgagor or his assignee of the equity of redemption they can not allow  the bind debt to be bring in but be to act in this case accord to the rule of  a court of equity where a redemption be constant decree upon payment of the  mortgage money only challis v Casborn Prec in Chanc Coleman v winch p wms  Morret v pask atk anon ves Bingham v Gregg barn send for banter v man vern to  see contra and see also upon this subject anon vern Demainbray v Metcalf Prec  Chanc Vanderzee v Willis Bro Chan can and it be say to have be so hold hill  Geo in b r wood ex dismiss Cowhurst v Mortimer et all and Eq case strange  report er p
Arden against LAMLEY plaintiff attorney after writ of error bring artful delay  sign his final judgement till the writ of error be spend and then bring a  action of debt upon the judgement the court order proceed in the action upon  the judgement to be stay and a new writ of error to be bring at plaintiff  attorney expense
Arden case by Beomond that rien rule en Le be a good plea in waste walmsly you  may see the difference when the waste be bring by the first lessor himself and  when it be bring by the grantor of a reversion in the one case it be good in  the other n note also these book vouch h Br waist e Br waist h and note if  they warrant that difference the reason be because of the contract and privity  between the party at the make of the lease
Arden case in cur ward where the remainder man in fee of land in capite  release the estate to his son who have a entail in the land on his death the  son of full age must sue out livery grandfather father and son land hold in  capite be convey to the grandfather for life remainder to the father in tail  remainder to the right heir of the grandfather and afterward the father die so  that the remainder in tail descend to the son and afterward the grandfather  and the son levy a fine with proclamation stir cognizance de law come Ceo c by  which fine the conusee grant and render the land back to the grandfather for  life remainder to the son and m his wife in tail remainder to the right heir  of the grandfather and afterward the grandfather surrender and release all his  estate right and interest in the land to the son and m his wife and to the  heir of the son and then die the son of the age of thirty year whether he  shall be compel to sue livery quaere but at length near belief Curi he sue  livery
Arden v veil jurisdiction of Wales allow the defendant make oath that all the  party be inhabit and dwell within the jurisdiction of the march of Wales and  for that it appear by the plaintiffs bill that the matter therein contain be  for a suppose lease and for no title of land therefore the cause be dismiss  and the plaintiff refer to take his remedy before the commissioner of the  march of Wales Arden plaintiff veil and veil defendant year Elizabeth
Arden versus mich Jacob the plaintiff declare that whereas such a day and year  at Curdworth in the say county do demise to the plaintiff two acre of land  with the appurtenance in the parish of c and the venire facias be of the  parish of c and after verdict exception be take because it be not of Curdworth  but it be adjudge good by the court and to prove the lease make Lanheston a  attorney swear that the lessor seal the lease and subscribe it but do not  deliver it and by word give authority to one W to enter into the land and to  deliver the lease upon the land to the plaintiff as his deed and by that  authority he enter and deliver the lease as his deed to the plaintiff and it  be adjudge good a mistake of the curtisitor on the original amend after trial
argent vers sir Marmaduke Darrell a new trial can be grant after a trial at  bar though the verdict be against evidence S C salk Carth holt r send for side  t Jon Mod vide p wms Mod the plaintiff obtain a verdict in ejectment upon a  long trial at bar and now a motion be make on behalf of the defendant to have  a new trial grant because the verdict be express against evidence and of that  opinion be the whole court but nevertheless after long debate the court deny  to grant a new trial because the verdict be give upon a trial at bar which be  look upon as very solemn then Mr Northey move that the entry of the judgement  shall be stay until the defendant may bring a new ejectment by reason of the  stock which S upon and in the land but that be deny also Lord Raymond er p
argent versus sir Marmaduke DARREL salk new trial not to be grant after a  trial at bar salk comb Mod Mod on a trial at bar in ejectment the plaintiff  have a verdict contrary to the opinion of the whole court and therefore the  defendant move for a new trial but per curian a new trial be deny and it be  lie down for a rule that of to a trial at bar no due trial shall be grant in  any case unless it appear that there have be some corruption or misdemeanour  in the jury Mod Carthew er p Carthew de term sanct hill year I William b r
argent versus sir Marmaduke Darrell hill W salk in ejectment after a trial at  bar motion for a new trial because the verdict be contrary to evidence the  court think so too Rokeby be for it on the case in style the rest contra holt  c j the reason of grant new trial upon verdict against evidence at the assize  be because they be subordinate trial appoint by west cap there have be new  trial ancient as appear from this that it be a good challenge to the juror  that he have be juror before in the same cause but we must not make our self  absolute judge of law and fact too and there never be a new trial after a  trial at bar in ejectment but in holt KB case of ill practice for the  plaintiff may bring a new ejectment
argent versus sir Marmaduke Darrell hill will B R ld raym S c new trial after  trial at bar refuse in ejectment because not conclusive vide post pl ante pl n  b Faresl comb S C Carth holt Andrews vide note to pl infra in ejectment after  a trial at bar sergeant wright move for a new trial because the verdict be  contrary to evidence the court think so too Rokeby be for it on the case in  style cceteri contra for per holt c j the reason of grant new trial upon  verdict against evidence at the assize be because they be subordinate trial  appoint by west c where de few point of time easy to do be examinatio and  there have be new trial ancient as appear from this that it be a good  challenge to the juror that he have be a juror before in the same cause but we  must not make ourselves absolute judge of law and fact too and there never be  a new trial after a trial at bar in ejectment but in case of ill practice for  the plaintiff may bring a new ejectment upon this a new trial at bar be deny  in sir Richard temple case where the jury find a point of law on the statute  of bankrupt against the opinion of the court a or a trick a new trial in  ejectment be not usual grant where there be a verdict for the defendant  otherwise if there be a verdict for the plaintiff for in that case the  defendant must part with the possession before a new ejectment can be bring  vide Bl Rep burr Salkeld anonymous hill will b r vern trial per pais in  assumpsit for money win at play the trial shall not be stay till a indictment  pen for the cheat be try anonymous trial not put off for suit pen in the  ecclesiastical court on the same matter r ac ante pl Mod in assumpsit the  issue be marry or not marry and the same point be pen and ready to be  determine in the spiritual court and it be hold no cause to put off the trial  for the court can take notice of that
ARMIDEL executor OF against TREVILL ante replevin Allen for the plaintiff that  not guilty of the take be no proper plea in replevin the caption and deteyner  be several and the one may be lawful the other not therefore to say not guilty  de caption within six year be most improper but by Baldwin this be only  informal but do amount no non to take in hand which be the proper plea in  replevin non culp in debt on Edward may be nought on demurrer which the court  agree but be good after verdict Windham agree the plea good and amount to non  to take in hand so foster and Twisden but by bear for the plaintiff Edward  replevin f the deteiner as well as that caption be to be answer and in  reception the injust be apply to the to hold off therefore it must be answer  and though non to take in hand general be a good plea yet this special non to  take in hand within six year be ill and negative pregnant which the court  agree on demurrer Baldwin for the defendant replevin lie not by executor of a  caption in the life of the testator h but they ought to have have trespass on  detinue especial the property be allege in the testator king Allen for the  plaintiff that at common Keble er p law this Keble replevin lie the property  continue to the executor though they may have have detinue but this action as  trover or quare hinder or ravishment of ware be undoubted within the equity of  the statute which the court agree in omnibus replevin be find on the present  property not on that at the time of the caption judgement for the plaintiff
armiger v clarke may bill for a specific performance of article for the  purchase of land dismiss because the lie or remedy be not mutual or reciprocal  bill for the specific performance of article for the purchase of land at  thirty year value whereupon five hundred pound have be pay by the defendant in  part there be a memorandum endorse on the article that the five hundred pound  shall be repay in case the plaintiff do not make out a good title by the time  agree upon and fix for that purpose it appear in the proof that the plaintiff  father who be the person contract for the sale of the land have write the  defendant a letter intimate that be can not make out any title the same be in  settlement uponhis wife c and so it appear in the proof that the plaintiff  father be only tenant for life and consequent the son who be now plaintiff  will not be conclude b his father covenant and since the lie be not reciprocal  it ought not to conclude in a court of equity where Bunbury also a write under  hand have the same consideration as a write under band and seal and therefore  the letter shall be take to be a waiver of the article it be also insist upon  for the defendant that this be a bare bargain and a court of equity will  relieve not only against fraud and circumvention in a agreement but also  against a hardship in the first case they will set the agreement aside in the  second they will only not carry it into execution the bill be dismiss per  totan curian chief upon this principle that the remedy be not mutual the Lord  chief baron take this difference if a man come for a specific performance as  to the land itself a court of equity ought to carry it into execution because  there be no remedy at law but if it be to have a performance in payment of the  money they may have remedy for that at law sir Constantine Phipps for the  plaintiff sergeant Chesshyre and Mr ware for the defendant
armit versus bream mich Ann B R S C Mod holt salk ante where h be bind to make  a deed he must set it forth otherwise where to show deliver and produce it  only vide Yelv where a man have oblige himself to make a deed and be sue for  not do it it be not enough to say that he make the deed videlicet lease bind c  but he must set it forth that the court may judge of its sufficiency for it  ought to be a good deed but if it be to deliver or show or produce a deed that  be a deed already make there it be enough to say that he deliver or show or  produce it per holt c j
Armitage against Metcalf may where the heir be force to pay the debt of his  ancestor shall recover against the executor the Cause be hear about and one  point be that the obligor have pay a debt of his ancestor upon bind may be  reimburse his money by the executor case in chancery er p of the obligor who  have personal asset the heir be force to pay the debt by a suit it be decree  the executor shall reimburse the heir as far as there be personal asset come  to the executor hand and upon exception take to a report in this Cause which  come to be hear before Mr baron Atkins June there be this point whereas a  alone be bind to the testator the executor deliver up the bind and take  another to himself for the same debt whereby as be allege b the counsel of the  executor the security be better and whether this in equity shall be charge as  asset in the executor hand he have deliver up the old bind be the question  against the executor it be insist that the take the new bind have alter the  property of the debt so that if the executor die intestate his administrator  will have the debt whereas if it have rest on the old bind the administrator  de good non of the first testator shall have it subject to the first testator  debt it be admit that at law this do charge the executor as a conversion and  receipt of so much of the estate but it be insist that in equity he have take  the same person and another bind and offer to assign the bind to the heir it  ought not to charge he especial when the heir it plaintiff in equity as here  and it be rule that the executor shall not be charge with the money by alter  the security but that he shall assign the security to the heir for it be not  equity that the executor shall suffer for his care in take a new bind with  further security and the debt be lose not by his default but through accident  only against which equity relieve vide Max Eq ant post case in chancery the  Lord chancellor the master of the roll
Armitage plaintiff against dison defendant a action upon the case for a  promise c Bulstrode er p ing up be to be amend accord to the true cast up and  so by the rule of the court the sum be amend
ARMITT versus bream mich Ann Intr B R hill Ann ld raym S c a award which  direct the performance of a act within a limit time a datum arbitril be good  though it be not date S C arnot versus brown Lutw Mod S C call Arnote for  bream salk far S C post holt debt upon a bind with condition to perform the  award of I c of all difference between the plaintiff and defendant concern a  piece of ground use as a wharf and several erection thereupon which be  nuisance to the plaintiff house the defendant plead that the arbitrator make  no award the plaintiff reply and set forth a award whereby it be award that  the defendant shall enjoy the wharf and the erection shall be pull down within  the space of fiftyeight day from the date of the award the defendant demurrer  and it be object that the award be plead without any date and that it do not  appoint who shall take down the erection and therefore it be uncertain et per  cur the day of the delivery of a deed be the day of the date though there be  no date set forth if a deed bear date one day and be deliver at another it be  real date when deliver though the clause of geren that be otherwise so it be  in the case for this award the make be the date and in this case Powell powys  and gold hold that though it be not say who shall remove the erection yet that  be supply by the law they shall be remove by he on who ground they stand which  in this case appear to be the defendant vide style roll   cro et more holt c j  semble contra as to this point and judgement be give for the plaintiff by  three judge against holt c j
armote versus bream mich Ann Mod Cas salk salk in debt upon bind for  performance of a award no award be plead and a deed of award set forth but it  do not appear what the date of it be on which there be a demurrer and  exception be take to it holt CJ where a man have oblige himself to make a deed  and be sue for not do it it be not enough to say that be make the deed bind c  but be must set it forth that the court may judge of its sufficiency for it  ought to be a good deed but if it be to deliver or show or produce a deed that  be already make there it be sufficient to say that he deliver or show or  produce the deed and in this case it be allege to have be make on such a day  which appear to be within the time for do it and if no date be show it shall  be intend it have none and then it be good from the delivery every write or  deed have a date in law videlicet the time of delivery thereof and a deed may  bear date one day and be deliver on another so that here the day of delivery  be the date and the other the bear date and in the make a deed or write that  which give it essence and be be the date of it per holt c j a date of a deed  be either express or imply the express date be the very day and year in which  the deed be make and this be always intend when in plead it be say bear date  the other which be the imply date be the delivery
armourer against Willis ante heir   in debt against a heir on riens per  descent plead the jury find special verdict that the father of the defendant  be seize and infeofft I S of the land in d except black acre the place in  question for the life of the feoff and after limit the use of all to the feoff  and his heir c if this exception be total as to charge the heir with asset be  the doubt and per curian it be post pl
armourer and barn dower levins except on Cr I roll pl that dower by plaint in  lyn secundum consue be hold ill the house whereof dower be demand be not say  infra jurisdiction per curian both be fatal error and there shall be a special  custom allege and London and Oxford who have the same custom be confirm by Act  of parliament and judgement reverse nisi
armoury vers DELAMIRIE in Middlesex in person Pratt CJ SC Sm l c ed observe  upon while v Mullett ex bridge v hawkesworth l I Q b inapplicable Wentworth v  Lloyd h l c see Hammersmith railway company v brand lr h l Taunton election  petition lt Massammat Sundar v Mussammat parbati lr ind App Keighley Maxsted  company v durant ac the Winkfield p finder of a jewel may maintain trover the  plaintiff be a chimney sweeper toy find a jewel and carry it to the defendant  shop who be a goldsmith to know what it be and deliver it into the hand of the  apprentice who under pretence of weigh it take out the stone and call to the  master to let he know it come to three halfpenny the master offer the boy the  money who refuse to take it and insist to have the thing again whereupon the  apprentice deliver he back the socket without the stone and now in trover  against the master these point be rule that the finder of a jewel though he do  not by such find acquire a absolute property or ownership yet he have such a  property as will enable he to keep it against all but the rightful owner and  consequent may maintain trover that the action well lie against the master who  give a credit to his apprentice and be answerable for his neglect Jones v  heart salk cor holt c I mead v Hamond above grammar v Nixon post as to the  value of the jewel several of the trade be examine to prove what a jewel of  the fine water that will fit the socket will be worth and the chief justice  direct the jury that unless the defendant do produce the jewel and show it not  to be of the fine water they shall presume the strong against he and make the  value of the best jewel the measure of their damage which they accord do
Armstrong and lisle Lisle be indict of murder be convict of manslaughter and  pray his clergy by a friend not be in court himself and after at the same  assize a appeal be lodge by the brother and heir of the party slay and the  conviction and appeal be remove by certiorari and the party by habeas corpus  and at the return of the certiorari it be move by the appellant that he may  file a letter of attorney in which case the court will not make any rule but  say that they may file it at their peril yet insinuate that they can not file  a letter of attorney by the stat of Henry till after appearance and they admit  clear that in mayhem they can not make a attorney and the court say that if he  file a letter of attorney and the law require a appearance in person the  appeal will be discontinue and holt chief justice say the appellee ought after  the appeal return upon the certiorari to sue a to know facias against the  appellant ad to follow for the appellant have not a day in court and the chief  justice incline strongly that the court ought not to refuse to allow clergy to  one convict of manslaughter but in regard of some resolution the it be fit to  be argue and he say that he have argue it both way but he never Skinner be  satisfy in his judgement with the resolution which have be give that they may  respite clergy for by this mean they put it in the power of judge to hang a  man and at the return of the conviction the counsel of the appellant take  exception to the conviction the which holt chief justice will not allow and  say that they be stranger to this record and they have not any privity or  authority to take exception
Armstrong case Michaelmas term year George Armstrong be possess of a  ChattelLease die intestate leave a widow and one child the widow take out  Administration in the bishop court at Exeter which she ought not to have do  because the intestate have good notabilia and for that reason she shall have  administer in the prerogative court but by virtue of this Administration she  enter upon the land so lease to the intestate and pay some of his debt by the  perception of the profit and afterward Nelson er p she mortgage the say term  to raise money to pay one of his BondCreditors and then she die intestate  Nelson the question be who shall redeem either the administrator of the wife  or the administrator de good non c of her husband the first intestate for such  a Administration be grant because though the wife have a right to administer  yet she take out a wrongful Administration and the court decree that the  administrator de good non shall redeem but that he shall allow what the  wrongful administratrix have pay in discharge of the just debt of her husband  the intestate
Armstrong OF the devise OF neve versus Wolsey c b a fine levy without any  consideration or use declare shall enure to the old use in whosoever it be  ejectment try at Norwich before Parker Ch baron who reserve this short case  for the opinion of the court a b be in possession of the land in question levy  a fine sur conusans de law come Ceo c with proclamation to the conusee and his  heir in the that year of the present king without any consideration express  and without declare any use thereof nor be it prove that the conusee be ever  in possession so that the single question be whether the fine shall enure to  the use of the Wilson king bench er p conusor or the conusee and after two  argument the court be unanimous and give judgement for the plaintiff who claim  as heir of the conusor curian in the case of a fine come Ceo c where no use be  declare whether the conusor be in possession or the fine be of a reversion it  shall enure to the old use and the conusor shall be in of the old use and  although it passes nothing yet after five year and nonclaim it will operate as  a bar and in the case of a recovery suffer the same shall enure to the use of  he who suffer it who be common the vouchee if no use be declare but he gain a  new estate to he and his heir general and although before the recovery he be  seize ex part of a mother yet afterward the estate will descend to his heir ex  part of a father as be determine in Martin v Strachan ante say vide that case  stram in the case at bar the ancient use be in the conusor at the time of levy  the fine and it seem to have be long settle before this case that a fine  without any consideration or use thereof declare shall enure to the ancient  use in whosoever it be at the time of levy the fine and as it be here in the  conusor at that time the judgement must be for the plaintiff
Armstrong on the demise OF WARNHOUSE v er DiRuSTOUT the notice to appear to a  action of ejectment must be to appear in the next term to that of which the  declaration be upon a rule to show cause why judgement shall not be enter  against the casual ejector it appear that the declaration be of last Hilary  term and that the notice to appear be to appear in the present term the rule  be discharge and by lee ch j it have be say that such a notice to appear as  have be give in the present case will be good in the court of common plea but  however that may be it be the settle practice of this court sayer that the  notice to appear to a declaration in a action of ejectment must be to appear  in the term next to that of which the declaration be
army versus stevens ibidem eoden die see blower v great western railway  company lr c p carrier not answerable for good lose by tempest bull l n p ld  raym that edition and case cite in the margin the plaintiff put good on board  the defendant boy who be a common carrier come through bridge by a sudden gust  of wind the boy sink and the good be spoil the plaintiff insist that the  defendant shall be liable it be his carelessness in go through at such a time  and offer some evidence that if the boy have be in good order it will not have  sink with the stroke it receive and from thence infer the defendant answerable  for all accident which will strange not have happen to the good in case they  have be put into a better boy but the c I hold the defendant not answerable  the damage be occasion by the act of God for though the defendant ought not to  have venture to shoot the bridge if the general bend of the weather have be  tempestuous yet this be only a sudden gust of wind have entire differ the case  and no carrier be oblige to have a new carriage for every journey it be  sufficient if he provide one which without any extraordinary accident such as  this be will probable perform the journey vide forward v Pittard term Rep
arnold against SKEALE baron and feme joyntenants for life the husband he sow  the land and die the wife take the corn and the executor of the husband bring  trespass quare enclosed space to break in pieces and two justice be against  two if the wife or the executor shall have they we die a but all agree that if  they belong to the executor that he may well have that action quare enclosed  space to break in pieces for as to that intent for the corn the close be his h  a
arnold against thomson east geo two barn S c full cost in trespass for chase  plaintiff sheep Vid beck v Nicholls ante p and case there cite Laver v Hobbs  Carthew p BORRET in trespass for chase the plaintiff sheep whereby ten ewe and  ten lamb be great damage a verdict be find for the plaintiff but damage under  cook c p er p S and no certificate the question be whether the plaintiff shall  have full cost per cur this be a damage do to a personal chattel therefore the  plaintiff be entitle to his full cost
arnold against Tompson east geo this be a action of trespass for enter  plaintiff close and drive and chase his sheep the question be barn whether  after judgement the damage be under S the plaintiff shall have full cost per  cur in case of a to carry away or if any injury be do to a personal chattel  the plaintiff must have full cost win for plaintiff chapel for defendant
arnold and Floyd mich banc sup arrest of judgement in debt upon a obligation  to perform article Arnold a bruer bring a action of debt upon a bind to  perform article against Floyd his clark the effect of one of the article be  that the defendant shall deliver weekly such ale and beer as shall be deliver  unto he to such customer as he have in his charge to receive the money of such  customer as be due for the same and the excise and shall account every  Saturday weekly unto the plaintiff for such money as he shall receive for the  same for breach of covenant the plaintiff style report assign that the  defendant do not account with he for such money as he have receive upon  Saturday the that of July and for this he bring his action upon issue join and  a verdict find for the plaintiff it be move in arrest of judgement that the  breach be uncertain allege because the plaintiff do not show that the  defendant have any customer in his charge or who they be or that he have  deliver ale or beer to they or receive any money of they Glyn chief justice  the charge be too general set forth for you ought to have show what money he  have receive and that it be of those customer in his charge for the plaintiff  may have several clarks and some customer may be in the charge of one clark  and some in the charge of a other so that the charge be not certain therefore  let nil to take in hand per billam be enter for the defendant
arnold and foot rend in debt upon obligation and agreement to pay S a year so  long as enjoy the defendant plead entry by the plaintiff ante June car and  before any rend Keble er p due and that a ejectment be bring and judgement  have in mich term after to which the plaintiff demurrer because its not say to  drive out or anovit nor that the plaintiff continue in possession as it ought  to be be plead by way of suspension but by way of eviction it be well enough  which the court agree in case it be Payable as a rend but judgement for the  plaintiff nothing be answer to arrear mean between June and mich term
arnold and fort ante condition condition to pay to two man one whereof be the  defendant S a year so long as the defendant occupy the land neither say for  nor out of those land the defendant plead that the plaintiff after two rend  day encurred and before the three have make entry into the four part of the  land to which the plaintiff demurrer because this be no rend and there be no  answer give to the other three part but per curian be it a rend this entry  will be a suspension and the entry be on the lessee need not be say to have  law but judgement for the plaintiff nisi
arnold and sibly executor in debt as executor the defendant after imparlance  plead that action non because he be administrator without hoc that he be  executor to which the plaintiff demurrer Keble er p be no plea in bar but only  in abatement on lane and Brotherton which the court agree and notwithstanding  h   Robinsons case judgement for the plaintiff
arnold v roberts the sheriff amerce for make a false return the sheriff upon a  attachment return to take in hand copus faint in prison whereupon a to lead  tecum be award and thereupon the sheriff return thus far faint forasmuch as  Walter William make a oath that the choice case in chancery defendant neither  at the time of the return nor now be so sick but that he go abroad therefore  the sheriff be amerce five pound for his false return Arnold plaintiff Robert  defendant year Elizabeth Cf straddle v Pembroke caryi
arnold vers johnson at nisi prius in Middlesex in person Pratt post enclosed  space termini nun but the defendant can demand the plaintiff the cause be call  and the jury swear but no counsel atorneys party or witness of either side  appear sergeant Whitaker be ask his opinion say the plaintiff ought to be call  for the jury be charge the cause must be carry on to some determination but  the chief justice say that no body have a right to demand the plaintiff but  the defendant and therefore the defendant not demand he he can not order he to  be call but the only way be to discharge the jury and Mr Ketelby remember a  case where my Lord Parker do so upon the like accident smith v whistler Cas  tempt hard S p
arnold versus jefferson mich W salk it be hold by holt CJ in this case that a  assize of nuisance or quod to let pass c quare to raise up quaedam builder be  good for there may be a building without a proper name one who have a house  and light time out of mind the neighbour and owner of the next field build a  shed which stop the light and then he make a lease thereof to another against  who the plaintiff bring a action for this nuisance and adjudge d that although  he may have assize against the builder yet he can have a action against his  lessee because it will be holt KB waste in he to pull down the shed but the  plaintiff may stand on his own ground and abate the nuisance and if a man have  a way over the land of another person and he stop that way and then demise the  ground action lie against the lessee for continue this nuisance though stop of  light be a nuisance the stop a prospect be not
arnold versus JEFFREYSON mich will c b ld raym S c trover de scribe his  obligatorio good S C salk holt trover de scribe his obligatorio per quod tent  obligate to be cuidan I S in arrest of judgement after verdict for the  plaintiff it be hold good for it may be give to the plaintiff and so shall be  intend and then it be scribe suum and it be no absurdity though it be make by  he to another for it be only a description of the deed
arnot versus brown mich W B R see lev roll r more Mod Mod hard cart c S c salk  vide post court of aldermens power concern new light by car c be only during  the rebuilding of the city stop light see side Poph c hob hut lev raym Mod lev  vent Mod Lutw arnot and brown be owner of two contiguous house brown have  light in his house towards armots yard and arnot make up blind the court of  alderman upon car c order they shall be abate but a prohibition be grant in b  r for whatever they may do in their inner court by quod to let pass where they  have power to determine real action it be plain that the court of alderman  have no power in this summary way unless by car c and that give they only a  temporary power during the rebuilding of the city while the city be rebuilding  they have power to assign light but by be once assign the party gain a legal  title to they and may maintain a action at commonlaw for the obstruction and  the court of alderman have no far power vide residuum Mod
arris against bradshaw trade in trespass for break his house and take good the  defendant plead that ChippingWickham be a ancient corporation town and by  patent of king James have power to make bylaws grant to the mayor alderman and  common council for regulation of the town and they order that the plaintiff  presume to set up a shop without their licence shall pay S per month and in  default thereof distress which by Jones be ill there be no bylaw that no trade  shall be use without their licence in general no bylaw that restrain trade be  good without special custom for by commonlaw every man may exercise any trade  which be restrain by Elizabeth cap to such as serve seven year only so be    wagoner case so   it do appear the plaintiff be not free of the town but it do  not appear but he may serve seven year there so like Hub the weaver of Newbury  also by Twisden the bylaw be only to distrain and by virtue of that there be a  warrant make by the mayor to the other defendant to sell the distress this  have be doubt but hold in a Act of parliament for sewer that levy by distress  imply sale but never in a bylaw or letter patent which the court praeter  Windham agree and by Keeling Keble this bylaw be ill but for the inconvenience  the rest wave any opinion as to that but for the last insufficiency judgement  for the plaintiff nisi
arrison versus cage ux mich W see SC Carth e r with note Mod Carthew action on  the case wherein the plaintiff declare that in consideration be the plaintiff  will marry the defendant the defendant promise to marry he and that he have  offer himself to her but she refuse he and have marry the other defendant it  be here insist that this action do not lie though it may be otherwise in the  case of a woman for marriage be a advancement to a woman holt CJ the  consideration of a man S promise be the woman S then certain his promise shall  be a good consideration for her promise for there be the same parity of reason  in the one case as in the other in the ecclesiastical court the plaintiff may  have compel a performance of this promise but here indeed she have disable her  self for she have marry another though you may give in evidence any lawful  impediment as that the party be within the levitical degree c for that make  the promise void but this not so of a precontract the man be bind in respect  of her promise if she make none he be not oblige by his promise and then this  but naked bargain so that her promise must be good to make his signify any  thing to her and then if her promise be good why shall not a good action lie  upon it the action be ground on the mutual promise therefore this be  actionable on both side or on neither side judgement for the plaintiff
arrowsmith case the imparlance roll Trin James rot debt for three hundred  pound against Arrowsmith for part sur to buy and the other part sur accuse  computasset and in the imparlance roll both parcel do not amount to three  hundred pound but want six pound thereof and after error bring it be amend  pasch James rot
arthur against VANDERPLANK acceptance of rend from the assignee of a term by  lessor be not a good plea in bar upon covenant though otherwise in debt barn  Kely S c covenant for rend the defendant plead a acceptance of rend from the  assignee of the term by the lessor the plaintiff to this there be a demurrer  and the court clear of opinion such acceptance of rend be no bar to a recovery  in covenant though otherwise in debt judgement for defendant vide cro car c  leech edit and the authority there cite
arthur and haulin tenant OF lord Salisbury measure ex motion Montague for new  trial on misconstruction of ancient patent h de rhodas terrae in longitude by  the plaintiff counsel be say to be rood by the defendant to be rod by hale  chief justice the proper word be so many perticatas videlicet three foot and a  half but rhodas in length be rod which be the same but rhoda general be a word  of quantity for the four part of a acre and the acre which be perch length and  four breadth and if less in length more in breadth and the evidence hereof be  the usage but by Twisden all may have be aid by a England but this not be the  weight and chief of the evidence new trial be deny in trespass Keble er p
Arthur case hill W salk this man be outlaw for felony on several indictment  afterward he come in and be bring to the bar be ask what he have to say why  judgement shall not be give against he holt c j if the party have no land the  attorneygeneral may confess error and then he shall plead present and be try  upon the indictment but if he have land there must be a to know facias against  the lord mediate and immediate to show cause why he shall not have restitution  though it may be suggest on the roll that he have no land and if the  attorneygeneral confess it there needs no such writ see to lift up facias oyer
Arthur case hill will B R error to reverse outlawry for felony if there be  land there must go a to know facias against all the tertenants and lord  mediate and immediate hawk c sect but if attorneygeneral confess on record  that there be none no to know facias be necessary S C holt way and Arthur be  outlaw for felony upon five indictment and afterward come in and be bring to  the bar and ask what he have to say why judgement shall not be give he produce  five writ of error et per holt c j if there be no land the attorneygeneral may  confess error and then he shall plead present and be try upon the indictment  if there be land there must be a to know facias against the lord mediate and  immediate to show cause why he shall not have restitution but if it be suggest  on the roll that he have no land and the attorneygeneral confess it there  needs no to know facias a to know facias must be into all county where the  criminal have land keb but not in outlawry for treason hawk c sect
arthur Johnson case Arthur Johnson be possess of a term for year and so  possess assign this over to Robert waterhouse and John waterhouse be brother  to the wife of the say Johnson to the use of the say wife the say Johnson die  and make his wife his executrix after which the say wife take Robert Witham to  husband who take the profit of the land during the life of his say wife the  wife die intestate Popham er p her say brother be next of kin to the say wife  take administration as well of the good of the say wife as of her first  husband and whether the say Waterhouses or the say Witham shall have this  lease or the use thereof be the question in the chancery and thereupon put to  the two chief justice upon which they and the chief baron and all the other  justice of sergeant inn in fleet street and Beaumont also be clear in opinion  that the say administrator have now as well the interest as the use also of  the say term as well in conscience as in law and that they have the use as  administrator to the say wife and that the say Witham shall not have it  because it be as a thing in action which the administrator of the wife always  shall have and not the husband as if a obligation have be make to the use of  the wife and this opinion be certify accord to the Lord keeper of the great  seal of England and it be so decree
arthur versus VANDERPLANK hill Geo two b r covenant for rend against the  executor of a lessee where the lessee in his lifetime have assign his term and  the lessor have accept the assignee for his tenant action of covenant for rend  against the defendant executor of I S lessee for year the defendant plead that  the lessee in his lifetime make a assignment of his term and that the  plaintiff the lessor have receive rend and accept the assignee for his tenant  and to this the plaintiff demurrer W Kelynge b sergeant argue against the plea  that it be bad it be true in a action of debt for rend this be a good plea Rep  b Walker s case but in action of covenant it be otherwise cro car Jones style  Mr p of counsel with the defendant give up the point without argument and so  judgement be give for the plaintiff note covenant lie not against executor by  reason of the general covenant in law by virtue of the word demise and grant  but it be otherwise upon a express covenant dyer Brownl covenant lie against  the lessee after assignment although the lessor have notice and accept rend of  the assignee lev Edward versus Morgan but not debt
arundel content Trevillian car foe bind to procure a marriage decree to be  cancel that the plaintiff do enter into a bind or bill of pound to the  defendant former promise by the plaintiff to the defendant for effect a  marriage between the plaintiff and Elizabeth his now wife which be effect  accord but this court utter dislike the consideration whereupon the bill be  give the same be of dangerous consequence in precedent upon read precedent  wherein this court have give relief in the like case against bind of that  nature and take notice of other precedent of the like nature think it not fit  to give any countenance unto specialty enter into upon such contract and  decree the say bill to be cancel
arundel executor OF against TREVIN Siderf pl Tr car rot issue non to take in  hand be good plea h b pl by Littleton h by Laken h b pl brief h can and that  the avowant have not gage deliverance or be thus far seize because no damage  be recoverable for the not delivery where the take be not tortuous Edward pl  gage deal Br in replevin the defendant plead not guilty of take within the six  year which by Allen be ill and shall have be not to take in hand or not guilty  general because as sir George Stroud against Bacon the defendant have detain  the cattle during that time and the damage be as well for detain as the take  though the one be not a continuance of the other but by Windham if he that  take keep the beast in his possession every day be a new take as trespass  continuando in which case the count be as well on the continuance as on the  trespass but by Allen the deteiner as well as the take must be justify be  distinct point and this action do suppose the property to remain   f n b but  trespass alter it also if the beast return to I and after estray into the land  of I S who take they before yet I S be Chargeable with the deteyner and this  declaration be distinct be of a take in the life of the testator and detain in  the time of the executor Twisden a replevin can never be bar by the statute of  limitation if this plea be not good Windham non to take in hand be the proper  plea in replevin yet Allen conceive this ill because if the take be before and  detain within six year if non to take in hand be plead I can reply that he do  take c but by Windham every day be a several take and though the first be  pardon yet the other may remain and be make as the first take and so after  amends tender on involuntary trespass if the cattle be detain replevin lie and  shall complain of a unjust take Keble though that take be good but per curian  this be a strange plea non be worthy of blame of the take c Adjornatur Keble  er p
as a bar to the entail by Lord Hardwicke chancellor more v more Ambl vide Ves  S c tenant by Copy shall not pay any uncertain fine by change of their lord by  alienation but by death which be the Act of God for otherwise the Lord may  oppress the tenant by frequent alienation caryi fine be due by change of the  Lord or the tenant by death only and accord to custom for if it be by change  of the Lord upon alienation the copyholder may be oppress by a multitude of  fine by the lord own Act Inst if the Lord insist upon a extravagant fine for a  renewal he shall be re strain to what be reasonable although the fine be  arbitrary and uncertain but have demand ten or twelve year value of the land  the court decree he only two Morgan v Scudamour Chan Rep meadow v Patherick  Rep tempt finch a arbitrary fine moderate in equity if the fine demand be  unreasonable the copyholder be not oblige to pay it and though he himself only  think it unreasonable and afterward it be adjudge reasonable yet it be no  forfeiture because it be a matter of controversy roll Abr Rep it be say by  Lord Hardwicke easter Geo in the case of Lord Abergavenny and Thomas that the  law have fix what shall be a reasonable fine for a copyholder in fee to pay  but it have no where fix what shall be a reasonable fine for a copyholder for  life to pay therefore if a copyholder for life will set up a tenantright of  renewal he must set forth the fine in certain see full report Anstr n the duke  of grafton case before the lord be cite as so adjudge bro p g
as for and concern my estate with which God have bless I I give as follow  imprimis I will that all my debt and funeral charge be pay and satisfy and  then make a particular disposition of the estate this be decree no charge as  it will be when testator say I will my debt be pay in the first place or where  he give away the estate after payment of debt and legacy for here be a clause  in the will that after payment of legacy and funeral charge the overplus be to  go to such and such use which declare the intention to be that the same be to  answer only legacy and funeral charge and not debt per the master of the roll  Trin Geo Parker and Wilcox vin Abr pl
as he can because there be a contest about the will or right of Administration  for the statute be make for the benefit of defendant to free they from action  when their witness be dead or their voucher lose Trin Geo Willcox and Huggins  adjudge in b r vide Str if a man sue in chancery and pen the suit there the  statute of limitation attach on his demand and his bill be afterward dismiss  the matter be proper determinable at commonlaw in such case the court will  preserve the plaintiff right and will not suffer the statute to be plead in  bar to his demand Anonymous vern but if in such case the plaintiff be not stay  by the Act of the court as injunction c Q vide Anonymous Chan can Craddock v  marsh Chan Rep Hurdred v Calladon ibidem
as there be a benefit one way to a specific legatee as that he shall not  contribute to the loss of a pecuniary legatee so there be a hazard the other  way for if such specific legacy be a lease be evict or be good be lose or burn  or be a debt be lose by the insolvency of the debtor in all these case such  specific legatee shall have no contribution from the other legatee and  therefore shall pay no contribution towards they per Lord Chan Parker in the  case of Hinton and pink Trin will Rep vide Eq can Abr p note to case
as to a guardian be in loco parent the solicitor general take a difference  between a natural parent and a guardian for that if the latter be for marry a  ware under his quality it be most usual for this court to interpose but not so  in the case of a father be endeavour to marry his infant child to one beneath  he but per Macclesfield c this court will and have interpose even in the case  of a father as where the child have a estate and the father who be insolvent  and of a ill character will take the profit there the court have appoint a  receiver as be do in the case of kiffin and kiffin cite per Lord chancellor  ibidem Trin in the case of duke of Beauford and berty will Rep testamentary  guardian be recommend by the will to act with the advice of I S and I S be  attaint this superintendency devolve upon the great seal as the general  guardian of all infant per Lord Chan Macclesfield wherefore it be order that  the guardian shall apply to and advice with a and b the infant near equity  case abridge relation duke of Beauford and berty will Rep equity case abridge  er p
as to all my worldly estate I give and dispose thereof in manner follow and  then the testator give several pecuniary legacy and several annuity for life  to be pay by his executor and then he divide all the rest and residue of his  good and chattel and estate to his nephew Middleton the defendant and heir at  law to the testator and make he sole executor the will be duly execute accord  to the statute of fraud note there be a express devise in the will to a  relation of the testator the question be if the real estate be Chargeable with  the legacy and annuity in default of the personal estate and Cowper c be of  opinion that by the devise equity case abridge of all the rest and residue of  his good chattel and estate all his land do pass to his executor and that he  take by the will and not by descent as heir at law and that the land so devise  to he be Chargeable with the pecuniary legacy and annuity when the personal  estate fall short to satisfy the same and decree accord mich Geo awbrey and  Middleton vin Abr pl Lord chancellor observe that it be certain the intent of  the testator that the annuity and legacy shall be pay and say he will  endeavour to support the plain and express intent that it be also certain from  the whole frame of the will that the testator mean to dispose of all his  estate both real and personal for in the beginning of the will he say as to  all his worldly estate c then come last the clause all the rest and residue c  now the word rest and residue in this place may have some stress lie upon they  and seem to refer to the introductive clause in the will as to all his worldly  estate c which certain extend to land in a will and will bear a large  construction by reference to the first clause by which he intimate that he  intend to dispose of all his estate both real and personal by his will and  therefore his lordship be of opinion and decree as above ibidem
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 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 keep wright this will create a charge on the real estate for payment of  debt mich Bowdler and smith Prec in Chan this case be misplace in point of  time and so be the follow case
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 which I shall owe at my  death to any person or person whatsoever also I devise all my estate in g to  J S this be all the real estate the testator have per Lord keep wright this be  a charge on the real estate for payment of debt mich Bowdler and smith Prec in  Chan
as to my worldly estate I give it in manner follow imprimis I will that all my  debt shall be discharge this be a good devise to charge the land east Geo Lord  Warrington and leigh ms Rep
as to the disposal of my estate I devise the same as follow I give and devise  c and then devise his land to b his old son in tail remainder to his three  other son in tail male successive with remainder to his own right heir and  devise copper i and other estate to b to be sell to pay debt and then give to  his daughter pound per annum till twelve year old and afterward pound per  annum equity case abridge er p till marriage and give her pound to be pay by b  within three month after marriage and make b executor and die the personal  estate fall short Lord chancellor Cowper order precedent to be search but  think the land not charge mich Lord paulet and Parry Prec in Chan see vin Abr  title charge can S c
as to the mortgage it must be bad at all event there ought to have be either a  fine or a surrender so that the feme may be private examine on the whole we be  all of opinion for the lessor of the plaintiff it be certain that the  testatrix be a feme covert can neither make a will nor declare the use of the  surrender George v Ambl
as touch all such worldly estate as God have bless I with I dispose of the  same as follow imprimis I will that all my just debt be pay and satisfy it be  argue that it be a general preface to make a general disposition of his real  and personal estate as be mention after the will that it be a independent  clause and mean only a intention of a general disposition he after devise his  freehold and copyhold estate to his son and his heir when he come to twentyone  pay his wife so a year for her dower in the mean time after pound per annum to  his wife for dower the rest of the profit to be put out for the benefit of all  his child but make no provision for debt it be insist that if a man devise  land after debt pay that be a charge but decree that this be not a charge of  debt upon the real estate Trin Geo Barton and wilcocks vin Abr
as touch my worldly estate I dispose thereof as follow imprimis I give my  estate at to b item I give my estate at c to c item I give to e all my estate  at n c with all my good and chattel as they now stand for her natural life and  to my nephew I d after her death if he will but change his name to Beckwith if  he do not I give he only pound to be pay he for his life out of n c which I  give e upon my nephew be refuse to change his name to her and her heir for  ever the question be whether I d be intend to have a estate for life only or  in fee and Lord Talbot decree a estate in fee mich ibbetson and Beckwith case  in Eq tempt Talbot his lordship say that the introductory word prove the  testator to have have his whole estate in view at the time of make of the will  and that take the word in the first sense will make only a partial disposition  and leave a chasm whereas take they in the last sense will make a complete  disposition of the whole and that the clause of the devise to e and I d depend  upon the construction of the word estate which will be clear from the sense he  have take it in through all the other part of the will where whensoever he  have use it he have mean thereby to pass the inheritance and though the word  estate in common speech may not mean a inheritance yet it be clear he have  mean it so here and though the limitation to e in the first instance be for  life yet the devise to I d be in general word he think this can make no  difference and that no great stress can be lie upon the incorrect word and  that the intent plain appear to pass the inheritance ibidem
as when a devisee have bring a original bill in nature of a bill of revivor  the question be whether the defendant shall be at liberty to make a new  defence it be hold by Lord keeper that where a bill although a original be  only to supply the want of privity and be in all other matter as a bill of  revivor the decree ought to be carry on in the same manner as it will have be  on a bill of revivor if the plaintiff have claim in privity and there be no  reason why the devisee shall not have the same advantage of the decree as a  heir or executor without enter again into the merit of the Cause and the  decree on this bill ought not to be long or short than the first Clare and  Wordell pasch vern SC dick see next case so if a bill in nature of a bill of  revivor be bring against a devisee he can dispute the justice or validity of  the decree for then he will be in a better case equity case abridge er p than  a heir or executor easter Minshull and Lord Mohun vern SC bro p c
ascomb versus the hundred OF SPELHOLM mich W m B R Intr hill ult rot stat of  Winton e c and et c Vid hale p c Inst dalt c stand p c and side side Leon S c  show Mod S C call Ashcomb versus the hundred of Elthorn Carth holt h rob  refuse to take the oath can sue Videpost pl   servant rob of his master good  master may sue vide infra ante sand S C Carth call Ashcomb versus the hundred  of Elthorn a action be bring by the master for the robbery of a and b his  servant the jury find the special matter and that b be a Quaker and will not  take the oath a videlicet that he know none of the robber et per cur saint the  master may sue for the robbery of his servant and the oath of the servant be  sufficient dly the servant may also sue for he have the possession dly if the  servant be rob in the presence of the master the master must sue and the oath  of the master be sufficient sty but if the servant be rob out of the master  presence the servant must swear thly as to b who refuse to swear the hundred  be not liable for the statute of Elizabeth be make in favour of the hundred to  prevent confederacy and combination between the thief and the party rob and it  be the master folly to employ such a servant a by stat and will c a quaker  affirmation be of the same effect as a oath except in criminal case the  exception have be rule to extend to a appeal for murder castle v Bambridge Str  a motion for a attachment for nonperformance of a award robin v Sayward Str a  motion for a information for a misdemeanour king v Wych Str article of the  peace king v green Str a rule to answer the matter of a affidavit Str a  affidavit in defence of another against a rule for a information but not in  his own defence king v gardener burr h it do not extend to affidavit concern  the appointment of overseer king v tanner Str or to penal action atchison v  Everett Cowp aid Espinasse
ascot plaintiff against hender and Molesworth defendant a writ of error to  reverse a judgement in the c b in waste enter Trin James rot in a writ of  error to reverse a judgement give in the c b in a action of waste where the  plaintiff in the action of waste do assign the waste to be Bulstrode do in a  parlour a hall kitchen and a smith shop upon the plead of no waste make the  jury find for the plaintiff that the waste be do in these place assign in the  inquisition and also in a dovehouse not name nor assign by the party plaintiff  in the inquisition and do give damage for the whole and the judgement give  accord and so in this erroneous and this assign for error to reverse the  judgement and the book of h be cite where in a action of trespass the  plaintiff count of damage Bulstrode er p do he to the value of the jury find  for the plaintiff and give damage and judgement give accord for the it be  there say that he shall have no more by his recovery than be find himself to  be grieve for so in this case here in find of the jury and judgement give to  recover damage for the waste do in a place not assign by the plaintiff the  judgement for this cause be herein erroneous and therefore they have exceed  their authority and the direction give they by the inquisition as touch the  find by the waste and the jury have find the waste do in the place by the  plaintiff assign and in another place also not assign and they give of damage  for all and the judgement so give accord this be erroneous and so to be  reverse the court clear of opinion that this find by the jury and judgement  give for damage in the waste do in the dovehouse and the same not assign by  the plaintiff as to this part the court clear of opinion that the judgement be  erroneous and so by the rule of the court as to this part the judgement be  reverse
ascough belly lady chaplin trin geo two peer wms knight can Ai Moseley S c  breve de ventre to look into Vid officina short catalog east Elizabeth rot  more bract u foe cro James can BORRET a writ de ventre to look into returnable  tres mich on the behalf of Edward ascough Esq and Elizabeth his wife whether  chaplin spinster Charles fitzwilliam and Frances his wife coheir of sir John  chaplin Bart their brother against dame Elizabeth chaplin widow of the say sir  John the writ be return that the lady be with child and a motion make for the  safe custody of her until her delivery it be suggest that the lady mother be  likewise with child and there cook c p er p before neither she nor any other  woman with child be proper person to be with her the court agree that such a  clause shall be insert in the writ and lady be name on the part of the  prosecutor or heiress to attend the lady during her pregnancy and till her  delivery but they must not name any spinster and the mother be allow to visit  only
asgill v dawson Feb plea to discovery and relief overrule a plea to the  discovery and relief in a bill when the bill pray only a discovery be overrule
ash against day mich geo the declaration be of Hilary term last and  interlocutory judgement sign the same term a writ of inquiry be execute  returnable tres Trin last but be set aside by the court because the same be  execute before a person not proper depute by the sheriff defendant apply for a  supersedeas for want of plaintiff proceed to final judgement within three term  after the declaration and obtain a rule to show cause which be make absolute  prime for plaintiff will for defendant
ash and matthews how far the court will set aside a judgement in ejectment on  payment of cost on rule to show cause why judgement in ejectment shall not be  set aside Mr Monday inform the court that on the last day of every term he  keep a separate paper in which he enter down the minuet of those motion that  be make that day for judgement in ejectment and within a day or two after he  make out that paper in form fit for atorneys to come and peruse but the motion  of this sort that be make in the other part of the term he take down in this  common paperbook with the other motion and at his leisure after the term he  general make out a particular paper of they too on the d of February last  motion be make in this cause for judgement in ejectment within two day after  the term the defendant attorney come and search in the paper of ejectment make  out for the last day of the term and find no motion make that day in this  cause he do not enter into the common rule to confess lease entry and ouster  and upon that the plaintiff sign his judgement Mr Floyd upon this say he do  agree that the judgement be strict regular but yet as this be owe mere to a  mistake in the defendant attorney he submit it that the court will set it  aside especial as the defendant have lose the benefit of make a defence at the  trial accord the court make the rule absolute upon payment of cost
ash and matthews vide ante Mr reeves now move for the court be direction to  the master in relation to the and allow cost the plaintiff he say have a  regular judgement and execution and while he be in possession of the estate in  pursuance of it he be at some charge about the blow and sow of the ground the  expense of which he submit it the master ought to allow within the intention  of the word cost in the former rule or at least the court will amend the rule  and make the term of it to be that the plaintiff shall allow for those expense  the court be of opinion that this be not within the meaning of the former rule  neither do they think proper to make it any part of this accord the motion be  disallow
ash versus lady ash hill W Com assault battery and false imprisonment the lady  ash pretend that her daughter the plaintiff be trouble in mind and bring a  apothecary to give her physic and they bind her and will have compel her to  take physic she be confine but about two or three hour and the jury give her  damage sir Barth shower move for a new trial for the excessiveness of the  damage holt KB holt c j the jury be very shy of give a reason of their verdict  think they have a absolute despotic power but I do rectify that mistake for  the jury be to try cause with the assistance of the judge and ought to give  reason when require that if they go upon any mistake they be set right and a  new trial be grant
ASHBURNAM or ASPUNWELL against BRAILAM hill car rot lieu in debt on obligation  to pay at the house of one yarrow in Woodstreet great the defendant plead  payment at the house of you general and the visne be of the parish of saint  Michael in Woodstreet and after verdict and judgement for the plaintiff this  be assign for error as   Arundels case because this can be intend the same  place but per curian if it be error it be only in fact and shall have be plead  but now it be well enough judgement affirm and the court after Keble er p  examination will not suffer any to quash the record for male removement unless  for great cause
Ashburnham and bradshaw April how far a will shall be say to be good which be  make before the statute relate to charity though the testator die after that  statute this Cause come on about August last and the point of the case be this  a man make his will before the late Act of parliament take place restrain will  in favour of charity but do not die till after the Act take place Lord  chancellor direct the opinion of all the judge to be take whether this will be  good or not Barnardiston this Cause now come on in the paper again it appear  that all the judge of England except Mr justice Denton who be absent on  account of his illness have certify their opinion accord to his lordship  direction the opinion which they certify be that the will be good  notwithstanding the late Act of parliament and agreeable to this opinion his  lordship pronounce his decree that the will shall be establish and the trust  of the charity carry into execution
Ashburnham v kirkhall Dec a case be direct for the opinion of the judge the  fact to be state in it be state in the order by the court without refer it to  the master to settle the case the same be do in Harman v Spotteswood June
ASHDOWNE against fisher trinity geo defendant render in discharge of bail and  his person be discharge out of execution by the court as a bankrupt pursuant  to the statute his good be afterward take by a be made fa and he apply to have  they release and obtain a rule to show cause which be discharge the court hold  that the good may be take there be no clause in the statute which extend to  the good Skinner for plaintiff Bootle for defendant
ASHELEY against Sutton hilary geo rule to show cause why a supersedeas shall  not issue to discharge defendant out of custody for want of be charge in  execution within two term plaintiff attorney who live in London have send down  a can sa direct to the sheriff of Exeter instead of Devon which be send back  he rectify the mistake get it resealed and send it again in time as he think  to a attorney at Exeter with direction to charge defendant in execution but be  mistake as to the time of the post come into Exeter it come too late and  defendant be not charge within the term it be urge for defendant that though  the general rule of court direct a supersedeas to issue unless cause general  and not confine plaintiff to any particular matter yet nothing have ever be  admit as good cause against a supersedeas but a treaty for a accommodation  where proceed have stay at defendant request and if defendant be not charge  within the limit time through the ignorance of plaintiff attorney plaintiff  and not defendant must suffer enlarge the matter to be show for cause against  supersedeas will be productive of motion and render the practice uncertain and  of this opinion be Mr justice fortescue aland but per capital all just any  reasonable cause barn may be show the debt here be large and no intention to  oppress the defendant appear the want of defendant be charge in time be by  mere mistake and through accident the can sa when proper direct and resealed  be a new writ it be common to dispense with the word of a Act of parliament a  strong case than rule of court where insolvent debtor apply to be discharge  for nonpayment of S d per week the court refuse it unless the default of  payment be wilful equity relieve in the execution of power upon the head of  accident this be a cause within the meaning of the general rule the rule  discharge wright for plaintiff Eyre for defendant barn er p
ashfield against ashfield Intr t car b r rot upon a demurrer the case be  infant copyholder in fee lease for ear without licence render a rend and at  full age he accept the rend and after ousts his lessee who bring a ejection  firm and agree by the court Noy er p that a lease for year by a copyholder  although that it be a forfeiture yet it be no desseisin to the lord that the  lease be not void but voidable and may be affirm by acceptance and judgement  for the lessee for year and agree that such a forfeiture Noy do not bind a  infant Rep
ashford against hand endorsee of a note Payable by instalment may before the  last day of payment declare for the part that have become due action on the  case by a endorsee upon a note of hand for pay S by instalment and the last  day of payment be not yet come be count only for such part as be due for which  he have a verdict and it be move by Mr Lacey in arrest of judgement that a  action be not maintainable upon this note till all the day of payment be incur  because it be a entire contract for one entire sum though it be to be pay at  different time and what show this to be a entire contract be that the  plaintiff as endorsee can declare only on the note Owen   light b and though  it may be say that this action find in damage yet the least variance from the  note will be fatal the plaintiff ought to have count for the whole money cro  James it be answer by Mr marsh and so it be resolve that though in the case of  a entire contract a action can be bring till all the day be pass yet where the  action find in damage which be the present case the plaintiff may sue in order  to recover damage for every default make in payment and so be   light b it be  unreasonable that a action must be Andrews bring for money not due and the  case in cro James be a very extraordinary one but it do not prove this  declaration to be ill the motion be therefore deny
ashford and POLYXPHEN against crispen fish in trespass of fish in separali  piscaria and take pisces swine it be except in arrest of judgement that this  be ill as in c b Saywell and Thorpe quare abounding in rabbits where Cr  greenhill case be hold spurious as contra to the case of swan   send per  curian this be well enough and they may now be intend dead and judgement pro  plaintiff nisi post
ashley and BRADWOOD when a formedon in remainder be bring what shall be say to  be a good plea in such action upon a writ of error in a formedon in remainder  bring for land lie in the county palatine of Lancaster it appear that the  demandant have count how that Thomas Enquison be seize of the land in question  in his demesne as of fee in devise the same to Alexander his old son in tail  the remainder to Thomas his second son in tail the remainder to William his  three son in tail that Thomas the father and Alexander and Thomas his son be  all dead Barnardiston king b without issue by mean of which the land belong to  the demandant as heir of the body of William to this the tenant plead that  Thomas the son frater haeres to Alexander make a deed of feoff of the say land  with warranty which warranty descend upon the demandant the demandant put in a  immaterial replication to which there be a demurrer and therefore the single  question arise upon the validity of the plea whether this warranty shall be  consider a collateral warranty and if so the title of the demandant be bar or  whether it shall be consider a warranty commence by seize for want of its be  say that Alexander be dead without issue at the time of the feoff and if so  the title of the demandant continue good Mr Bootle junior argue for the tenant  and submit it that in as much as the tenant have plead that Thomas the son  haeres to Alexander have make the feoff that be a sufficient averment that his  brother be dead without issue at the time of the feoff and if the demandant  have join issue upon that fact and it have be prove upon evidence that  Alexander be not dead without issue at that time the issue must have be find  for the demandant for which purpose he cite dyer hob and say that the same  matter be plead so in coke entry and rastall however the court have some doubt  whether the plea be good in this respect accord the matter be order to stand  over vide post
ashley and Seagrave how far the court of king bench will punish the officer  belong to inferior court Mr Kettleby come to show cause upon a rule that be  make upon the defendant attorney to answer the matter of a affidavit he say  the cause be not in this court but in the Marshalsea and therefore this court  will not interpose but leave it to that jurisdiction to correct the  misbehaviour of atorneys in cause depend before they the chief justice say  that this court constant exercise its jurisdiction in correct the misbehaviour  of officer in all inferior jurisdiction however I probin observe that the  affidavit upon which the former rule be make be wrong title as be make in a  cause depend in this court whereas they ought not to have be title at all  accord the court discharge the former rule and say the title of the affidavit  must be strike out and they must be swear over again
ashley the young against MACKARLEY and another hilary geo Copy of process  serve on the return day at of clock in the afternoon rule absolute to stay  proceed vide foot against Hume hill Geo vol p Davy for defendant prime for  plaintiff
ashley vers ashley No new trial where there be evidence on both side the judge  who try this cause which be upon a promissory note for l which the defendant  insist be forge certify that the weight of the evidence be with the plaintiff  and he think the jury will find for the plaintiff but they find for the  defendant et per curian as there be evidence on the part of the defendant the  jury be the proper judge which scale preponderate it can be say to be a  verdict against evidence and therefore we will grant no new trial the next day  between strange report er p
ashley vers kell future effect of a second bankrupt continue his property till  seize upon motion for a new trial the court hold that though under Geo c the  future effect of a bankrupt who two commission have issue be liable to be  seize for the benefit of creditor ex part Proudfool atk Evans v Mann Cowp in  Martin v ohara ib but they be not entitle to the profit of his personal labour  Chippendale v Tomlinson cook bank law d Edward yet the bankrupt have in the  mean time such a property in they as enable he to transact and sell to a good  fide purchaser Troughton v Gilley Amb Chippendale v Tomlinson cook bank law  callen v Meyrick term Rep
ashly against Freckleton in case for disturb his seat in the church if against  the bishop he must show title aliter if against a stranger gibson Codex Wilson  term Rep term Rep levinz case and declare that he be seize of a message and  that be and all those who estate he have have time out of mind have all the  seat and the sole sepulture in a ail of the church and the defendant disturb  he after verdict for the plaintiff upon non culp it be move in arrest of  judgement that he have show no levinz er p consideration for his propriety in  not prescribe to repair the ail and co entr cro James Dawny vers do you in a  action upon the case consideration of this Idnd be set forth to which it be  answer that in a action upon the case against a stranger and wrongdoer no  title or consideration be necessary to be show though it be indeed so set  forth in the case cite which like this be but action upon the case against  mere stranger but where he claim against the ordinary himself who have prima  fancy the disposal of all the seat in the church he ought to show some cause  as building repair c but against a stranger who have prima fancy no right his  possession be sufficient ground for his action and so be bunion and bateman  case mich car cite to be resolve adjournatur afterward at another day upon  consideration of Bunton and bateman case it be resolve by the whole court and  judgement for the plaintiff
ashmore against edge tax ex motion bigland for trial at bar sander oppose it  on car cap because the copy of the declaration in ejectment be not pay for  send non allocatur for if the declaration file be pay for as they be they need  not pay for the copy which be but as a letter and a trial at bar be grant
ashton a attorney against Molineux trin geo a rule be obtain for plaintiff to  show cause why his bill of cost for business do in DoncasterCourt Yorkshire  for recovery whereof this action be bring shall not be refer to prothonotary  to be tax upon show cause it appear that all the business be do in  DoncasterCourt and the bill have be tax by the proper officer there the late  Act of parliament direct bill to be tax in that barn er p court where the  major part of the business charge be do and therefore the rule be discharge  agar for plaintiff win for defendant
ashton against Jennings matter of precedence where determinable SC keb Q raym  battery by the plaintiff a doctor of divinity and his wife against the  defendant and his wife for a battery do by the wife of the defendant to the  wife of the plaintiff the defendant plead that her husband be a justice of  peace and a esquire in the town of Plymouth where the battery be do and that  the wife of the defendant ought to have precedence of the wife of the  plaintiff and that at such a funeral in Plymouth the plaintiff wife take  precedence of the defendant wife wherefore she calmly manus to place upon upon  the plaintiff wife to remove her upon this the plaintiff demurrer and now  sander argue that the wife of a esquire and a justice of peace ought to have  precedence and take place before the wife levinz of a doctor of divinity for  though a doctor of divinity take place of a esquire and as wile say contend  with sergeant at law for precedence yet sander say that be in respect of his  degree in the university which be personal to himself only and not  communicable to his wife no more than the dignity of a bishop to the wife of a  bishop who be no lady nor take place as such though the bishop himself be a  baron of parliament and take place as such Rainsford and wile be only in court  say they will not countenance such a justification and that they be not judge  of precedence but the court of honour and without determine the right of  precedence or any regard have to it give judgement for the plaintiff for that  the defendant by his plea have confess the battery levinz term sanct trin year  car two in banc king
ashton against martin condition so of a plaint Leond condition Br Brownl pl  more in debt upon obligation condition to perform covenant one be in  consideration of d that money shall be repay if the defendant or other sue or  trouble charge or vex the plaintiff as administrator that then c and wile pro  defendant on Selby against Chute Trin James rot in c b covenant that lessee  shall enjoy it against the lessor and all claim under he the defendant exhibit  bill whereby the lessor appear to be only in trust and adjudge this be no  breach so here a bill in equity be but a petition be no suit within this  condition and therefore the defendant demurrer and per curian a suit in  chancery be a suit within the condition albeit it be no interruption post as  the case cite whether the suit be for the same money or any other so it be as  administrator it be full a breach and judgement pro plaintiff nisi Keble er p
ashton v dawson and vinncent may donation death causan one Cowper after make  his will three or four day before his death give mrs Dawson some banknote to  her own use if be die else to be return on his death Ashton who be his  executor on inquire into the affair say he be very well please that they be  give her she desire Mr Ashton to keep the note for her and employ they to the  best advantage for her he take they and give her a note for they she have  after marry contrary to his inclination be refuse to deliver up the note on  which action be bring on his note and a recovery and damage bill be bring here  to be relieve but relief deny curian you come here to be relieve against the  note which can be but on the foot of fraud at the time of give it the whole  affair be examine it be not a legacy nor be there any occasion for the  executor assent to it it be not a gift at commonlaw but in view of death  select case tempt king here be express word but if he have use no word and  have be near death it have be look on as a donation death causan it be a  testamentary legacy of which the commonlaw take notice but not provable in the  ecclesiastical court it be only questionable here and the executor assent be  not necessary because may die intestate this further differ from a legacy  which depend sole on the dispose word but in a donation death causan must be a  delivery which be something more so bill dismiss with cost this cause be  reheard before Lord chancellor king August and affirm the decree only alter it  in respect of the defendant cost who be trustee shall have it out of the  estate but incline to have order a trial at law have Mr Ashton not give a note  select case tempt king er p
ashton V smith house of lord march from llie print case of the respondent in  the house of lord the ensue statement of the demurrer in this case of Ashton v  smith be take from the print case of the respondent in the house of lord the  respondent demurrer to the bill of review for that by the constant rule of the  court no bill of review to reverse alter or explain a decree ought to be admit  unless for manifest error appear in such decree or from new matter of fact  arise since the decree of which no advantage can have be take at the hear and  it Cooper t Cottonham er p be not pretend by the bill that the appellant have  obtain any order or leave of the court to bring his bill on any new matter of  fact discover since the decree of which no advantage can have be take at the  hear and for that there be no matter of fact disclose in the bill for which  the decree ought to be review reverse or alter and the pretend error assign in  the bill for reverse the say decree be not error appear in the say decree and  for that the say bill contain no equity and it do not appear thereby that the  appellant have perform the say decree and pay the money report due from he to  the respondent by the report of sir Thomas grey master as by the constant rule  of the court he ought to have do
ashton V smith house of lord march from Lord harcourt ms table in a copy of  Lord harcourt ms table see a subsequent part of the present publication belong  to the author there be the ensue placitum take from the case of Ashton v smith  bill of review ought not to be bring but for manifest error appear upon the  face of the decree or for new matter arisng since the decree of which no  advantage can have be take with leave of the ourt to bring such bill upon new  matter discover
ashton V smith Lord king Feb author ms there be a order in a suit that the  plaintiff shall pay money to the defendant and the order be enrol the  plaintiff now bring his bill of review and the same pretend not that the money  have be pay whereupon the defendant demurrer lord king the rule be that there  shall be no bill of review until the decree obey the bill here do not pretend  that the money have be pay demurrer allow Ashton v smith l c February
ashton V smith Lord king Feb extract from author rd king the order of the  court be very precise as to bill of review it must be clear show that the new  matter be of value and that it can not have be have before Ashton v smith l c  February Cooper t Cottonham a recent case in which both these point come into  discussion be ackland v Braddick Beav
ashton versus shearman ante plead of five judgement be a confession of asset  to above four debt upon a bind against the defendant as administratrix the  defendant plead five several judgement in bar and that she have not asset  ultra the plaintiff reply quoad the first judgement close non for that that  judgement be satisfy and keep on foot by fraud and so make special replication  to the other four and conclude special with a quoad to every one the defendant  demurrer it be object that the replication be double because it contain five  distinct matter whereas it have be sufficient to avoid any one of the  judgement to entitle the plaintiff to his action say non allocatur for it be  the sure way to answer every particular for though the replication to one be  false yet if it be good for any of the rest the plaintiff shall recover for  the defendant shall not take advantage of her own wrong the plaintiff to every  replication conclude with a quoad whereas there ought to be but one conclusion  to all send non allocatur for it be better thus vide I sand Hancock versus  proud and sand Trethewy versus ackland
ashton versus shearman ux administrator of field mich W disapprove Roger v  price you I case W debt on a bind of the intestate S the defendant plead that  field the intestate that of July W m become indebt in l to Richard Wareing for  which Wareing have a judgement of l and S cost and also a judgement to one  axtel and they set forth several other judgement and bind and that they have  not asset ultra the plaintiff reply several to the judgement as to six of they  that they be keep on foot per fraud and as to the two judgement of Wareing and  Axtell that the defendant have asset to satisfy he beside good to satisfy  Wareing and Axtell de separalibus debt is owed financial loss nest prediction  versus Self Johan Sherman Mariam wife he as carry in front recupere hoc petit  quod to seek after per native land whereupon the defendant demurrer special  because the replication be double plaintiff join in demurrer and holt CJ  deliver the opinion of the court and say the defendant executor have plead in  bar several judgement the plaintiff have reply to they several which he may  well do but then he have not do well in this he have plead to some judgement  that they be keep on foot by fraud and as to the other that he holt KB er p  have asset ultra hoc petit quod to seek after per native land and conclude to  the country be nought because the holt KB defendant have confess by his plea  already that he have asset ultra those judgement here you have drive they to a  ill issue which can be good but because the precedent have be this way as  Handcock and proud S case sand we will give the plaintiff leave to discontinue  pay cost after which by consent of party a rule be give that the plaintiff  shall have leave to amend pay cost mich W case W holt CJ if a employ b to work  for c without warrant from c a be liable to pay for it a executor be not  liable to pay for funeral expense unless he contract for it
ashton versus shearman ux post administrator plead five judgement this imply d  he have asset above four the defendant be a administrator plead several  judgement in bar the plaintiff reply as to every one of they several and  conclude to the country the defendant demurrer Carthue pro quer rely d on the  case I sand Hancock versus proud and sand Trethewy versus ackland where the  replication be just as it be here and the court seem d now to incline that the  replication be good for the chief justice say where a administrator plead five  several judgement this imply d that he have asset above four so if one of they  fail he be go and this be a anomalous case out of the rule of double plead
ashwin versus CORBILL mich Ann B R a term notice fide ante Mod side if a cause  have lie at issue four term and no proceed there must be a full term notice of  trial exclude the term wherein issue be join Salkeld er p
Ashworth and sir though stanley hill banc sup arrest of judgement in a  ejection firm e damage ejection strong upon a verdict give for the plaintiff  in a ejection firmea it be move in arrest of judgement that the ejectmentis  lie to be of three message or tenement and a toss which as to the message or  tenement be incertain roll chief justice Youmove too soon for it may be the  plaintiff will release the damage as to the message or tenement and take his  judgement only for the toss and the action lie well enough for that style  report er p
Ashworth v er lord if there be a covenant to pay one of two thing it be not  necessary to make a election which shall be pay upon a rule to show cause why  judgement shall not be arrest in a action of covenant it appear that the  action be bring upon a covenant in a lease under which the defendant be bind  to pay annual to the plaintiff two hen or in lieu thereof one shilling at the  election of the plaintiff and the breach assign be that the defendant do not  pay either the two hen or the shilling the rule be discharge and by rider ch j  it have be say that the plaintiff ought not to have judgement because it be  not allege in the declaration that he have make a election if the breach  assign be that the defendant do not pay one of the two shilling the plaintiff  must have allege that he have make a election to have that thing pay but as  the breach assign be that the defendant do not pay either of the two shilling  it be not necessary for the plaintiff to allege that he have make a election
ASLETT and vinncent how far the plaintiff may reply de in an unjust manner  svan not common with others without tali causan by reason that the plea do not  contain in it matter of record in trespass the defendant plead that he take  the good by way of distress and as they be not replevied within five day after  notice he sell they secundum form to cause to stand the plaintiff reply that  he take the good de in an unjust manner svan not common with others without  tali causan upon which the defendant demurrer and now show for cause that as  his plea be mix with matter of record as well as with matter of pais the  plaintiff ought not to have reply general abqsue tali causan Barnardiston king  b but shall have traverse some particular part of his plea and Crogates case  in the eight report be cite to this purpose but the court say that this plea  be not mix with matter of pais and matter of record for a statute be not  matter of record but a public law term trin geo I
asmole versus sergeant Goodwin Trin will B R Sunday and holiday compute for  act to be do out of court vide post pl Mod Mod burr h Bl t r t r case against  the custos narrow places the declaration be deliver on Friday morning and rule  give to plead within four day whereas holiday and Sunday be not juridical day  et per cur we reckon they non juridici as to matter to be transact in court  and therefore Sunday and holiday be no day to move in arrest of judgement but  as to business do out of court as rule to plead within four day c Sunday be  reckon the same with other day Salkeld sir robert howard case Trin will B R at  the sit at guildhall insurance of h s life for a year h die on the last day  insurer liable vide ante Rep I b lev   a policy of assurance be make to insure  the life of sir Robert Howard for one year from the day of the date thereof  the policy be date on the d day of September sir Robert die on the d day of  September about one clock in the morning et per holt c j in a action hereupon  it be rule at the sit at guildhall saint that from the day of the date exclude  the day but from the date include it so that the day of the date be exclude  dly that the law make no fraction in a day yet in this case he die after the  commencement and before the end of the last day the insurer be liable because  the insurance be for a year and the year be not complete till the day be over  yet if a be bear on the three day of September and on the second day of  September twentyone year afterward be make his will this be a good will for  the law will make no fraction of a day and by consequence he be of age
aspley against Crosley easter geo Darnal move that defendant may be discharge  out of custody at plaintiff suit upon the trial of this cause a juror be  withdraw by consent and all matter in difference between the say party be  refer to arbitrator who make a award whereby defendant be order to pay a sum  of money to plaintiff at a future day defendant counsel insist that plaintiff  only remedy be now upon the award and if there have be any bail in the cause  it will have be lose and therefore defendant ought to be discharge out of  custody but the court be of opinion that the award be not a final conclusive  absolute determination but be liable to exception and no provision be make by  the rule for defendant discharge before performance of the award and the  arbitrator not have order defendant to be discharge their intention seem to be  that all thing shall remain in position quo till performance of the award No  rule
asplin and grey practice venue per curian if the declaration be deliver so  early in term that the defendant have eight day in that term he can move to  change the venue the next term strange report er p
asset de judgement Trin Elizabeth rot Bacon plaintiff against sell in a  ejection firm the original bare testae April a and the plaintiff declare upon  a lease make to he Apr a so that it appear to the court that the plaintiff  bring his action before he have a interest in the land and b that all the  court a rule be give for stay of judgement after a verdict but afterward the  plaintiff come and show that after improlance be file a new original
asset eveling against Leveson executor of the testament of Walton in effect  the case be this the queen be indebt to Walton in a hundred pound for musket  and caliver deliver into the tower for which money Walton take a debenter from  the queen in the name of a stranger and afterward die and make Leveson  executor Gouldsborough er p who procure the stranger to release and surrender  the former debenter to the queen and take a new debenter for the same hundred  pound to himself this be adjudge no asset nor devastavit in the hand of the  executor Leveson upon a special verdict but otherwise it shall have be if the  first debenter have be take in Waltons own name for then it have be a  devastavit by the executor
asset woodcock bring a action of debt against Hern executor of I S the  defendant plead that the testator in his life time make a statute staple to  one king in the sum of and above that he have nothing and if this plea be good  or not be the question Fenner the plea be good without question gawdy I have  hear diverse learned man doubt of that for if the testator be bind in a  statute to perform covenant which be not yet break and it may be they will  never be break and then be shall never be Chargeable by this statute and yet  he shall never be compel to pay any debt which will be a great inconvenience  and again I think there will be a great mischief of the other part for put the  case if the executor do pay this debt and the statute be break after he shall  be Chargeable by a devas tavit of his own proper good the which will be a  great inconvenience Gouldsborough er p
assignee under a Commission of bankruptcy die very much indebt by bind c the  present assignee petition that the administratrix of the decease assignee may  account before the commissioner she have some of the bankrupt effect in specie  in her hand but the administratrix deny this upon oath and swear that there be  debt by specialty beyond the asset the court think this proper for a bill and  not for a summary way of account before the commissioner Trin ex part Markland  will Rep vide title bankrupt Eq can Abr p can SC state more full
assumpsit in consideration that a man will voluntary do that act which  otherwise the shall have be compel to do Dixon bring a action upon the case  against Adam and declare that whereas I S be indebt to the say Adam in for  which the say Adam arrest the say S and the say Dixon be bail for the say I S  in the say suit and the say Adam recover in the say suit and after sue forth a  to know facias against the say Dixon be bail whereupon the say Adam in  consideration that the say Dixon will pay he the the say Adam assume to assign  over unto he the say first obligation in which the say I S be bind unto he and  upon which the first action be bring and the judgement thereupon have and the  plaintiff dixit in facto that he have pay the to the defendant send preceding  defend Gouldsborough report promise adoption urge too little curan have not  assign over to the plaintiff the say obligation and judgement per quod act to  grow progressively and judgement be give for the plaintiff for the  consideration be hold good
assumpsit of the testator pine of lincoln inn bring a assumpsit against widow  hide as executrix of her husband and declare that the testator in  consideration that the plaintiff bad Gouldsborough er p lease to he certain  copyholdland he assume to pay to he and the defendant demurrer in law for that  the action be not maintainable against any executor upon a assumption of the  testator Popham for the contrariety of opinion in this case between the judge  of the commonplace and we we will make it a exchequerchamber case and so try  the law
astill vers clerk p will c b vol S C more at large Lutw vin pl plead Lutw post  vol the king may grant a franchisewithin the duchy of Lancaster and out of the  county palatine under the great seal replevin the question be upon the plead  between the earl of Nottingham and the corporation of Daventry whether the  king can grant a fair within the duchy of Lancaster and out of the county  palatine under the great seal of England and after several argument at the bar  it be adjudge Pasc will c b that he well may because it be a new royal  franchise of a new creation and be not at any time a inheritance in the duke  of Lancaster more the case of saffron Walden raze Entr quare hinder trespass
ASTLEV versus child assignment of a lease to plaintiff lessor good evidence  without the original lease ejectment the plaintiff produce a assignment of a  lease from foster to his lessor and it be allow d to be read for evidence  without produce the original lease the case be that one Golding of Mars in  consideration of a personal Comberbach er p estate bring by his wife as widow  of a former husband to part whereof her child be intitl d assign to Barton in  trust for his wife during her life and after for the child and be of Mars  mortgage to the defendant for good consideration and after for more money  release the equity of redemption holt Ch I say it be very strong evidence of a  fraud it be but voluntary for the child be not bind by such assignment nor bar  d of their share of the personal estate Quer non pro
Astley and BRANDWOOD vide before this matter come on in the paper a few day  ago and then Mr agar desire that it may stand over till the next term because  he be not prepare to speak to it the chief justice say he believe the  exception of want of seize will be too strong for he to get over accord make a  rule that the judgement shall be reverse unless cause today and no cause be  now show
Astley and web case in a ejection firm the word way arms be omit out of the  plaintiff declaration and although this be the default of the clark yet the  same can not he amend but it make the declaration not to be good pasch James  in the king bench
Astley versus child Trin W Com ejectment the plaintiff produce a assignment of  a lease from foster to his lessor and it be allow to be read for evidence  without produce the original lease the case be that one Golding of Mars in  consideration of a personal estate bring by his wife as widow of a former  husband to part whereof her child be entitle assign to Barton in trust for his  wife during her life and after for the child and he of Mars mortgage to the  defendant for good consideration and after for more money release t equity of  redemption holt CJ say it be very strong evidence of a fraud it be but  voluntary for the child be not bind by such assignment nor bar of their share  of the personal estate Quer non pro fraudulent sale
ASTMALL and ASTMALL mich car two rot dower error of judgement in dower because  the view be deny on pretence the husband die seize and verdict find the  husband do not die seize levins contra that this be dower unde nil to have  Edward view Br roll Inst view lie not at commonlaw against heir nor purchaser  but in a writ of right its otherwise Pelham that in   Entr its counter plead  in dower unde nil to have raze Entr h and Hengham and h where man to go  seisitus it lie not else it do and Rainsford and wile the absent that view be  grantable Adjornatur
aston against lyder and sadler forest in ejectment of lodge chase and warren  or a lease of the Lord Buckhurst the defendant confess ouster of lodge and  chase and warren but of no soil more than of the lodge the plaintiff evidence  be by grant of the manor except the chase which Inst be say to include the  soil and that a chase do necessary include a warren the defendant except that  they have be in possession above year and so the plaintiff entry not congeable  but by Twisden h cap extend not to a common and there be the same reason of a  franchise and this and whether ejectment lie of these liberty Cr pl be save to  be find especial the reversion in the king will privilege the lessor of the  plaintiff be but a lessee for year against such want of possession but in this  case the reversion be grant out of the crown and if it be not the defendant  justify that entry oh the seize will turn the lessee possession to a right  though it hurt not the king reversion the original grant from the crown be of  the manor except the chase with all warren which the defendant say be a deer  chase but it appear the warren in question be of lesser extent than the chase  and so the grant of reversion by the crown which be particular of the chase or  warren of cony Keble er p except the chase general be intend for deer and can  be of the warren unless the warren be large than the chase then it may be good  for warren be not within the chase and manwood the warren and chase may be  distinct liberty in the same soil in the crown though general one be include  of the other and find that the king be seize of the manor and chase and warren  therein but the court will not permit to find actual ouster of the lessee of  the king but only that the defendant have be and be possess because they be  nominal trustee for prince Henry and be never actual in possession and thereby  their latter assignment will be void
aston S case indictment against a justice of peace a indictment against a  justice of the peace for not bind over offender charge upon oath with a riot  be quash d for that such indictment lie not
Aston v Aston equity case abridge er report date land be settle in trust for  raise portion for daughter Payable upon their marriage with t consent of  trustee but if they marry without such consent then to remain over to another  c the daughter be old and never intend to marry but to lie out their portion  in a purchase of annuity for their life and it be hold that they shall have  their portion immediate upon give security to indemnify against the person to  who the portion be devise over decree car Needham and Vernon Rep tempt finch  Aston v Aston vern S p decree upon give security to refund if the condition  shall be break though no mention make that the daughter do not intend to marry
aston versus Adam pasch will prohibition to the plaintiff in chancery who have  bring a bill on a indebitatus assumpsit motion for a prohibition to one Adam  who have exhibit a bill in chancery the case be thus Aston stand engage to  Adam by simple contract to pay he for cure his son c and Adam bring a bill in  chancery for this suggest that the agreement Salkeld be not in write and that  the witness who can prove it be either dead or beyond sea the defendant Aston  plead that the agreement be make in the presence of W r now live in holland  and traverse the rest of the suggestion and this be overrule in chancery Aston  now move for a prohibition because this be no more than a mere indebitatus  assumpsit at commonlaw and if this Salkeld er p proceed shall be allow it will  tend to the subversion of the whole frame of the commonlaw beside the grant a  prohibition will prevent the clash of jurisdiction and there be several  precedent in the register of prohibition ne to follow sub his danger the court  appoint to hear counsel on both side but the cause be agree a a there seem no  case of a prohibition to the court of chancery and in Raymond it be doubt  whether such will lie
aston versus shearman mich will B R ld raym S c disapprove Roger v price g I  plead of six judgement be a confession of asset for above five and if the  replication take issue upon the riens ultra a certain sum it be ill post comb  S C cartl case B R holt lill Entr lev ld raym Com debt upon a bind against a  executor the defendant plead six several judgement for each and that he have  not asset ultra which be bind by they the plaintiff reply several as to five  of the judgement that be keep on foot by fraud and pray judgement for his debt  and damage in the conclusion of each plea and as to the six be plead that the  defendant have asset ultra the sufficient c et hoc petit quod to seek after  per native land et per holt c j it be adjudge first that the plaintiff may  reply several as to each and that it be at his election to reply to all or  some or any one of the judgement set up by the executor but dly that the  plaintiff replication be wrong in this that he plead as to five judgement per  fraud and as to the last that he have asset ultra conclude to the country for  when a man plead six judgement be confess asset for above five so that it be a  allegation of what be already confess and drive he to a unnecessary issue  thereupon but because there be precedent this way as sand the plaintiff have  leave to discontinue and afterward amend on payment of cost a a vide the plead  in this case lily entry
ASTREE against ballard gloc Mod keb levinz Nels Abr in trover for coal upon  not guilty it be find by special verdict that the plaintiff have make a lease  by indenture to the defendant for year of the manor of westerley and all  hereditament within it that at the time of the demise there be some coalmine  open but that the coal for which the action be bring be dig out of i not open  at the demise the question be whether Jones t the action be maintainable  Pemberton for the plaintiff argue that it lie for here be no express grant of  i which have be strong for the defendant but admit that i have be express  grant the law will never make a construction to the prejudice of the  inheritance whereof it be tender where the grant may be otherwise satisfy as  in this case it may by open i   Lifords case Inst b   sander case judgement  for the plaintiff on the first argument
ASTREE against PAULFREYMAN enter easter car gloc to know fac Mod vent keb  levinz Nels Abr ante in to know fac against the defendant be bail for Ballard  the defendant plead that before the return of the to know fac against he the  plaintiff have sue out a known on good evidence capias to the sheriff of gloc  against Ballard and have take he in execution upon the say judgement thus far  to have to hold off in custodian ad satisfac judgement whether there shall be  execution against he prcelextu recognition the plaintiff demurrer general and  bad judgement on the first motion for the defendant have not perform the  recognizance and it be say that it be so adjudge easterterm car between Oliver  and Norris these case be cite for the defendant roll part audit Quer pl Cr  James Bulstr part Inst
ASTREE and ballard ante bail Mr attorney Jones show cause against the  judgement that the plea be good and if any principal be take the bail be  discharge I roll albeit after take one principal or bail the other may be take  also the plaintiff by take one have deprive the defendant of bring in all  accord to the condition of recognizance Twisden contra say adjornatur pl Keble  er p
ASTREE and ballard ante pl bail Mr attorney Jones show cause against judgement  in scir fac on recognizance against the bail for five principal on plea in bar  that before the return of a second scir fac the plaintiff have by testatum  take one of the principal in execution because hereby the plaintiff bath  determine his election roll Abridg and there can be no difference between take  one principal and all Cr and so Boulstr as when suit be take Inst against the  executor the heir be discharge by levins for the defendant Rainsford chief  justice if one of the principal render himself this be no discharge of the  bail which the defendant agree Twisden justice that the take one binder not to  take the rest and this the defendant shall have do and plead this special as  to the other say adjornatur
ASTREE and ballard bail on to know facias the defendant plead that one of the  five person against who the judgement be be in execution to which the  plaintiff demurrer and by sander on render of one the bail be discharge and he  be as well discharge here it be now become impossible for the Keble defendant  to render all Cr dyer b and Inst but per curian this execution against one be  no satisfaction and the defendant may bring in the rest and his recognizance  be to render all five its break by not render the rest and after execution by  to know facias against bail the principal may be take by new capias and both  be in execution be on several judgement and judgement for the plaintiff
ASTREE and ballard lease in trover of coal special verdict find sale of manor  then in lease to the defendant wherein be i open and shut and if the lessee  may dig in unopen i then for the defendant else for the plaintiff sergeant  Pemberton for the plaintiff that the i be only recite to be in the fine and  sale of the manor and be not in the word of demise to the defendant but the  demise be of the premise only which be only as of the appurtenance but however  its reasonable that by lease of i new one shall not pass there be other to  satisfy as on demise of land with the timber tree nothing of the timber passes  as   Lyfords case and yet they will pass alone so dyer that man inheritance  shall not be destroy by general word but if there be no i open the lessee may  open as Inst   and if the word may be satisfy otherwise the lessee shall not  open i and this be suitable to the most common intendment and it have be easy  to express the grant of i open and unopen Twisden justice that the Lord cook  opinion be as good as fitzherberts or dr and saint and not so easy oppose as  deny also though in a recovery i may pass by general word yet in a lease there  must be special word but by Jones the recovery be of all i open and unopen yet  the lease be de land omnibus premise belong to the manor only so it can open  new i which Rainsford chief justice agree and judgement for the plaintiff nisi
ASTREE versus ballard lev Mod side t Jones keb the case be the plaintiff have  recover against two in trover and now bring a to know facias against the bail  who plead that he have take one of the principal Ventris er p in execution  before the to know facias take out Ro if one have execution against the  principal he can afterward proceed against the bail nec the but Paschae of  this king it be resolve in the case of Orlibary and Norris where the bail be  take first in execution and afterward the principal that they shall be both  detain until satisfaction contrary to Ro so that it appear that the plaintiff  shall not be conclude by his election to proceed against the one first but  here the difficulty be that the bail by the plaintiff act be disable to bring  in both their body accord to the condition of the recognizance be have take  one of they himself et adjornatur judgement for the plaintiff Mod
astrey and ballard trin car two rot lease in trover the defendant justify by  lease of the land wherein c with all i profit emolument c and if this passes i  not open be the question on special verdict Symson for the plaintiff on roll  be and Inst b and be conceive that i shut do not pass by lease of the land  alone therefore as to the i it will be fruitless without it pass i shut and Cr  mention not this point nor Edward but Edward be that by the general word all  profit i shut may pass say adjornatur
at a rehear before my Lord keep assist with justice Vaughan and turner concern  the redemption of a mortgage which have be make above forty year my Lord keep  declare that he will not relieve mortgage after twenty year for that the  statute of limitation do adjudge it reasonable to limit the time of one entry  to that number of year unless there be such particular circumstance as may  vary the ordinary case as infant femes covert c who be provide for by the very  statute though those matter in equity be to be govern by the course of the  court and that it be best to square the rule of equity case abridge equity as  near the rule of reason and law as may be ewre and white vent though there be  no time limit for redemption of mortgage yet where a man come in at a old hand  it have be sometime decree that the possessor shall account no far than for  the profit make in his own time to discourage the stir in such dormant title  but the common doctrine in the court of equity be that mortgage be not within  the statute of limitation though that statute be mention sometime as a proper  direction to go by for the court of equity be tender of settle any set time  because a man can never be injure if he receive principal interest and cost  but the proprietor of the land be injure if he part with his possession under  the true value but sometime the court have allow length of time to be plead in  bar where the mortgage estate have descend as a fee without entry or claim  from the mortgagor and where the possessor will be entangle in a long account  vide Chan can Chan Rep
at a vestry it be agree to build a parish workhouse and to lie out pound in  building the same which be to be borrow and it be agree that whoever be bind  for the pound shall be indemnified by the parish and by another vestry order  this order be confirm and both order be sign by the vicar and several  inhabitant of the parish the pound be borrow of I S and a together with b who  die insolvent give a bind for the payment thereof with interest a order of  vestry be make for raise the money but upon appeal to the quartersession by  some new parishioner the order be quash the pound not be pay I S put the bind  in suit against a who pay it and bring a bill against such of the inhabitant  as be live and against the present vicar churchwarden and overseer to be  relieve his honour decree he his principal interest and cost at law and in  this court and that the vicar c do call a vestry to make a rate for the  payment thereof and if any of the inhabitant refuse pay the rate a to be at  liberty to apply to the court Trin blackbourn and Webster et all will Rep his  honour say he do not see why the court may not as well compel those who be not  party to pay the rate as order tenant though not party to pay their rend the  defendant in the principal case have put in a fair answer their cost be decree  to be raise by the same rate but his honour say that if those who have appeal  to the quartersession have be before the court they shall have pay all the  cost ibidem equity case abridge cap CXIV visitor
at law hide v petit Chan can warren v green Rep tempt finch S p if the  submission to a award be the distinction which have obtain with respect to  conditional submission be where the submission do in general set forth all the  matter in controversy with a special conclusion require or so that the award  be make of all the say matter in which case it have be hold necessary to make  a final determination of all the particular enumerate cro Elizabeth but if  there be no such enumeration nor special conclusion then the award may be good  though it make a end of part of the matter only roll Abr   b and since the  court of law and equity have of late be less nice in the construction of award  it be now agree to be a state rule in award that be conditional or say to be  de super praeemissis that if the word use in they be in their own nature more  comprehensive and so extensive to thing not within the submission yet it shall  be intend that there be no other matter between the party for they to lie hold  on but what be submit if the contrary be not show so e turning if the word be  more narrow and less comprehensive than to take in all the matter of  submission yet it shall be intend that no more be in controversy than what the  word natural comprehend if the contrary be not likewise show g Mod conditional  ita quod a award be make de super to send forward c there if the award be not  of the whole it be void but if the submission be not conditional as aforesaid  then though the award be but of part of the matter refer it be good for so  much as it settle though it leaves other thing at large per Lord Maynard vern  equity case abridge b the party TO the submission
at nisi prius in person holt CJ Scythian plant mich W case W 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 CJ to support this indictment there must be apparent danger or mischief  already do dly though the defendant have do thus for fifty or sixty year yet  if it be a nuisance time will not make it lawful dly 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 thly though gunpowder be a necessary thing and for defence of the  kingdom yet if it be keep in a place dangerous to the inhabitant or passenger  it will be a nuisance holt KB er p
at oxon during the difference between the king and parliament but never sit at  Westminster hall exhibit a bill against the defendant Prothonotaries of the  king b at that equity case abridge time to have a account of the money c  receive by they during that time by a imply trust army duty to which the  defendant plead the statute of limitation but upon argument the plea be  overrule car sir Edward heath and Henley all Chan can Chan Rep S c
at salop assize of Mars carom king Anonymous stat of Elizabeth cap at Salop  assize before sir William Jones justice of assize this matter happen before he  on the crown side upon the statute of be Elizabeth cap and James cap touch  bastard child this question be propound by sir John Corbet a justice of the  peace unto sir Wilfiam Jones justice of assize upon these statute by the first  statute punishment be to be inflict and by the second statute if she offend  the second time then she be to be send to the house of correction for one year  and to put in surety for her good behaviour and not to offend again upon this  the case propound be that one have a bastard child but she be not question for  it no proceed be have against her upon the statute of Elizabeth cap afterward  she have a second bastard child the question now propunde be whether she shall  now be Bulstrode proceed against upon the statute of James cap as for her  second offence she not have be punish for her first offence whether this  second offence shall be now take for the first offence or not I Jones justice  she shall not be punish upon the statute of James cap as for her second  offence unless she have be before question and punish for her first offence  but she may have be punish for her first offence either by the statute of  Elizabeth cap or by the statute of James cap but be not to be punish by the  statute of James as for her second offence unless she have be before punish  for her first offence but this second offence shall be now deem and take to be  as her first offence and so be to be punish for the same accord to the law
at sergeant inn February lady Charlton v sir blunden Charlton there can be no  prescription in non decimand against a lie rector any more than against a  spiritual rector Lord chief baron Reynolds declare it as his opinion that  there can be no prescription in non decimand against a lie rector any more  than against a spiritual Bunbury er p rector arid that they be equal entitle  to tithe of common right and that it be sufficient for a lie rector to set  forth in a bill that he be seize of the impropriate rectory and if he make out  his title to that it will be sufficient without put he to the proof of have  receive tithe and to this opinion baron comens seem to assent but notam be  distinguish between one who set up a title to the rectory and one who entitle  himself only to the tithe or any species of tithe within a parish for in this  last case the plaintiff shall be hold to strict proof not only of his title  but also of the perception of all the tithe he set up a title to and in this  present case the plaintiff have set forth a title in sir Francis Charlton  under Bunbury who she claim to all the tithe in the parish of Lucford except  such small tithe as the vicar usual receive and not to the rectory and the  defendant deny the plaintiff title to tithe herbage and the plaintiff not be  able to prove any herbage tithe ever pay though she attempt to prove a unity  of possession for above seventy year yet the bill be dismiss Bunbury de term  paschae
at the hear it be object by defendant b that I S who be a necessary defendant  be not bring to hear plaintiff show he have prosecute he to a sequestration  and therefore may go on defendant answer that the affidavit on which the  process of sequestration be find be insufficient and upon read of it it appear  that the Subpna be leave at a place where I S have only lodge once and that  above two year before the service cur hold it not sufficient service to go on  against the other defendant alone unless the plaintiff will consent to stand  in the place of I S to all purpose which he not do the Cause go off for want  of party mich Parker and Blackbourne ms Rep Prec in Chan SC in as many word  Vol Abr Eq can SC but not so full state Cause permit to be hear without a  necessary party he be beyond sea and if he have any right he may come before  the deputy on the account bunb Rep in scacc
at the sit in c b at guildhall in person robert eire soldier inter beck and  timbrel Geo two action for good sell and deliver defendant offer a bind for  performance of covenant in evidence action for good sell and deliver c the  defendant in discharge of the debt offer to give in evidence W Kelynge a bind  for performance of covenant and rely upon the Geo c say per e CJ this statute  do not extend to debt of that nature videlicet to bind for performance of  covenant upon condition c but only to mutual promise upon simple contract or  to debt upon bind for money absolute for the Act do not intend that the  penalty shall be give in evidence but the principal only with the interest  which be legal due upon such bind vide stat Geo c ad peden vide bank of  England versus morris say there penalty be the debt in law W Kelynge er p
atfield versus parker pasch W case W in a action against a executor or  administrator if he plead not all his judgement he lose the right of prefer  they and may be charge in a devastavit for those judgement he have omit to  plead of which vide a case well report in Hutton for the plead of the  judgement be a protection of the asset which you have or may have until the  judgement be satisfy and if one plead five judgement and one of they be false  or fraudulent you be saddle with the whole debt per holt gold
atkin and urton mortgagor covenant for further assurance I e absolute a  mortgagor covenant after default to make further assurance for the absolute  sure make c holt Ch I say the further assurance must be absolute because the  estate be to be absolute but this shall not oblige he to release his equity of  redemption and he say a warranty be not to be insert in such further assurance  shower move to quash a indictment the caption be ad session tent per  adjournament not say when they begin nor whence adjourn say non all for this  be the common form and well enough holt Ch I say if a executor plead diverse  judgement and there be a default in one this nought for the whole a judgement  bind the executor because of the good but do not bind the good there be some  case that a executor may plead a judgement upon a debt by simple contract in  his own time against a debt upon a bind but I never take that to be law
Atkings versus gardener pasch James the plaintiff be precedent of the college  of physician in London bring a action of debt against the defendant for  practice physic upon the charter make to they by h that none shall practice  physic in London nor within seven mile thereof except such as be authorize by  they and give they authority to impose fine upon such as shall practice physic  which charter be confirm by Act of parliament in h and he obtain in judgement  upon the statute to recover a sum for himself and the college and before  execution the precedent die and whether the successor shall have execution and  e I be cite and diverse other book to that purpose assurance
atkins administrator OF basset v expense Intr Trin Geo two rot prac Reg S C  cost on a nonsuit against a administrator Vid Lamley v Nichols ante p and case  there cite Worfield v Worfield latch Foley trover bring by a administrator  where the trover be in the intestate time and the conversion in the  administrator and the plaintiff be nonsuit at the assize the question be  whether the plaintiff shall pay cost on a non cook c p suit cur incline to  think that if the action may have be bring by the administrator in his own  right he shall pay cost but not otherwise send advisari and the postea be  order to stay afterward in the same term the court order the plaintiff shall  pay cost for that the action may have be bring in his own right
atkins against gage Huntingdon sacred scripture a writ of deceit upon recovery  in dower for default of summons be abate because Edward cook c date at castrum  Norwici now where it be a judicial writ it ought to have be date there where  the common bench be Noy er p resolve by the court clear although that the word  of the writ of deceit be interim earth that in manus our men capias ita quod  neuter the dawn shades of dead to put at c yet the sheriff can remove the  party out of possession but he ought only to make a general seizure see  Bracton that the summoner that appear to be examine shall not have any charge  by the course of the court but the plaintiff at his peril ought to procure  they and to bear their charge
atkins against jay ac etian bill in c b allow in b r after assignment of it  for error error on a judgement in c b car against the defendant for a escape  out of his custody he be sheriff in which case the first process be allege to  be a original writ quare enclosed space to break in pieces which be affirm to  be sue out for recovery of a debt by judgement and on a return of the say  process nothing to have per quod attachiari to be able a capias be award ad  respondend the plaintiff in plea predict ac etian ad respondend the plaintiff  in plea debit super demand secundum experience cur de banc and that on this  process the defendant in the say action be permit to go at large by which the  plaintiff have lose his debt after verdict and judgement in the common plea  and error bring here the matter of the process ac etian annex to the say  capias be object but allow by the court to be good and the judgement be affirm  by the whole court
atkins against noun slander in action upon the case quod falsely wickedly sin  felon ei to place upon quandan billam indict scribe fecit essential point haec  falsehood means sequent videlicet c wile except in arrest of judgement in that  the wickedly be not add to the latter part of the preferment of the indictment  send non allocatur but wickedly be in the beginning go to the whole sequel  although one part do not depend on the other as here it do judgement for the  plaintiff nisi
atkins against tailor hilary geo action of debt bring on a bind condition for  a bailiff good behaviour inter alian for his pay money collect for the sheriff  use defendant obtain a rule to show cause why he shall not have leave to bring  money into court on the common rule as to the sum collect and to plead  performance as to the rest of the condition the rule be discharge as contrary  to the course of the court prime for defendant Skinner for plaintiff barn er p
atkins and other plaintiff DARFORD and other defendant a account decree and  for the plaintiff to make a new lease with the same covenant as in the old the  plaintiff have a patent from king Charles for year sole print all lawbook make  a lease thereof to the defendant for year at the rend of pound per annum and  now exhibit his bill for the arrear of rend for or year which be not pay the  defendant to avoid this lease say they be put to pound charge in suit at law  and in parliament and at the councilboard with the company of stationer and  other of which the plaintiff promise to bear a four part which if he will  perform the defendant will pay all arrear of the rend and one of they offer to  pay the whole himself so as he may have the sole interest of print such book  and the lease renew to he thereupon the court decree a account and on payment  of what shall appear to be due to the plaintiff they shall seal a new lease  for the remainder of the term in the former lease and with the same covenant c
atkins April Ordo Curi the right honourable the Lord high chancellor of great  Britain take notice that answer and plead take by commission in the country be  frequent return without be sign by the defendant swear such answer or plead by  mean whereof it may be very difficult to convict any defendant of perjury who  shall have be guilty thereof in such answer or plea and that it be now the  constant practice for defendant who swear their answer or plead before a  master of this court to sign the same at the time of take such answer or plead  his lordship do therefore order that from and after the first day of Trinity  term next all answer and plead as well those which shall be take by commission  as those which shall be take before any master of this court be sign by the  party swear such answer or plead in the presence of the master or of the  commissioner before who the same shall be take respective and that all party  concern may take notice hereof and act accord it be further order that this  order be enter with the register and copy thereof set up and affix in the  public office of the six clerk and register of this court
atkins atkins case ex part king August the that see baker v grey Ch d mill v  Jennings Ch d SC in h l sub nom Jennings v jordan App Cas the case of pope v  Onslow vern very imperfect and not to be cite for the future till it have be  compare with the register it be say by Mr Ord it be determine in the case of  pope v Onslow vern where a have two mortgage upon different independent estate  of the mortgagor one a deficient security and the other more than sufficient  that the mortgagor shall not redeem the last without make good the deficiency  of the other security Lord chancellor say he be not satisfy that this be the  establish rule of the court and upon look into the case above find it very  imperfect and therefore declare he will not have it cite for the future till  it have be compare with the entryin the register office and say far he be very  apt to believe that the tenement be parcel of and hold of the manor of dale  and that be the reason Lord Cowper so determine the editor have not be able to  meet with this case in the register book but see Purefoy v Purefoy vern  Shuttleworth v Laywick ibidem Mergrave v Le hook vern Bromley v Hammond  Charles can
atkins case anon between the seal after Hilary term a bill depend six year in  chancery not sufficient to take a debt out of the statute of limitation Lord  Hardwicke say that a bill though depend in chancery almost six year be not  allow to be such a demand as to take a debt out of the statute of limitation  and sir Joseph Jekyll in a case before he at the roll declare himself to be of  the same opinion Craddock v marsh Charles Rep Hurdret v Calladon ibidem anon  Charles can lake v hay ante vol Sturt v Mellish post contra anon vern
atkins case anon December plea and demurrer a plea to bill bring to set aside  a will for fraud and for appoint a receiver allow as to the first part and  disallow as to the latter this court can set aside a will for fraud for the  due execution of it be triable at law only a bill be bring to set aside a will  for fraud on suggestion the testator be incapable of make it by be perpetual  in liquor and particular when he execute the will and likewise for a receiver  to be appoint the defendant plead the will be duly execute and that it ought  to prevail till upon a issue at law it shall be find to be otherwise and that  as he be in possession under the will a receiver ought not to be appoint till  the validity of the will be determine Lord chancellor the plea must be allow  for you can in this court set aside a will for fraud Bennet v vade atk but as  to a receiver I must disallow it for I will not tie up the hand of the court  if in the progress of the cause it shall be necessary to appoint a receiver  vide knight v duplessis Ves atkins er p
atkins case anon December the saint the person of foreigner subject to the  authority of this court only while in England but though their person be out  of the reach of this court yet the property they have here in the fund be  under the control of it a foreigner in the king of Prussia service apply to  the court to compel his wife now reside at danzig to deliver up his child one  of and another of year of age to be educate by he as have a natural right to  the care of they a bill be bring some year ago by the wife who have then be  separate from her husband a considerable time to have a allowance out of stock  here in England belong to her for the maintenance of the child which be decree  accord Lord chancellor I have no power over the person of foreigner any long  than while they be in England for then they owe a local obedience but as they  be now in foreign country my authority will not reach they but though I can  come at their person yet I may lie my hand upon any property they have here in  stock c but as a sum of money have be already order out of a fund belong to  the petitioner wife for the maintenance of her child I can make any alteration  in that order while the child continue under her custody for it be give mere  upon their account and not the mother
atkins case anon February first seal after Hilary term where a attachment have  issue against a person and the sheriff take a bailbond for his appearance and  deliver it to the plaintiff the court will discharge a rule make upon the  sheriff to show cause why he do not bring in the body for the plaintiff be not  without remedy as he may move on a to take in hand corpus return for a  messenger to the county where the person life vide anon vern anon p W  Wilkinson v Belsher bro Charles Rep a attachment issue against a person out of  this court and the sheriff have the body in custody and take a bailbond for  his appearance which he deliver to the plaintiff who move at a former sea that  the sheriff may bring in the body and the court make a rule upon he to show  cause why he do not bring in the body the counsel for the sheriff show for  cause that he have deliver over the bailbond to the plaintiff and have not the  custody of the body now Lord Hardwicke allow the cause show by the sheriff and  discharge the rule for the plaintiff be not without remedy as he may have a  messenger into the county where the person life which be now a motion of  course upon a to take in hand corpus return though former the court allow  messenger to those particular jurisdiction only where the sheriff have the  amercement themselves but the rule now be to send a messenger into every  county general without any restriction
atkins case anon February the that where there be a trust or any thing in  nature of a trust notwithstanding the ecclesiastical court have a original  jurisdiction in legacy yet this court will grant a injunction where the  husband of a infant institute a suit in the ecclesiastical court for her  legacy upon the executor bring a bill and suggest this matter to the court a  injunction will be continue to the hear a bill bring for a injunction to stay  a suit in the ecclesiastical court for a legacy because that court can make a  legatee refund in case of a deficiency of asset and this be the day for show  cause why the injunction shall not be dissolve the counsel for the plaintiff  rely on the case of knight v clark cite in the case of Noel v Robinson vern  where Lord chancellor say there be a difference between a suit for a legacy in  the spiritual court and in this court if in the spiritual court they will  compel a executor to pay a legacy without security to refund there shall go a  prohibition Lord chancellor continue the injunction till the hear because the  plaintiff be a executor in trust only for where there be a trust or any thing  in the nature of a trust notwithstanding the ecclesiastical court have a  original jurisdiction in legacy yet this court will grant a injunction trust  be only proper for the cognizance of this court the rule in this court now be  vary since the case in Vernon report for legatee be not oblige to give  security to refund upon a deficiency of asset his lordship mention a case  where a woman a infant be entitle to a legacy upon her marry the husband  institute a suit in the ecclesiastical court for it which he may do but upon  the executor bring a bill and suggest this matter to the court a injunction be  continue till the hear of the cause see hill v turner post post vol Prec  Charles and the same order be make in the present case atkins see prefatory  note atkins er p
atkins case anon July length of time plead in bar to a redemption of a  mortgage be make in the mortgagors solicitor appear to have settle a account  in in order to pay off the mortgage Lord Hardwicke hold that will save the  right of redemption vide aggas v Pickeril post atk length of time be insist on  by the defendant as a bar to the redemption of a mortgage seek by the  plaintiff bill it be as long ago as the year Lord chancellor I own I be not  for encourage redemption of mortgage of very long stand but then the court  must not wink so hard as not to allow of it in any case here there be a  pretence of coverture which be no excuse because if a woman become afterward  discovert the statute of limitation will run from that time and though she  shall marry again it will run after the second marriage the next excuse be  that here be a tenancy by the courtesy but there will be no bind to a  redemption if this be a excuse and no mortgagee can ever be quiet in the  possession for it be of no consequence to the mortgagee who have the equity of  redemption if they do not make use of that right they shall be bar but though  the mortgage be in in the present case yet no long ago than the clerk to the  solicitor for the mortgagor have actual settle a account of what be due for  principal and interest in order to pay off the mortgage and though no further  proceed have be have yet that shall save the right of redemption but however I  will not overrule the plea entire but reserve it the hear
atkins case anon June a master report of what be due to a mortgagee for  principal interest and cost be confirm nisi and by the register minute at a  subsequent seal in the same cause take down order absolute but never enter on  the register refuse to do it a application for a order de to make new in the  year upon a bill of foreclosure it be refer to a master to take a account of  what be due to the mortgagee for principal interest and cost and the to  interest at four and a half per cent but if ha be make with a re atkins er p  master report be confirm nisi and by the register minute at a subsequent seal  in the same cause it be take down order absolute but never enter the register  refuse to enter it now and the application be to the court for a order de to  make new Lord chancellor to enter a order nunc pro tunc be a motion of course  where the party entitle to the order come recent but I apprehend after a  length of time there ought to be notice of such motion and what be pray now go  still far but as it will be very hard at this distance to open a foreclosure I  will give the other side a opportunity of inquire in the office to see if they  can make out the minute in the register book to relate to some other matter in  the cause and not the to foreclosure in the court of law for instance in the  common plea where a recovery have not be enter upon record if it appear by the  minute in the prothonotarys book that it be suffer at bar the court ill order  it to be enter but then it must be with a proviso that it do not prejudice any  subsequent purchaser the same in the case of a old judgement they will order  it to be enter up but so as not to affect a subsequent creditor and therefore  if in the present case it shall appear on further search that it be the order  nisi which be make absolute for confirm the master report I shall then direct  accord to the prayer of the petition
atkins case anon June the court will not make a order upon a master to admit  deposition take in a former cause between the same party to be read as it be  put party to a unnecessary expense the proper course be to take exception a  account be now depend in the cause before a master the plaintiff offer to read  as evidence before the master the deposition in a former cause wherein the  plaintiff and the defendant be party which he refuse to admit unless a order  of the court be obtain for that purpose Mr Evans move now for such order but  Lord chancellor deny it because he will not put person to unnecessary expense  by such application and say the reason why you can read such evidence at the  hear without a order be that every cause before the court be a entire proceed  and determine for the most part in one day so that unless you have a previous  order it be a fatal exception but before a master party go on de die in diem  and he have a opportunity of judge whether he ought to admit the deposition to  be read or if the master shall be mistake you man that take exception and  therefore there be no occasion for the court to make a order in it
atkins case anon may the saint SC ante the court will not appoint a receiver  of a infant estate where there be no bill file Lord chancellor 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 have be only file there may have  be a application for this purpose on behalf of the infant ex part WhiIfield  post vol
atkins case anonymous December the three seal after Michaelmas term the court  will not on motion supersede a writ of replevin unless there be a fraudulent  use make of it after a writ have once issue here it be de duty and this court  have nothing further to do in it the attorney general move to supersede a writ  of replevin sue out of this court in the sheriff court at Bristol there be a  condemnation of a ship upon a foreign attachment the person who be the owner  of the ship sue out a writ of replevin against the plaintiff below it be move  now on his behalf that it may be supersede Lord chancellor the writ of  replevin be of course and be not of grace but of right atkins er p and unless  there be a fraudulent use make of it it will be of dangerous consequence for I  to supersede it upon a interlocutory motion only you shall have plead that you  have property in the ship and then the plaintiff in the replevin must have  take out a writ de quality to make good vide Reg short catalog a and b and the  whole affair will have be regular hear in the court at Westminster for after  the writ have once issue here it be de duty and this court have nothing  further to do in it there be something of the same nature before Lord  Macclesfield in the case of ware v the duke of Buckingham upon seizure of a  large quantity of alum when his lordship cite all the old learning upon  original writ and point out this method of proceed to Mr ware by plead  property
atkins case aston versus aston the three seal after Hilary term a jointress  have her own part of a marriage settlement in her custody and come to the  possession of the husband as his executor order to be produce before the clerk  in court but will not upon motion direct it to be deliver up it be the very  end of the bill a motion be make on behalf of Harvey Aston against lady Aston  to deliver up one part of a marriage settlement she admit she have two and  that in the settlement Harvey astons wife be in the remainder she have her own  part in her own custody and come into the possession of her husband as his  executor and endorse with his hand this be my part of the settlement Lord  chancellor I will order it to be produce before the clerk in court but can  upon motion direct it to be deliver up because this be the very end of the  bill it be like the case of a purchaser who if he deny notice need only set  forth the purchase deed but may p Ed his purchase in bar to the discovery of  the title deed for a purchaser may subsequent to his purchase have find oh a  defect in his title and if he shall produce title deed they may make use of  they to overturn his title at law there be no occasion to offer to confirm her  title to the jointure vide chamberlain v Knapp atk for they both claim under  the same deed and because it must appear what their title be before it can be  confirm but that will not extend to a precedent title deed where the person  have a precedent estatetail a jointress ought to produce her jointure deed and  a purchaser his purchase deed that it may be see whether the land they claim  be comprise in their deed
atkins case at the second seal after Trinity term the master to who it be  refer report the proceed under a commission for examination of witness  irregular on exception the court think they regular and allow the exception  and the party who succeed have his cost of the application Lord Hardwicke  discharge the order for cost because the plaintiff be not a vexatious proceed  but in the master opinion well find and the rule be never to give cost but  where no just ground appear for the proceed Mr solicitor general move to  discharge a order for cost on the follow case there have be a reference by the  direction of the court to a master to inquire into the regularity of proceed  under a commission for examination of witness and the master report they  irregular exception be take to the master report and the court think the  proceed regular allow the exception and the party that succeed have his cost  of the application I think this analogous to the case where exception be take  Lord chancellor to a defendant answer for insufficiency and the master report  it insufficient and upon exception the court be of opinion it be sufficient  the party succeed in this application shall not have the cost of it but it  shall wait the event of the cause and for this reason because the plaintiff do  not appear to be a proceed mere vexatious but in the opinion of the master  well find and the rule of the court be never to give cost but where there  appear to have be no just ground for the proceed but though I be of opinion to  discharge the present order yet I think on a special motion and state  particular circumstance in the case the court may give cost though the master  have report it in favour of the other party his lordship discharge the order  here for cost
atkins case Atkinson versus turner at the roll June SC barn Charles Rep a  testator give a part of his stock in trade to b t provide he attain he die  before that age the administrator of b t be not entitle to the intermediate  profit from the testator to the infant death see heath v very post vol I give  two three of three eight of my joint stock and trade to my grandson Richard  turner provide he shall attain his full age of year but if he die before then  remainder over to the plaintiff Richard turner die before the question be if  the administrator of turner be entitle to the intermediate profit from the  death of the testator to the death of the infant the master of the roll the  whole turn upon this whether this be such a interest as vest during the  minority of Richard turner or whether it be suspend during his minority and  divest upon his die before consider it upon the word of the will I own I think  it a very strong case as a condition precedent and that the estate can not  vest till the infant attain the age of nothing be more frequent than a future  interest in a chattel and there be no instance where the court strain to make  it a vest one till the future time come in be the only difference in the  present case be that this legacy be not proper money but the partnership and  the profit of a trade the more general a rule be make the better and it be  very dangerous to run into nicety to distinguish any particular case from a  general rule as it must necessary breed uncertainty and confusion atkins er p
atkins case baxter versus wilson the same day you must make a decree complete  against a defendant though he have make a default before you can petition for  a rehear though a defendant in a cause have make default you must  notwithstanding make a decree complete and absolute against he before you can  petition for a rehear and serve he with notice of the order for a rehear be  not sufficient but though the chancellor for this defect dismiss the petition  for rehear without any prejudice to any new petition in case the party shall  be advice to it after the decree be perfect yet he will not order the deposit  to be divide among the party who appear before he on the present petition  because there be nothing do upon it one way or other the deposit be order to  be pay back Reg lib a fol atkins er p
atkins case Berkeley freeman versus bishop April the that SC barn Charles Rep  report more full in this case the Lord chancellor lie down the follow rule  that a heir of or year of age if a dealer in horse or other tradesman impose  upon he by sell at extravagant prince in numberless instance shall be relieve  in this court otherwise if in a single instance only this court in relieve a  heir against fraud do not consider whether the estate in expectance come to he  as heir to his father and by descent or from any other relation but the rule  which direct in this case be the necessity that young heir be in for the most  part which natural lie they open to imposition of this kind see brook v galley  ante where a extravagant price be charge for good sell and a mortgage be take  to secure it the heir may be relieve so far as it stand as a security for the  unjust gain but after it be determine upon a quantum to deserve what be the  real worth of the good the mortgage will still be bind upon the heir for so  much as be find by the verdict
atkins case Bicknell versus gough August when fraud be charge the defendant  can plead the statute of limitation to the discovery of his title but must  answer to the fraud vide Deloraine v brown bro Charles be a bill be bring for  a discovery of the defendant title charge fraud in the defendant and pray to  be let into possession of the estate the defendant plead the statute of  limitation both to the discovery and relief Lord chancellor I be of opinion  the defendant can plead the statute of limitation to the discovery but must  answer to the fraud and that as the defendant have plead it it be in the  nature of a demurrer for the defendant not aver any fact to which the  plaintiff may reply but rest it on fact of the plaintiff own show if I be to  allow the plea the plaintiff can not take exception to the answer and  therefore overrule the plea
atkins case BIGGLESTON versus grub July see Kirk v Eddowes hare pound give in  a testator lifetime be a satisfaction for the same sum leave in his will irod  v burst Freem hale v Acton Charles Rep Hoskins v Hoskins pre Charles hartop v  Whitmore Prec p W S c Jenkins v Powel vern Scotton v Scotton stram Farnham v  Phillips post tapper v Chalcroft post on the general doctrine of satisfaction  see Bellasis v uthwat ante vol n a bill dismiss with cost for refuse a fair  offer of accommodation a bill be bring for a legacy of pound by a husband in  the right of his wife give her under the willof her father notwithstanding he  have in the father lifetime receive pound as a portion parole evidence be  admit to show the father give the pound to the husband in full of what he  intend his daughter under his will see Rosewell v Bennet post vol where a  plaintiff be absurd enough to refuse a fair offer of accommodation and  obstinate persist in his suit it be a aggravation and the bill shall be  dismiss with cost and his lordship decree accord
atkins case bill versus kinaston November a devisee for life of good must sign  a inventory to be deposit with the master for the benefit of all party Lord  chancellor say that where good be give to a person for life only the old rule  of the court be that such person shall give security that they shall not be  imbeziled Bracken v Bentley Charles Rep but the method now be for a inventory  to be sign by the devisee for life and to be deposit with the master for the  benefit of all party Reg lib a fol see also leek v Bennett ante vol bro  Charles Rep
atkins case birch versus sir lyster holt February where there be a motion to  put a milldam into the same situation it be in before it be cut down the court  will not grant it while the right be unheard and undetermined but will put it  in the most expeditious way of be try Lord chancellor I have know number of  application to this court in the nature of a injunction or rather for leave to  reerect a nuisance and to put a milldam as in this case into the same  situation it be in before it be cut down but as this be pray by the present  motion while the right be unheard and undetermined the court have as constant  deny the motion as it come before they and all that they have do be to put it  in the most expeditious way of be try anon Ves weller v Smeaton bro Charles  Rep see Lord Teynham v Herbert atk the case rely on by the plaintiff counsel  be arthington versus Fawks et all vern his lordship to accelerate the  determination of the right direct the defendant to bring a action of trespass  and every thing to be admit on both side necessary for try the mere right
atkins case bishop versus church and other Dec see Middleton v Pollock ex part  Nugee lr Eq Beresford v Browning lr Eq Kinnaird v Trollope Ch d SC Ves b a  residuary legatee and survive executrix of her husband to who c and bad give a  joint bind c die and the plaintiff be indebt on her own private account to who  be a bankrupt the bill bring against his assignee for a injunction and to set  off what be become due to her as executrix against the debt from herself to  the bankrupt injunction deny for as such a set off can not be do at law there  be no instance of its be allow here for the debt be due in different right and  Geo do not comprehend it a motion be make for a injunction upon the follow  case the plaintiff be the residuary legatee and survive executrix of her  husband to who church and one Owen have give a joint bind for payment of a sum  of money church one of the obligors die and the plaintiff be indebt upon her  own private account to Owen who be become a bankrupt the plaintiff bill  therefore be bring against his assignee for a injunction and to set off what  be due to her as executrix c against the debt due from herself to the bankrupt  Lord chancellor deny the injunction and as to the setoff say that it be admit  this can not be do at law nor do he know of any like instance here the debt be  due in different right the act of parliament of Geo c sect do not comprehend  this case nor be it within Geo for prevent the commit of fraud by bankrupt for  here be no mutual credit between the party and this matter have be determine  the second of April ex part hope if this court be to go into inquiry of this  sort a account must be take of the testator whole estate till it be see if  there be a surplus so as thereout to make a setoff another consequence will  arise it be often doubtful whether executor can take a residue which may draw  on infinite expense if it shall be allow of in the like instance
atkins case brown and other versus martin and Heathcote may SC ante vol the  same defendant who make default in another cause make default again at the  hear of a supplemental one where the bill be bring by new assignee in a  commission of bankruptcy choose since the decree in the first cause the prayer  of this bill pray only that these defendant may show cause and not that they  may show cause why the former decree shall not be make absolute which it ought  to have do the court only order that the plaintiff be at liberty to serve the  defendant with a subpoena to show cause against the former decree there be a  decree nisi in another cause against Martin and Heathcote who make default the  plaintiff there be assignee under a commission of bankruptcy against Roger  William after the decree new assignee be choose who bring a supplemental bill  in the nature of a bill of revivor at the hear the same defendant make default  again the question be whether the plaintiff the new assignee can have any  other decree but that the defendant make default may show cause why the order  shall not be make absolute for carry the former decree into execution which  decree be only unless cause Lord chancellor this occasion great delay and  expense but the question be whether the plaintiff in the supplemental bill  have pray any more than that the defendant make default shall show cause they  shall have pray that the defendant at the same time may show cause why the  former decree shall not be make absolute N B the prayer of the subpoena be so  but not the prayer of the bill upon further consideration the chancellor make  this order let the former decree be revive vide anon ante atk and let the  plaintiff in the present cause stand in the place of the former to all intent  and purpose and be at liberty to serve the defendant Martin and Heathcote with  a subpoena to show cause against the former decree atkins er p
atkins case butler versus RASHFIELD August if there be a sequestration nisi  for want of a answer against a member of parliament and he put in a answer  before the order be make absolute and exception be take to the answer the  court will enlarge the time for show cause till it appear whether the answer  be sufficient Mr Evans show cause why a order nisi for a sequestration for  want of a answer from a member of the house of Commons shall not be make  absolute the cause show be a answer come in but it be insist on the part of  the plaintiff as exception be take that it be no answer and therefore the  order ought to be make absolute Mr Evans e contra cite Lord Clifford case p  wms where it be lie down by sir Joseph Jekyll that if there be a sequestration  nisi against a peer for want of a answer and the peer put in a answer which be  insufficient yet the order for sequestration shall not be absolute but a new  sequestration nisi and at the same time Mr Goldsborough who be then the  register say this be the course of the court Lord chancellor if there be a  sequestration nisi for want of a answer against a member of parliament and be  put in a answer before the order be make absolute and exception be take to  this answer the court will enlarge the time for show cause till it shall  appear whether the answer be sufficient or not Mr Goldsborough who say it be  the stand rule of the court there shall be a new sequestration nisi in this  case be a very good officer but yet I shall think what I have mention be the  proper medium but his lordship at present allow the cause as it be the course  of the court
atkins case chamberlain v knapp Hilary term February that land devise to be  sell for payment of debt bill bring by a creditor of testator against his  widow to discover her title to land in her possession she plead a settlement  and jointure and offer to discover if plaintiff will confirm it but neither  set out the date nor land contain in the settlement the plea overrule for she  ought to have set forth both these matter a will have be make for the sale of  land for payment of debt the present bill be bring by a creditor against the  widow of the testator in possession of some of the land devise pray a  discovery of her title she plead that by a deed of settlement she have a  jointure of all the land lie in a town call and that she be Willing to make a  discovery if plaintiff will confirm her jointure not otherwise see Lord  Portsmouth v lady Effingham Ves leech v Trollop Ves senhouse v earl Ves ford v  peer Ves junr the plea do not set out either the date of the deed or the  particular parcel of the land contain in it Lord chancellor hold the plea bad  for both these reason and that a purchaser for a valuable consideration will  be bind to set forth those two matter plea overrule
atkins case champion v pickax may the that a devise several leasehold estate  to two trustee in trust if his grandaughter marry without their consent to  convey the premise to two other trustee in trust for her separate use during  her life and after her death for the use and benefit of her issue though she  have no child by the first husband she have only a right for her life for the  issue by any husband be provide for by this settlement Henry pierce by his  will devise several leasehold estate to two trustee in trust to assign they to  his grandaughter mary Pigott at her age of year or marriage if she marry with  the consent of they or the survivor of they but if she marry without such  consent then they be to convey the premise to two other trustee and their heir  in trust for the sole use and benefit of the say mary Piggott exclu sive of  any power and control of her husband for and during the term of her natural  life and after her decease for the use and benefit of her issue she marry  without the consent of the trustee and they in pursuance of the power in the  will convey the premise to two other trustee in trust for her during her  natural life and after her decease for the use and benefit of all and every  her child and child her first husband die and have no issue by her she marry  the present plaintiff and they bring their bill against the defendant who be  the survive executor of the survive trustee to have he join in a sale of the  trust estate suggest that the atkins er p intent of the will be for provide  for the issue by the first husband only and he die without issue she have now  a absolute right and title to the premise it be decree she have only a right  for her life for she may have issue by any husband who be provide for by the  settlement and will take by purchase the bill dismiss
atkins case Conyers and other plaintiff Lord Abergavenny and other defendant  November the that a bill of peace pray a injunction to stay the defendant who  have a interest in the minor of Tunbridge from proceed at law against the  plaintiff for building house on the manor without leave and that they may  accept of such a compen sation as the court shall think reasonable a motion by  the plaintiff for a injunction to stay the proceed of the defendant at law  till the hear of the cause in this court upon a suggestion that this be a bill  of peace and always favour in equity for the principal prayer of it be that  the defendant who have only a small interest in that part of the manor of  Tunbridge which be in dispute may accept of such a compensation as this court  shall think reasonable for that house the plaintiff have build upon the waste  Lord chancellor I do not see how this court can assume such a power in e t hey  have a right of be apply to as a arbitrator or have a legislative authority  lodge in they neither of which belong to they for they act only in a judicial  capacity the proper bill of peace be a former one bring by the tenant of this  manor for such a bill may aswell be bring by tenant against a lord as by a  lord against tenant see the mayor of York v Pilkington ante Lord Teynham v  Herbert post vol note but that bill be dismiss upon the suggestion of this  very plaintiff Mr Conyers himself that they ought regular to proceed at law  and therefore thither let he go and not apply improper for relief in that  court which he have absolute insist have no power of relieve this come very  near the case of election for he have choose to proceed at law and therefore  let he seek his remedy there his lordship for these reason order the  injunction to stand dissolve
atkins case creswick v creswick January the that where a defendant in a cross  bill but plaintiff in the original be in contempt for not put in a answer the  proper motion be to enlarge publication in the original to a fortnight after  the answer be come in to the cross bill it be in this case lie down by Lord  chancellor as a general rule that where the defendant in a cross bill who be  plaintiff in the original be in contempt for not put in a answer to the cross  bill it be irregular to move to stay proceed in the original cause till such  answer come in but the plaintiff in the cross bill may have publication in the  original enlarge to a fortnight after the answer to his bill be come in  Ramkissenseat v Barker ante aylet v easy Ves
atkins case dawson v dawson Michaelmas term where a defendant set forth a  state account it be a bar to a general one till particular error be assign it  be not sufficient to maintain a state account to allege there have be a  dividend make between the party Lord chancellor where a bill be bring for a  general account and the defendant set forth a state one the plaintiff must  amend his bill for the state account be prima fancy a bar till particular  error be assign to the state account to support a state account it be not  sufficient to say that there have be a dividend which imply a account state  for a dividend may be make upon a supposition that the estate will amount to  so much but still subject to a account that may be take afterward see sumner v  Thorpe post vol Willis v Jernegan ibidem Burk v brown ibidem hankey v Simpson  post vol in a bill to open a settle account particular or specific error must  be show tailor v Haylin bro Charles Rep Johnson v Curtis bro Charles Rep as to  the length of time permit by the court to bar the open of account see post vol  and note
atkins case DINELEY versus DINELEY August a demurrer will lie to a bill bring  to discover whether there be such a person or where he be in order only to  make he a party the bill be bring to establish the will of sir John Dineley  and seek a discovery of the defendant whether she have any son now live by the  late sir John Dineley the defendant demurrer for that she be a competent  witness for he to examine at law note for that the defendant for any thing  that appear to the contrary by the bill be a competent witness and ought to be  examine as such touch the several matter of which the discovery be seek by the  bill demurrer allow Reg lib a fol see Wych v meal p W note I plummer v may Ves  Lord chancellor you can bring a bill here to discover whether there be such a  person or where he be in order only to make he a party to a suit in this court  and therefore the demurrer must be allow
atkins case ex part baudier December the d separate creditor may come in under  a joint commission and prove their debt but where there be two person who have  be partner and yet the commission be take out against they as separate trader  there creditor upon the joint estate can prove their debt under each  commission a separate commission take out against each of two person who have  trade in partnership which be dissolve before their bankruptcy the joint  creditor petition to be admit to prove their joint debt under each of their  commission Lord chancellor where there be a joint commission take out against  partner separate creditor may come in under such a commission and prove their  debt and joint creditor shall be satisfy out of the joint estate and separate  creditor out of the separate estate because the assignment in that case be of  the whole estate ex part Sandon ante but where there be two person who have be  partner and yet the commission be take out against they as separate trader  there creditor upon the joint estate can be admit to prove their joint debt  under each commission for they have a equitable right in case there shall be  any surplus of the estate of the two bankrupt after the separate creditor be  satisfy see ex part Oldknow cook b law but it seem now to be settle that joint  creditor may prove under separate commission and receive a dividend in  proportion with the separate creditor ex part Haydon cook b law bro Charles  Rep S c ex part Copeland cook b law ex part Hodgson bro Charles Rep ex part  page ibidem ex part Flintum ibidem nor do I think it proper to appoint a  receiver on behalf of the joint creditor to get in the joint effect of the  bankrupt but they must proceed in the common course by like out a joint  commission atkins er p
atkins case ex part DORVILLIERS August the that see the two precede case  though a person choose himself assignee he may elect to proceed at law or  under the commission a application by the petitioner the bankrupt pray that  Moses Moravia who have bring a action against he and also prove a debt of  pound and upward under the commission may make his election to continue under  the commission or proceed at law Moravia alone be the majority in value of the  creditor choose himself assignee Lord chancellor be doubIful whether the  circumstance of choose himself be not make a election to proceed under the  commission but on his elect in court to proceed at law his lordship make a  order that Moravia shall be discharge as a creditor under the commission but  still allow to assent or dissent to the bankrupt certificate atkins er p
atkins case ex part gaiter December the d on supersede a commission the court  may either direct a enquiry before a master of the damage sustain by the  bankrupt or a quantum injure upon a issue at law and after damage be settle  may for the better recovery thereof order the bind give by petition creditor  to be assign to the bankrupt Mr gaiter be the petition creditor in a  commission of bankruptcy against a but not be able to prove a a bankrupt at  the time the commission issue it be supersede and on a former day of petition  Lord chancellor upon the application of a make a order for assign the bind to  a give by the petition creditor to his lordship at the time of sue out the  commission the present application be to discharge that order or at least to  suspend any action upon the bind till the damage sustain by a be inquire into  the consideration of the plaintiff debt on which he sue out the commission be  of a very extraordinary nature per cent be charge for money pretend to be  advance and fifteen guinea for a premium and other exorbitancy Lord chancellor  say it be in the breast of the court where the bankruptcy be a doubIful case  and the commission supersede either to direct a inquiry before a master of the  damage sustain by the bankrupt or a quantum injure upon a issue at law and  after the damage be settle the court may atkins for the better recovery  thereof order such bind to be assign but the present case be attend with such  flagrant circumstance that he will not by a previous enquiry into the damage  sustain by a prevent he from seek a immediate satisfaction and therefore  dismiss the petition see chapman v Pickersgill will brown v chapman burr black  S c atkins er p
atkins case ex part grier October the that a bankrupt be not entitle to his  allowance till he have have his certificate the petitioner ruth grier the  widow and administratrix of John grier against who a commission of bankruptcy  have be award pray that the assignee of the estate and effect of the bankrupt  may be order to pay unto the petitioner the sum of pound be the remainder of  the pound per cent unreceived which the petitioner insist John grier the  bankrupt be entitle to as his allowance in respect to the sum of pound recover  in from his estate or that she may have such other allowance as he be entitle  unto at his death atkins Lord chancellor I be of opinion on the construction  of the clause in the act of parliament make in the five year of the present  king that though grier the bank rupt do surrender and conform yet that he be  not entitle to the allowance give to bankrupt unless he have have his  certificate for if the creditor shall consent to give it he before it will be  of no service as they may take it from he again the next moment for it will be  liable in his hand to satisfy any creditor till he be entire clear by the  certificate his lordship therefore order the petition to be dismiss atkins er  p
atkins case ex part Gumbleton November a motion be make on behalf of a woman  who be a quaker and life mile from hence for a writ of supplicavit the doubt  in this case arise from the word of the statute of W whether a quaker may be  admit to give evidence upon her affirmation so as to exhibit article of the  peace against her husband and if it be not in nature of a criminal prosecution  and not grantable but upon oath of the person Lord chancellor take a few day  to search for case of this kind and upon look into they say I find a great  variety and that affirmation have be general atkins er p refuse I have be  likewise inquire of the judge for precedent in point there be one report in  salk Hilton v biron W b r but this be a book of no authority the note however  I have of it I believe be authentic this be in the case of article of the  peace and the court hold that it be a criminal matter they can not grant a  attachment unless the person will consent to be swear for if the party  complain of be not in court there be a attachment go for a breach of the peace  upon the oath of the complainant the other case be in the that year of the  late king ex part green on the motion of the present chief justice of the  common plea upon the affirmation of the person who move for the supplicavit  and the court grant the motion but as there be authority both way I will not  take upon I to determine it but shall refer it to the judge and the expense to  come out of the person pocket who move for the supplicavit but as I have  instance in my hand where person who call themselves quaker upon their  affirmation be refuse have bring their conscience to digest a oath perhaps mrs  Gumbleton as she go in danger of her life may dispense with the strict rule of  her sect and may be persuade to swear likewise if not I will consult with the  judge upon it
atkins case ex part hellier April the execution of a second will be a  revocation of the first and the cancel the second afterward do not set up the  first again contra Goodright on the they of glazier v glazier burr there be a  question in a cause before sir George lee as judge of the prerogative court  whether the execution of a second will be a revocation of the first though the  second be afterward cancel and whether such cancel set up the first will again  sir George lee give sentence that it be a revocation and that the cancel the  second do not set up the first a petition be prefer to Lord chancellor on the  part of the principal defendant in that cause for a full commission of  delegate and also a cross petition pray that the commission may issue to judge  of the commonlaw and civilian only Lord chancellor it be in the discretion of  this court whether they will grant a commission of delegate to judge of the  commonlaw and civilian or to they and the lord spiritual and temporal I have  grant a full commission where the jurisdiction of bishop be in controversy or  any question be depend that concern the canon and ecclesiastical law the  principal intention in grant full commission be where legal and ecclesiastical  matter come in question and in order to balance the objection of a partiality  to one law more than to the other and to obviate this the judge in both are  appoint the present matter be upon the point of a will and altogether a  question of law and therefore I shall dismiss the petition of the party  appellate and accord to the prayer of the cross petition direct a commission  of delegate to judge and civilian
atkins case ex part johnson August a infant on who a trust be descend may  under a order of this court convey by a common recovery Mr Thompson a devisor  be a trustee devise all his estate to his son a infant in tail with remainder  over atkins er p a petition be prefer that the infant on who the trust be  descend may be order to convey by recovery pursuant to the statute of and c  Lord chancellor at first think there must be a application for a privy seal  for this purpose ex part bow S atk but the act be general that the infant  shall convey land as the court by order shall direct his lordship in this case  make a order that the infant shall convey by a common recovery Reg lib a fol  ex part smith Amb so a infant mortgagee or trustee who be a feme covert may  convey by fine ex part Maire atk Com
atkins case ex part lews August the that a petition creditor have not the same  election as a common creditor for if he be to elect to proceed at law it will  supersede the commission Lord chancellor a petition creditor can keep the  bankrupt in gaol because he have no election as a common creditor have for if  he be to elect to proceed at law the commission must of course be supersede  which will affect those creditor who have prove debt under the commission ex  part ware ante atkins er p
atkins case ex part marshal and other in the matter of garway bankruptcy march  the that part of SC ante not S p a extent of the crown be take out against a  surety of a bankrupt who pay the debt after dispute it some time and be put to  a expense thereby he shall notwithstanding he dispute the payment of a just  debt be admit to prove the expense of such suit under the commission against  the principal Hatton be surety in a bind with Garway to answer particular debt  Garway become a bankrupt and a extent of the crown be take out against Hatton  who pay the debt after dispute it for some time and be put to a expense  thereby Hatton be since dead and his representative apply now to be admit  creditor under garway commission and to prove the expense he be put to in the  dispute with the crown the counsel for the assignee oppose it and insist that  notwithstanding as between debtor and creditor the latter be entitle to have  complete satisfaction against the surety as well as the principal there be no  rule that if a surety dispute a just debt and occasion a expense by that mean  that he shall charge the estate of the principal with the expense of such a  suit Lord chancellor I know of no such distinction and it will be a very hard  case here as the fail of Garway be in all probability the sole occasion of the  difficulty that Hatton be under and make he incapable of pay the demand of the  crown and as a extent be both a action and execution in the first instance  Hatton in his situation can not be suppose prepare to pay it immediate and  therefore no pretence to say his representative shall be preclude from prove  the expense Hatton be put to in the suit with the crown
atkins case ex part more April the court under the stat of and may order a  infant the heir of a mortgagee in fee and who be likewise a feme covert to  levy a fine under the general word that person under age shall convey and  assure so lombe v lombe barn vide ex part Johnson atk a petition be prefer  pray that a infant the heir of a mortgagee in fee who be likewise a feme  covert may convey by fine under the statute of and c the master report it to  be necessary Lord chancellor say this question come before he soon after he  have the seal and that he consult with Lord chief baron comens who think the  court may order a infant that be a feme covert to levy a fine for the act be  general that all person under age shall convey and assure and that as a feme  covert of full age can not assure but by fine the court may direct a infant to  convey in the same manner in the present case vide Lord chief baron Comynss  Rep in the present case there be only a affidavit of service on the husband  which his lordship aid not think sufficient but direct it to stand over till  the next day that counsel may consent to the prayer of the petition for the  husband and the next day he make a order accord to the prayer of the petition
atkins case ex part Sandon march the that commissioner have no power of admit  separate creditor to prove debt under a joint commission without the sanction  of the court a petition on behalf of creditor upon the separate estate of two  partner against who a joint commission be now depend to be admit to prove  their separate debt under the joint commission Lord chancellor make a order  accord upon their bear a proportion of the expense accord to the value of the  two estate commissioner he say have not a power of do this without the  sanction of the court see ex part crowder vern ex part cook p W horsey case p  W gross v Du fresnoy Davies Twiss v Massey ante ex part baudier post in the  matter of Simpson post
atkins case ex part smith march the saint if a whole petition be recite in a  affidavit of service the court will make the attorney who draw it pay the cost  out of his own pocket in a affidavit of service upon the assignee who be  petition against to be displace in order to swell up the expense the whole  petition verbatim be recite in the affidavit atkins er p Lord chancellor I by  no mean like this practice and it be what atorneys in the country be very apt  to fall into but if they make a custom of it I shall for the future order the  cost of the affidavit to come out of their own pocket
atkins case fix part rook the power of this court over justice of peace be  confine mere to the put they in commission and can punish they for  malbehaviour which be the province of the king bench only Lord Hardwicke say  the power of the court of chancery as to justice of the peace extend only to  the put they in commission but after they be once in the commission of the  peace this court have no right to punish they for any malbehaviour the only  redress be to move the court of king bench for a information and afterward the  complainant may apply to this court to turn they out of the commission and his  lordship therefore dismiss the petition atkins er p
atkins case fox v fox Michaelmas term SC Eq Cas Abr pl a mortgage his estate  to b who pay no money but give a bind for pound a afterward make b his  executor the debt not extinguish in equity a mortgage his estate to the  defendant who pay no money in consideration of the mortgage but give a a bind  for pound a afterward make the defendant his executor the heir of a bring his  bill to have the real estate exonerate consider this bind as asset in the hand  of the defendant Lord chancellor notwithstanding at commonlaw the make a  obligor executor extinguish his debt yet in this case the bind shall be  consider as asset in the hand of the defendant the executor and apply after  the payment of funeral expense and legacy to the exoneration of the real  estate in favour of the heir Reg lib a fol see Hudson v Hudson ante
atkins case Godolphin versus Abingdon October a man can by any form of  conveyance whatsoever raise a feesimple to his own right heir by the name of  heir as a purchase so as to prevent the reversion from be asset to satisfy the  son debt see Kynaston v clark post where say Lord chancellor a limitation be  to a for life to his wife for life to trustee to preserve contingent remainder  to the first and every other son in tail remainder to his own right heir it  will be absurd to say that by a conveyance of land or by use or by devise the  last limitation shall make the right heir purchaser and by that mean prevent  the reversion from be asset to satisfy the son debt for accord to the doctrine  lie down in the case of Counden and clerk Hobart the limitation to the right  heir will be but a reversion and will vest also in the son for it be a  positive rule that a man can raise a feesimple to his own right heir by the  name of heir as a purchase by any form of conveyance whatsoever the same case  be report in more but the point be wrong state
atkins case Goodier v lake in Michaelmas vacation where a original note be  lose and a copy of it be offer in evidence you must show the original note be  genuine before you will be allow to read the copy where a original note of  hand be lose and a copy of it be offer in evidence to serve any particular  purpose in a cause you must show sufficient probability to satisfy the court  that the original note be genuine before you win be allow to read the copy
atkins case grey versus cockeril Causepetitions January SC barn Charles a  clerk in court who lend money to the solicitor be not entitle thereby to  detain a client paper as a pledge a clerk in court be lend a solicitor money  to carry on a cause shall never entitle the clerk in court to detain the paper  of the client as a pledge or mortgage for the money so advance to the  solicitor but he shall deliver they up to the party and get his money from the  solicitor the best way he can vide farewell v Coker p W anon Ves tailor v  Lewis post vol Jackson v butler post atkins er p
atkins case Hamond and other assignee of Myers a bankrupt versus Myers and  murray Feb at the roll the assignee under a commission of bankruptcy bring a  bill to set aside a assignment of a annuity from the bankrupt to m as be make  for no consideration and as a evidence of the fraud offer to read the  examination of m s attorney take before the commissioner the court will not  admit it unless he have be examine in chief in the cause m have by his answer  set up a different right to the annuity than what he have do in his  examination before the commissioner the court allow the latter to be read to  show the uncertainty the bill be bring against the defendant Murray to set  aside a fraudulent assignment of a annuity from Myers to Murray as be make for  no consideration and subsequent to a act of bankruptcy atkins er p the  plaintiff counsel offer to read the examination of boson the defendant Murray  attorney take before the commissioner who act in the commission against Myers  as a evidence of the fraud and of a act of bankruptcy by Myers previous to the  assignment of the annuity to Murray master of the roll I can allow the  examination of boson to be read to affect the interest of a three person and  be of opinion the plaintiff can not be entitle to this evidence unless boson  have be examine in chief in the cause but his honour permit the plaintiff to  read the examination of the defendant Murray take before the commissioner  because the answer have set up a different right to the annuity from what he  have before insist on in his examination the examination may in such a case be  read to show the contrariety and inconsistence between the answer of the  defendant Murray and his examination take before the commissioner
atkins case hankey versus Simpson march in the paper of plea and demurrer  where a bill not only impeach a account but charge the plaintiff have no  counterpart if the defendant plead a state account he must annex it to his  answer Lord chancellor where a bill be bring to impeach a account and the  defendant plead a state account it S not necessary in every case that the  account shall be annex by way of schedule to the answer for the plea be  sufficient in case it be a fair account between the party but in the present  case the bill not only impeach the account but charge the plaintiff have no  counterpart of the account and pray it may be set forth the defendant plead a  state account without annex it to his answer so that if there be error upon  the face of it the plaintiff can have no opportunity of point they out and for  this reason he order the defendant plea to stand for a answer with liberty to  except see Dawson v Dawson atk
atkins case harding versus Cox November a plaintiff by a false suggestion that  the cause be at issue only when it be in the chancellor paper for hear obtain  a order at the roll for liberty to amend his bill the order discharge and the  cause put off till next term on pay the cost of the day that the plaintiff may  have a opportunity of amend his bill the cause be in Lord chancellor paper for  hear the plaintiff petition the master of the roll that he may be at liberty  to amend his bill by add a prayer upon a suggestion that the cause be at issue  only and that the prayer be in the original bill but omit by negligence in the  amend and it be order accord the defendant move at the open of this cause to  discharge this order as be obtain upon a wrong suggestion Lord chancellor I  can take no notice of the original bill for though it be still upon the file  it be not proper before the court and therefore the order must be discharge as  be irregular obtain with twenty shilling cost and his lordship put off the  cause till next term that upon pay the cost of the day the plaintiff may have  a opportunity of amend his bill
atkins case Harrison versus Harrison February consider Davis v bank of England  bing more where a trustee of stock or annuity take upon he to transfer it be a  breach of trust and the beneficiary and trust in this court will be entitle to  a election either to have the individual stock or annuity restore to he which  stand in the name of the trustee or else to have the money it produce when it  be sell by the trustee see Bostock v Blakeney bro Charles Rep wait v whorwood  post earl powlet v Herbert Ves jun
atkins case herring v yoe February the that a husband tenant for life  remainder to his wife for life he bring a bill alone for the opinion of the  court upon the settlement objection for want of make the wife a party allow a  marriage settlement have be make of certain land on the husband for life  remainder to the wife for life with diverse remainder over the present bill be  bring by the husband in order to have the opinion of the court whether a  certain parcel of land be not intend to be include in that settlement there be  a objection take at the hear of the cause that the wife be not make a party  Lord chancellor allow the objection for he say if the court shall be of  opinion against the husband such decree will not bind the wife his lordship  therefore order the cause to stand over that the wife may be make a party Reg  lib a fol
atkins case hide versus Haywood I same day before Mr justice Parker  notwithstanding a testator direct that his executor for any expense they shall  be put to shall be allow their cost out of his estate yet as there be a plain  fraud in this case in the executor the court decree cost against they a  testator in this case direct that his executor for any expense they shall be  at shall be allow their cost out of his estate and therefore if there have be  only a error in judgement I shall have be of opinion that they shall not have  pay cost nay even if there have be no provision for it in the will Humphrey v  more ante but where there be a plain fraud in executor as there be in this  case for though pound be offer for the goodwill of a house part of the  testator estate the executor refuse the person unless he will promise to  employ they in the way of their trade as wine merchant I will decree cost  against they for this be a diminish of the estate and notwithstanding the  testator direction that their cost shall come out of the estate he can never  mean to save they harmless where they have be guilty of a fraud Reg lib a fol  vide Wilkins vHunt post atkins er p
atkins case Huggins versus the yorkbuilding company July SC barn c r SC vin SC  Eq ab pl SC post Semb a plea of a bill for the same matter overrule where the  last be bring in a different right a administrator of a judgement creditor  bring the original bill and die the executor of the administrator bring a bill  of revivor which be think to be wrong and thereupon another bill of revivor be  bring by the same plaintiff have first take administration de good non c to  the judgement creditor the defendant plead the bill be for the same matter and  upon this it be refer to a master to examine whether it be so who make a  special report that the last bill of revivor be bring by the plaintiff in a  different right from what the former be but do not say it be or be not for the  same matter Lord chancellor overrule the plea because it appear that the bill  be bring by a person in a different right but the plaintiff be not entitle to  cost upon such dismission because the master report be special and not general  his lordship also lie it down that a plea may be good for part and overrule  for part but a demurrer must be good for the whole or void for the whole earl  of Suffolk v green ante vol Harrison v Southcote ante vol
atkins case HUMPHRYS versus more December though executor be not to pay cost  yet they shall not be allow a because they be suppose to reimburse themselves  by the credit they take in the account keep by they per curian executor and  administrator who be bring before the court for a account of asset though they  be not to pay cost yet they shall not be allow any because they be suppose to  reimburse themselves any charge or expense they may have be at in the account  of a testator or intestate estate which be always keep by executor or  administrator vide Eq ab note Twisleton v Thelwell hard Sandys v Watson ante  hide v Haywood post Wilkins v hunt post Burgundy v Morse post Johnson v peck  Ves post Vol S c
atkins case in the matter of heli a lunatic march where the lunacy of a person  be in question the court will make a provisional order as to his effect till  the point of the lunacy be determine a application be make by the heir at law  for restitution of good take by ken and pain innkeeper belong to a lunatic and  that care may be take of his estate Lord chancellor one part of the chancellor  power in relation to idiot and lunatic be by virtue of a sign manual of the  king upon his come to the great seal and countersign by the two secretary of  state empower he to take care of such person in the right of the crown and to  make grant from time to time of the idiot or lunatic estate the bailiff and  burgess of the corporation of Burford atk the question be whether a person can  traverse a inquisition of lunacy without bring the lunatic in not common with  others mask before the court and whether the court will interpose by make any  provisional order for the care and custody of the estate till the lunacy be  final determine in fitzherbert nat short catalog under title de idiota  inquirendo examinand it be atkins er p lie down that though a man be find a  idiot by inquisition take before the sheriff and by their examination c and  that be return into the chancery yet he who be so find idiot may in person or  by his friend come into chancery before the chancellor c and show the matter  and pray that he may be examine before the chancellor whether he be idiot or  not ld if upon examination he be find no idiot then the inquisition find  before the sheriff and also the examination which the sheriff have make and  return thereupon shall be of no effect but the same office shall be take as  void without any other traverse the same hold as to a inquisition of lunacy  though the consequence be different Lord Hardwicke make a provisional order of  the lunatic effect and that ken shall produce Mr hely next day for the  inspection of the court
atkins case in the matter of thomas hogan a lunatic August see in re Gregg lr  Eq Bourke v Davis Ch d affidavit take before a person who be a solicitor in  the cause can be read the petition dismiss and the cost direct to come out of  the solicitor pocket who take the affidavit the petitioner have take all the  affidavit before himself notwithstanding he have be solicitor throughout the  cause Lord chancellor if I have know this at the time I will not have suffer  the affidavit to have be read at commonlaw it be always object to and  discountenance and equal so in equity from the inconvenience that will arise  if such a practice be suffer for this and other reason the petition be dismiss  with cost to come out of the pocket of the solicitor who thus very improper  take the affidavit
atkins case johnson v brown November where the defendant deny all the equity  of a bill and the plaintiff bring the cause to a hear on bill and answer only  in order to get off with S cost the court on dismiss the bill upon the merit  give cost to be tax a bill be bring for a account by a creditor of a bankrupt  against the assignee the assignee put in a answer deny all the equity of the  bill and the plaintiff bring the cause to a bear on bill and answer only Lord  Hardwicke upon the merit dismiss the bill with cost to be tax for he say the  plaintiff in this case avoid reply in hope of save cost and that he will not  encourage a practice which be do mere to get off with forty shilling cost for  if a motion have be make to dismiss the bill for want of prosecution the  plaintiff know the defendant will have be entitle to full cost vide atk
atkins case jones versus Coxeter August Reg lib a fol see Andrews v barn Ch d  cost in equity be discretionary and give to the time of the decree at law only  sending fiat hurt and wait till the final judgement Lord chancellor the give  of cost in equity be entire discretionary Eq ab atk and be not at all  conformable to the rule at law and in this court they give cost to the time of  the decree but at law only sending flat hurt and therefore they do not from  time to time direct cost but wait till there be a final judgement here be a  suggestion to the court that the poverty of the person will not allow her to  carry on the cause unless the court will direct the defendant to pay something  to the plaintiff in the mean time therefore accord to the prayer of the  petition let the master tax the cost decree to be pay by the defendant to the  plaintiff and when it be so tax let they be pay to her to empower her to go on  with the cause
atkins case July to a bill bring against a arbitrator seek a discovery of the  ground on which he make his award he plead in bar that he be not oblige to set  they forth the court think it unreasonable he shall be put to so much trouble  and expense and allow the plea the bill be bring to set aside a award and the  arbitrator be make a party and seek a discovery from he of the ground and  foundation upon which he make the award and to set it forth minutely in his  answer the arbitrator plead in bar to so much as seek so particular a  discovery that he be not oblige to set forth minutely the ground and  foundation upon which he make his award Lord chancellor unless there be  corruption orpartiality in a arbitrator the party can set aside his award  Metcalfe v Ives atk Tittenson v Peat ante atk and if it shall be allow to make  arbitrator defendant and give they all this trouble to set forth the  particular reason upon which they find their award it will introduce very  great inconvenience and be a discouragement to any person to undertake a  reference if there be any palpable mistake make by atkins er p a arbitrator or  miscalculation in a account Ridout v pain ante Ves I S c that have be lie  before he the party aggrieve may bring his bill against the party in who  favour the award be make to have it rectify and not against the arbitrator his  lordship say he do not know whether there be any establish rule of the court  with regard to arbitrator set forth the reason of their award and how far they  be oblige to discover and how far not but if there be none he shall not  scruple to make one because it will be unreasonable to put a arbitrator to so  much trouble and expense as such a answer must necessary give they Lord  Hardwicke allow the plea
atkins case kemp versus mackrell August SC Ves on the circumstance of this  case though the plaintiff die before the cost be tax yet the defendant may  revive for those cost vide blower v Morrets atk a crossbill have be dismiss  with cost but before the cost be tax or ascertain the plaintiff die the  question be whether the defendant can revive or there can be any method of  proceed in respect of these cost the general rule be that cost become void cum  mask and it be say there be nothing to distinguish this out of it nor do the  case fall within any of the exception to the rule Lord chancellor upon the  general rule as lie down there can be no revivor otherwise if the cost have be  tax I always hold this to be a hard rule and a very nice distinction the right  to cost be the same before taxation as after only the quantum have not be  ascertain this I think be one of the case where the court ought to dispense  with the strict rule where there be a particular fund to answer the cost the  court will direct they to be pay out of that fund the cause be hear on the  original and crossbill at the same time and the decree in the original bill  give the defendant his cost out of the surplus the crossbill be a defence and  always consider so and therefore but one cause the court have give the  defendant his cost in the original bill can any thing be more natural than to  deduct the cost he be to pay on account of the crossbill out of what he be to  receive on account of cost upon the original bill I be of opinion the tax of  the cost in the crossbill ought to have be stay till the master have take the  account in the original and it be see what be due to the defendant in that  cause and that both be so connect together they can be consider but as one  only and therefore the exception to the master report for not allow the  defendant in the crossbill to revive for the cost against the plaintiff who be  dead ought to be allow
atkins case KEMYS versus RUSCOMB July where a judgement be still stand out and  no satisfaction enter this court will not mere on a presumption from length of  time decree it to be satisfy a bill be bring against the representative of a  judgement creditor for enter satisfaction as it be of year stand and presume  to be pay from the length of time his lordship dismiss the bill with cost for  where a judgement be still stand out and there be no satisfaction enter upon  record this court will not mere upon the presumption from length of time  decree it to be satisfy especial when the statute for the amendment of the law  Ann c S allow you to plead payment at law as it be a old judgement
atkins case Lacon versus Lacon August though a original be file at law yet if  there have be no proceed upon it for six year it will not prevent the statute  of limitation from run the plaintiff testator as be insist by the bill be  employ by sir Edward Leighton in his lifetime as his attorney and by lady  Leighton his executrix since and seek a discovery whether there be not now in  her hand bill of fee deliver by the plaintiff father as a attorney both to sir  John Leighton and herself and whether one of they do not promise to pay and  whether a original be not file against her for the debt the defendant plead  the statute of limitation that no action have accrue within six year before  the fill of this bill nor have she within that time make any promise to pay  neither do she know there be any original file but believe it to be a mere  fiction this circumstance of seek a discovery whether a original be not file  do not appear in the register book Reg lib b fol master of the roll William  fortescue Esq the plea must be allow because the affidavit of the original be  file be set out in general term without mention in what court and upon the  former hear Lord chancellor be of the same opinion and say beside that suppose  a original be file at law if there have be no proceed upon it for six year it  will not prevent the statute from run on the demand
atkins case lady coddrington versus England April SC Barnard Chanc Rep where a  plaintiff on a bill to perpetuate the testimony of witness have examine and  thereby have the fruit of herbill neither herself nor the defendant be entitle  to cost when a multiplicity of action have be bring where the custom may have  be try in one it be such a vexation that the plaintiff shall halve the cost  both in law and equity a issue have be direct in this court to try a custom  set up by the plaintiff who be a landholder in a parish in Gloucestershire  whether she have a right of enclose exclusive of all right of common in the  householder which be try at Gloucester at the last summer assize and a verdict  find for the custom it come now before this court upon the equity reserve as  to cost against the defendant in this court if this have be bare a bill to  perpetuate the testimony of the witness to the custom and the plaintiff have  go to the examination of her witness and have have the fruit of her bill I  shall not have think either the plaintiff or the defendant entitle to cost in  this court but the plaintiff in this case be under a necessity of come into  this court for relief against the vexation of the defendant who have bring a  multiplicity of action no less than eight four at one time and four at another  when the custom may have be try at once and in one action I must decree  therefore that the custom find by the verdict be establish and that the  plaintiff be quiet in the enjoyment and possession of her enclosure and that  the defendant do pay the plaintiff her cost both in law and equity Reg lib a  fol atkins er p
atkins case LINGOOD v eaden march that ex part Lingood post part of S c  abscond to avoid a attachment upon a award for nondelivery of good pursuant to  the award be not a act of bankruptcy within the stat of James c but it must be  a depart from the dwell house to avoid the payment of a just debt and not the  delivery of good for that be a duty only a motion be this day make on behalf  of Lingood for a new trial on a suggestion that the bankruptcy be find entire  upon the evidence of Vaughan a attorney who give a quite contrary testimony  from what he have do on a former trial in the court of common plea Lord  chancellor Lord chief justice lee have inform I that the evidence of Lingoods  bankruptcy be very strong and do not depend on Mr Vaughan only and that the  jury find he a bankrupt without go from the bar and as I be through satisfy  with the account she chief justice have give I I shall deny the motion upon a  former trial before Lord chief justice will where the bankruptcy of Lingood  come in question he be of opinion that a person abscond to avoid a attachment  upon a award for nondelivery of good pursuant to the award be not a act of  bankruptcy because it be not within the word of the statute of James ch which  make it a act of bankruptcy in a person to keep out of the way or depart from  his dwellinghouse in order to avoid the payment of a just and true debt only  and not the delivery of good for that be a duty only and Lord chancellor  declare that he think the determination of Lord chief justice will a very  right one and that he be very well warrant by the word of the statute in the  distinction he make between abscond to avoid a debt and abscond to avoid a  duty only
atkins case Lowther versus Carlton February S c ante S c can tempt Talb a  purchaser with notice himself from a person who buy without notice may shelter  himself under the first purchase Lord chancellor this be a bill bring to  impeach a purchase make year ago the defendant be a purchaser with notice from  the marquis of wharton who buy without notice atkins er p it be certain the  rule of this court that a man who be a purchaser with notice himself from a  person who buy without notice may shelter himself under the first purchaser or  otherwise it will very much clog the sale of estate Harrison v forth Prec  Charles Brandlyn v Ord ante vol sweet v Southcote bro Charles Rep Mertins v  Jolliffe Amb vide Le neve v Le neve post vol if a counsel or attorney be  employ to look over a title and by some other transaction foreign to the  business in hand have notice this shall not affect the purchaser for if this  be not the rule of the court it will be of dangerous consequence as it will be  a objection against the most able counsel because of course they will be more  likely than other of less eminence to have notice as they be engage in a great  number of affair of this kind Worsley v the earl of Scarborough post vol
atkins case lucas versus crying Euhan August a give his wife the whole surplus  of his personal estate but if she marry again then she be to deliver up half  to his brother and his heir a bill bring to discover whether she be marry she  demurrer to the discovery as it will subject her to a forfeiture this be a  conditional limitation over of a estate she must show she have perform the  condition and the demurrer be overrule a by his will give to the defendant his  wife the whole surplus but if she shall marry again then that she shall quit  and deliver up half of thesurplus of his personal estate to the plaintiff the  testator brother and his heir and that he shall call her to a account for the  same the bill be bring in the present case for a account of the moiety and for  a discovery whether the defendant be marry again the defendant demurrer to the  discovery as not be oblige to discover what will subject her to a forfeiture  the defendant counsel cite Monins v Monins Ch Rep and chancy v Tahourdin  before Lord Hardwicke Tr atk Lord chancellor the case of chancy v Tahourdin be  express a forfeiture of the atkins er p whole portion and there the testator  be a father who be bind by nature to provide for a child but consider this  case where the testator give a wife the whole surplus of his personal estate  if she do not marry again but if she do he limit over one moiety to his own  brother and direct that she shall account for it to he then consider the  provision that he be make for every branch of his family it be within the rule  and distinction in former case where it be a conditional limitation over of a  estate there the person must show that they have perform the condition and can  demurrer to a bill for a discovery of it the demurrer be overrule chancy v  Fenhoulet Ves butler v Allington atk
atkins case lucas versus seal October where one executor be indebt to the  testator by mortgage if the coexecutors be apprehensive he be insolvent they  shall bring a bill against he for sale of the estate to pray a foreclosure  will be improper Lord chancellor say in this case where there be several  executor and one of they be indebt to the testator for which he have give a  security by way of mortgage upon his estate if the coexecutors be apprehensive  that he be insolvent and that the estate may prove a deficient security bring  a bill against he to foreclose be improper because the testator have make he a  executor give he a interest in the mortgage the other executor shall have  bring a bill for sale of the estate Reg lib b fol atkins er p
atkins case lunatic petition August vagrant only and not person of rank be  within the act that empower justice of peace to take care of lunatic a  commission of lunacy keep back for several year without put it in execution be  a contempt of the court and will be discharge with cost the act of parliament  that empower justice of peace to take care of lunatic upon complaint make to  they of any outrage commit relate to vagrant lunatic only who be stroll up and  down the country and do not extend to person who be of rank and condition in  the world and who relation can take care of they proper by apply to this court  as be usual in case of lunacy see stat Geo c S a person keep a commission of  lunacy by he for several year without ever put it in execution be of very  dangerous consequence as it may be make a improper use of in many respect  particular to terrify and distress the person against who it issue and  therefore for these reason and it be likewise a contempt of the court the  commission be discharge with cost and the petition also
atkins case Mackworth versus briggs exception may a bill refer for  impertinence the master report it pertinent the defendant except general  without specify the part of the bill which be impertinent the objection as be  irregular be overrule for though take in so general a manner the party may go  upon it without point out particular passage a bill be refer to the master for  impertinence he report it pertinent the defendant take a general exception to  this part of the report without specify the particular part of the bill which  be impertinent it be object that the exception be irregular for this reason  and contrary to the course of the court because the original bill be sheet and  the amend bill the court must necessary consider the whole as the exception be  so general the chancellor overrule the objection and say notwithstanding the  exception be take in so general a manner the party may go upon it without  point out particular passage suppose for instance from the that to the that  sheet shall be entire impertinent how can they have the benefit of their  exception unless they have couch it in such general term
atkins case Mackworth versus CLIFTON at the roll July the statute of  limitation may be plead to the debt but not to the discovery when the debt be  due the statute of limitation can be plead to the discovery when the debt be  due though it may to the debt itself because by the defendant set forth when  the debt commence it will appear to the court whether the six year be incur  accord to the statute
atkins case marshal versus blow November the wife be not bar of her  paraphernalia by a devise of the use of all household good furniture plate  jewel linen c for life a devise from a husband to the wife of the use of all  household good furniture plate jewel linen c for life or widowhood afterward  to child and grandchild Lord chancellor this do not bar the wife of her  paraphernalia vide Snelson v Corbet post vol Graham v Londonderry post vol she  may likewise by this devise use the good in her own or any other person house  alone or promiscuous with other good or may let they out to hire
atkins case melt v hutchinson all the roll SC Eq can ab n I c by will devise  the produce of pound S S stock to f c for life and give he a power to dispose  of pound thereof by any write sign in the presence of three witness and if f c  make no appointment the pound be devise over to a charity f c make his will  give several legacy and then devise the residue of his personal estate among  his near relation hold to be no execution of the power and that the pound do  not pass by the devise of the residue parole evidence not allow to prove f c s  intent to dispose of the pound John cutler by his will devise the income and  produce of pound Southsea stock to freeman cutler for life and give he a power  to dispose of pound thereof by any write sign in the presence of three  credible witness and in case freeman cutler make no such appointment he devise  the over to a charity freeman cutler make his will and thereby give several  legacy and then devise the rest and residue of his personal estate among his  near relation the question be whether this pound pass by that devise of the  residue and be a good execution of the power atkins parole evidence be offer  to prove it be the intent of freeman cutler that the pound shall be dispose of  by his will but be not allow the master of the roll though he acknowledge a  man may execute a power or appointment without particular recite it yet here  he hold this be not a execution of the power but the pound must go over accord  to the will of the first testator Andrews v Emmot bro Charles Rep see also  Probert v Clifford ante
atkins case merson versus Blackmore July at the roll a testator give to James  merson all his land tenement and message whatsoever after debt and legacy pay  and funeral expense be discharge the debt be charge only contingent on the  real if the personal estate shall be deficient the master of the roll hold the  plaintiff have only a estate for life vide note to Ridout v pain post vol the  question arise upon the will of one John more all his land tenement and  message whatsoever after debt and legacy pay and funeral expense be discharge  the testator give to his brotherinlaw James merson the plaintiff the question  whether this be a devise in fee to the plaintiff or only a estate for life  brown for the plaintiff cite the case of freak versus lee lev and sir the  Jones the will set out too with general word as to all my worldly good  whatsoever I intend to dispose of as follow which show the testator intention  to dispose of the whole the legacy too be appoint to be pay in two month which  amount to more than the annual value of the estate devise and consequent must  be a devise in fee or otherwise the plaintiff will be a loser instead of  receive any benefit from this legacy Mr Harvey for the defendant the heir at  law cite cro dickens versus martial mention by Lord Ch just holt in coal  versus Rollinson salk master of the roll where a gross sum be to be pay out of  the land to be sure it give a fee to the devisee of those land vide do v  Richard term Rep Goodright v Stocker term Rep but here the debt be not at all  event charge upon the real estate but only contingent if the personal estate  shall be deficient and therefore do not come up to the case cite of a gross  sum to be pay out of land and consequent give no more than a estate for life  to the plaintiff the devisee but at the instance of the plaintiff counsel  reserve this point till it come back upon the master report atkins er p
atkins case Michaux versus grove July the protestant next of kin be only  entitle to the profit in case of descent for in case of a purchase or grant by  a papist they be void by the stat of two pound W the bill be bring by a  protestant next of kin to have a account of a rentcharge settle on the  defendant upon marriage suggest she be a papist on a demurrer to the relief  pray by the bill Lord chancellor say in the statute of two pound W c entitle a  act for the prevent the growth of popery there be two clause in the four  section the first part respect descent the second respect purchase it have be  settle that the protestant next of kin be only entitle to the profit in case  of descent for in the case of a purchase or grant by a papist they be utter  void by the statute and therefore allow the demurrer Mr attorney general say  in the case of hill v Filkin wms Lord Macclesfield be of opinion that a devise  to a infant papist if he be of such a age as be capable to profess the popish  religion be a void devise for take by devise be a take by purchase roper v  Ratcliff p W p W bro p c bro p c and ed but Lord chancellor king hold if such  devisee do conform at eighteen that be sufficient
atkins case morgan v morgan Hilary term see Hicks v Sallitt de g m g Howard v  earl of Shrewsbury lr Eq wall v Stanwick Ch d where any person enter upon a  infant estate and continue the possession this court consider he as a guardian  and will decree a account and to be carry on after the infancy be determine  unless the infant after be of age waive such account Lord chancellor where any  person whether a father or a stranger enter upon the estate of a infant and  continue the possession this court will consider such person enter as a  guardian to the infant and will decree a account against he and will carry on  such account after the infancy be determine but from the inconveniency of such  long account whenever it come in proof that the infant after be of age have  waive such account this court will lie hold of any such thing to put a end to  it though indeed in the case of a father the court be not so strict as imagine  the parental authority may hinder the bring any bill or ejectment to recover  the possession
atkins case oxley v lee lee the elder lease the premise in question to one  Stevens who in consideration of the natural affection he bear his daughter the  wife of lee the young and in consideration of S pay by lee the young assign  over the lease to he this lease be after the marriage assign to a trustee in  trust for lee the young for life remainder to his wife for life remainder to  the issue of the marriage the premise be also subject to a mortgage Oxley  contract for and absolute purchase these premise for a valuable consideration  and without notice of the settlement or mortgage decree that the trustee shall  convey the legal estate to the purchaser that the settlement shall be deliver  up and that lee the young shall pay off the mortgage money Reg lib fol after  Hilary term the court will not decree a voluntary conveyance to be deliver up  to purchaser on valuable consideration unless obtain by fraud Lord chancellor  say in this cause he do not remember that this court ever decree a voluntary  conveyance to be deliver up to a purchaser upon a valuable consideration  unless it appear there be some circumstance of fraud attendant upon such  conveyance see do v Routledge Cowp walker v burrow ante a case be mention to  be determine by the late master of the roll where a voluntary conveyance be  decree to be deliver up though no circumstance of fraud appear
atkins case palmer v mason Michaelmas term a give pound to his grandaughter to  be pay at or marriage and if she die before either contingency then it be  devise over to b bill bring for interest upon the legacy and to secure the  principal as it be give over nothing vest in the granddaughter and therefore  neither entitle to interest nor to have the principal secure a specific  devisee of land shall not contribute upon a average with the heir at law  towards satisfaction of creditor Joseph palmer by will give pound to his  grandaughter to be pay at or day of marriage and if she die before either of  the contingency happen then the testator devise the legacy over to another a  bill bring for interest upon the legacy and that the principal may be secure  to the plaintiff who be a infant till the contingency happen the case of  Acherley v Vernon in wms be cite for this purpose Lord chancellor I be of  opinion as the legacy be give over that nothing vest in the grandaughter the  legatee and that she be not entitle to interest or to have the principal  secure see heath v very post vol and the case cite in the different note there  there be another point in the cause between a specific devisee of land under  the will and the heir at law of the testator whether the former shall  contribute equal with the latter in the payment of debt where the personal  estate be not sufficient Lord chancellor where there be a specific devise of  land the specific legatee shall never contribute upon a average with the heir  at law towards satisfaction of creditor while the real asset of the heir be  sufficient see Galton v Hancock post vol
atkins case paulet versus the bishop of lincoln may if at the hear a plaintiff  wave the relief he pray against a particular person the objection for want of  his be a party will have no weight on a bill for a account of fee to establish  a right you must have all person before the court who have any pretence to a  right for they will be bind by a decree here otherwise as to a judgement at  law which will not bind the right of a three person a plaintiff may at the  hear of a cause wave the relief that he pray against a particular person and  then the objection for want of make that person a party will have no weight  with it in a action at law bring for fee it be not necessary to make any  person a party but who have actual receive the fee it be otherwise in equity  where a bill be bring for a account of fee to establish a right because there  you must have all person before the court who have any pretence to a right  poor v clark post for by a decree of this court they will be bind but it be  not so as to a judgement recover at law for fee against the receiver of those  fee such judgement will not bind the right of a three person
atkins case petre versus petre may a jointress be not oblige to bring her  jointure deed into court unless the arty require will confirm it upon a  application for maintenance for a old son the court will make he a liberal  allowance to enable he to maintain his brother and sister consider he in loco  parent Lanoy v Athol atk Lord chancellor the court will not oblige a jointress  to bring in her jointure deed into court or before a master unless the require  it will confirm her jointure but will atkins er p direct her only to deliver  in a schedule of the deed and the court at their discretion may order what  shall or shall not be produce chamberlain v Knapp atk Lord Portsmouth v lady  Effingham Ves leech v Trollop Ves senhouse v earl ibidem ford v peer Ves junr  Pyncent v Pyncent post where there be a numerous family of child who be infant  upon a application for maintenance for the old son the court will make a  liberal allowance to he that he may be the better able to maintain his brother  and sister consider he in the light of the father of the family but in the  present case the old son be convey away clandestine to Douai out of the hand  of the guardian the court as he can be bring before they can make no order of  this kind but direct after lady mary petre jointure be satisfy that the  surplus rend and profit shall be lie out for the benefit of the old son
atkins case proctor versus oat February after a possession of a mortgagee for  year the court decree a redemption on the defendant submit by his answer to be  redeem a bill be bring to redeem after the possession of a mortgagee from to  the year in which the bill be file the defendant as it be a family affair  submit by his answer to be redeem notwithstanding the length of time Lord  chancellor say he see no colour for the redemption but on the defendant  submission he decree a account of what be due for principal interest and cost  and direct the plaintiff to pay the same in six month after the master report  and thereupon the defendant be to convey but in default of the plaintiff  payment as aforesaid the bill be to be dismiss without cost see aggas v  Pickerell post vol
atkins case PYNCENT versus PYNCENT August deposition refer for impertinence  the master report they impertinent on exception take to his report order to  stand over till the hear the court be doubtful whether deposition can be refer  for impertinence only the deposition of a witness in this cause be refer for  impertinence the master report they to be impertinent and the witness have  take exception Lord chancellor order it to stand over till the hear of the  cause be doubtful whether a deposition can be refer for impertinence only for  in the case of cook versus Worthington ante atk S c December and the other  case therein mention the reference be for scandal as well as impertinence  atkins er p
atkins case RAMKISSENSIET v barker and other November the that ante S c a bill  bring for a account against the representative of a east India governor who  plead that the plaintiff be a alien bear and alien infidel and can have no  suit here the plea overrule for be a mere personal demand the plaintiff may  bring in a bill in this court it come on upon the joint plead of the widow and  the son of the late Mr Barker governor of Patna in the east Indies who have in  his lifetime employ the plaintiff in private trade as his banyan or broker  they be make defendant to a bill bring against they as the representative of  Barker for a account it be plead that the plaintiff be a alien bear and a  alien infidel not of the Christian faith and upon a cross bill incapable of be  examine upon oath and therefore disqualify from sue here Lord chancellor say  as the plaintiff be a mere personal demand it be extreme clear that he may  bring a bill in this court and overrule the defendant plea without hear one  counsel of either side
atkins case read v read November the that where two separate bind be give the  same day a inquiry direct into the consideration on a suspicion of fraud Lord  Hardwicke think it a very strong suspicion of fraud in this case that two  separate bind shall be give upon the same day for different sum and one of  they just double the penalty of the other where one bind for the whole sum be  the most proper and natural method his lordship for this reason direct a  inquiry before a master into the consideration of the bind the testator devise  land to his son Thomas in tail at his age of year remainder to his other child  and direct that the rend and profit shall be receive by the mother of Thomas  until he arrive at the age of for the maintenance of all the child Thomas come  of age and have get in debt with his mother for board money lend c he at  different time give his mother bind note c for secure such debt two of these  bind be date the same day and be for secure two sum near of the same amount  but it do not appear from the register book what the penalty of these bind be  the other bind and note bear different date when this cause come on to be hear  his lordship direct a inquiry before the master into the consideration of the  several bind and note give by Thomas to his mother Reg lib b fol atkins er p
atkins case Rico versus gaultier may the court can grant a ne exeat royal  power unless the plaintiff swear positive the defendant be indebt to he in a  certain sum where a bill be bring for a account only the plaintiff swear he  believe the balance in his favour will amount to so much will entitle he to a  ne exeat royal power Mr Jones move for a ne exeat royal power against the  defendant upon this case that the plaintiff be a foreigner be draw in to give  a bind in the penalty of pound and a warrant of attorney to enter up a  judgement to the defendant for the debt of a three person and that be ignorant  of the English language he do not know what the nature of the paper be that he  have sign and the defendant soon after take out execution upon the judgement  and the sheriff appraise a quantity of leau de carme at pound only it be buy  in at that price by the defendant though the plaintiff swear by his affidavit  that he very believe it be worth pound and the bottle alone pound the bill be  bring for the pound and charge the defendant sell part only of this seizure  for pound and pray to be relieve against it as a fraud Lord chancellor  notwithstanding there be a affidavit of a person who beard the defendant say  he shall quit the kingdom on account of the plaintiff demand yet I can grant a  ne exeat royal power as the plaintiff do not swear positive the defendant be  indebt to he in a certain sum anon l atk see Mr Cox note to do case p W that  ed if the bill have be bring for a account only the plaintiff swear he very  believe the balance in his favour will amount to so much it will have be  sufficient his lordship deny the motion
atkins case RIVERSS case Michaelmas term though bastard strict be not son yet  if they have acquire that name by reputation in common parlance they be though  a person name be mistake in a devise yet if make out by averment to be the  person mean the devise to he be good a testator by his will give a equal share  of his real estate which shall be his due when the say estate shall be sell to  his two son James and Charles river Lord chancellor first question whether as  it appear that James and Charles be illegitimate child of the testator this be  such a description of their person as will entitle they to take under the will  in the case of a devise any thing that amount to a demarcation person be  sufficient and though in strictness they be not his son yet if they have  acquire that name by reputation in common parlance they be to be consider as  such see dyer a pl jenk cent SC with respect to deed see Leon pl it have be  say the testator have likewise make a mistake in their name and therefore they  can take but the law be otherwise for if a man be mistake in a devise yet if a  person be clear make out by averment to be the person mean and there can be no  other to who it may be apply the devise to he be good Pitcairne v brace finch  Rep Genes v Kemsley Freem see Baylis v the attorney general post vol the  second question be what interest in the estate devise James and Charles river  take by this will the word a equal share of my real estate must mean in equal  share share and share alike or it can be make sensible and these word can be  no further extend than to the surplus due to the testator from that estate  which be to be sell and will not reach to any other estate
atkins case Robinson v come may the that SC can tempt Talb a limitation in a  will to and his heir to the use of he and his heir in trust to pay debt and  after in trust for d and the heir of his body and in default of the heir of  the body of d remainder to c and his heir the recovery of d bar the remainder  to c as be a remainder of the trust for a remainder of a legal estate can be  bar by the recovery of a beneficiary and trust the limitation in a will be to  c and his heir to the use of he and his heir in trust to pay debt and after in  trust for d and the heir of his body and in default of heir of the body of d  remainder to c and his heir on condition he marry m d suffer a recovery and  the question be whether this recovery bar the remainder to Lord chancellor the  question depend upon this point whether the remainder to c be a remainder of a  legal estate or of a trust for a remainder of a legal estate can be bar atkins  by a recovery of beneficiary and trust so Salvin v Thornton bro Charles Rep in  note Amb S c Shapland v smith bro Charles Rep but all the remainder of the  trust be north v Champernoon Charles can vern S c p W S c carpenter v  carpenter vern Beverley v Beverley vern butler v Allington bro Charles Rep it  have be say that it be impossible for a man to be a trustee for himself but  that be not the point here for as the legal estate and use be whole in c by  virtue of the first part of the devise the remainder can be in he for that be  part of the estate he have before and unless the testator have give c the  remainder of the trust it will have result to his heir at law he have  therefore give he a interest distinct from either the legal estate or the use  which be the remainder of the trust and he have give he that on a condition  which will be entire defeat if he have take the remainder of the legal estate  by the former part of the devise and therefore his lordship decree that the  recovery of d bar the remainder to c
atkins case sir james Lowther versus stamper may the court will not grant a  injunction to stay waste in dig i till the answer be come in or the defendant  have make default in not put in his answer Mr Barlow before the answer be come  in move for a injunction to stay waste in dig i of coal upon a affidavit of  the title waste commit and a certificate of the bill file atkins er p Lord  Hardwicke deny the motion vide Whitelegg v Whitelegg bro Charles Rep because  it appear that the defendant set up a right to the inheritance of the estate  in which the i be dig and say that such injunction be never grant before the  hear unless the defendant have only a term in the estate for year or for life  and the reversion be in the plaintiff Mr Barlow compare it to the case of bill  bring by the proprietor of new invention under letter patent for a injunction  to stay other person from do anything of the same kind there on fill of the  bill the court on affidavit and certificate will grant a injunction vide  Whitchurch v hide atk his lordship say this be quite a different case from the  present bill because the right of the plaintiff there to the sole property  appear upon record but here the rule of the court be not to grant a injunction  till either the come in of the answer or the defendant make default in not put  in his answer
atkins case Smallman versus Lord archibald hamilton at the roll November Lord  l give d p a annuity for life she die in and in a bill be bring by her  representative for the arrear from to the death of p the court from the length  of time presume it to be pay and dismiss the bill with cost though it be a  rule that the statute of limitation will not run as to a legacy yet it will  not hold as to a annuity Lord Lucas by his will leave to one Dorothy potter a  annuity of pound per and for her life she die in and the plaintiff as the  representative of the Ann uitant bring a bill for the arrear of the annuity  ever since the year to the death of mrs potter master of the roll though there  be no proof on the defendant sideathat it have be pay yet the distance of time  be the strong presumption that it have be long since satisfy see standish v  Radley post the statute of limitation ought to be the rule to direct the court  in this as well as in other case though the doctrine have prevail that the  statute will not run as to a legacy yet it will not hold as to a annuity and  therefore the bill must be dismiss with cost Parker v ash vern say vide Jones  v Turberville bro Charles Rep
atkins case smith versus fellow July SC ante a freeman of London assign over  leasehold house to trustee for particular purpose reserve to himself a estate  for life where the trust be not to commence till after his decease Lord  Hardwicke hold it to be a fraud on the custom and decree it to be cancel see  Geo c S the question in the present case be whether a freeman of London by  assign over some leasehold house to trustee for particular purpose reserve to  himself a estate for life where the trust be not to commence till after his  decease have not be guilty of a fraud upon the custom of London the case cite  to prove it a fraud be city versus city lev hall versus hall vern and turner  versus Jennings vern and cotterell versus cotterell at the roll see morris v  Burroughs ante vol post heron v heron ante Lord chancellor I be of opinion  that this be a plain fraud upon the custom and therefore decree the deed of  assignment to be cancel and the defendant to account for the leasehold premise  as part of the freeman personal estate and the master likewise to take a  account of what rend and profit have accrue upon the say leasehold house since  the freeman death and to pay his debt in a course of administration and out of  the clear surplus to allow the widow chamber in the first place then the  residue to be divide into three part the first to go as the widow share the  second as the orphanage and the three as the dead man part Reg lib b fol
atkins case Standford versus marshal November see Murray v Barlee sim by deed  a father direct rend and profit of a real estate to be pay to his daughter  whether sole or covert for their separate use they join in bind for money lend  to their husband the trustee order by the court to pay the rend and profit  accord a father by deed create a trust of a real estate for the benefit of his  daughter the rend and profit to be pay they whether sole or covert for their  separate use either to their own or the hand of any person that they shall  appoint the daughter join with their husband in bind for money lend to their  husband the trustee refuse to pay the creditor bring a bill to compel he to  pay the rend and profit of the trust estate master of the roll the daughter  have a absolute power over the rend and profit and can certain assign they by  mortgage or otherwise and the court will never encourage the lock up of  property which will be the case if the daughter can not create any lie they  think proper upon their interest in the estate and therefore order the trustee  to pay the rend and profit of the trust estate to the creditor Reg lib b fol  the authority of this case be establish by those of Allen v Papworth Ves  Grigby v Cox Ves peacock v monk Ves paulet v Delaval Ves Hulme v tenant bro  Charles Rep Pybus v smith bro Charles Rep vide clerk v miller post atkins er p
atkins case stanley v Stanlev Michaelmas term where there be a term for year  of raise daughter portion Payable at a certain time and a vest interest they  shall not stay till the death of father and mother but the court will lie hold  of the slight circumstance in a settlement that show a intention to postpone  the raise they in the life of the father and mother Corbet v Maidwell vern  butler v Duncomb p W pierpoint v Lord Cheney p W reresby v Newland p W  ravenhill v Dansey p W broom v Berkeley p W Evelyn v Evelyn p W Stevens v  dethick post vol churchman v Harvey Amb Conway v Conway bro Charles Rep it be  in this case lie down by Lord chancellor as a general rule that if there be a  term for year or other estate limit to trustee for raise portion for daughter  Payable at a certain time which be become a vest interest they shall not stay  till the death of the father and mother so Gerrard v Gerrard vern p W grave v  Maddison t Jones Staniforth v Staniforth vern Saville v Saville p W Sandys v  Sandys p W Hebblethwaite v Cartwright can tempt Talb hall v carter post vol  smith v Evans Amb lion v the duke of chandos post vol unless some intention  appear to postpone it and if there do the court will always take notice of  such intention and postpone it accord and the latter case as broom v Berkeley  wms and other show the court will lie hold of very small ground that speak the  intent of the party to hinder the raise the portion in the life of the father  and mother it be declare by his lordship that the three daughter plaintiff in  the cross cause be not entitle to have either of their portion of pound or  interest or maintenance in respect thereof raise out of the reversionary term  of year during the life of their mother the above notice rule be so well  establish by authority that it seem unnecessary to state this long case from  the register book which however the reader will find in Reg lib b fol
atkins case staunton versus oldham July the court never suffer a decree to  account to be sign and enrol because it tie up their hand from relieve if  there shall have be any defect in the direction of the decree Lord chancellor  this come before I upon exception to a master report to who the cause be refer  upon a decree to account the court where there be such decree never suffer it  to be sign and enrol because it tie up their hand if there shall have be any  defect in the direction of the decree from relieve in that particular and  defect be very frequent in case of this nature and therefore the decree be  leave open in order to give party a opportunity to rehear where direction in a  decree be imperfect
atkins case tailor versus allen October a wife who be a executrix restrain  from get in the asset of a testator her husband be in the west Indies and not  amenable to the process of this court a motion be make for a injunction to  restrain the defendant from get in the asset of her testator and for a  receiver to be appoint the testator make the defendant who be a feme covert  his executrix the husband be then in England but at the death of the testator  the defendant husband be in the west Indies a affidavit be read on the part of  the plaintiff in which the deponent swear that he have hear and believe the  husband of the executrix be in for indifferent cir cumstances and not a  responsible person the defendant in her affidavit admit her husband may owe  debt to tradesman but in other respect be not in bad circumstance Lord  chancellor there be several instance where this court have interpose to  prevent a executor from get asset of a testator into his hand upon particular  circumstance and this be one of these case for the husband be in the west  Indies and not amenable to the process of this court the plaintiff can have no  remedy if the executrix shall waste the asset or refuse to pay because the  husband must be join in the action the affidavit beside on the part of the  plaintiff be very sufficient to induce this court to appoint a receiver who  may collect in the asset of the testator and who likewise may be empower to  bring action in the name of the executrix for recovery of debt due to testator  estate but then the receiver must give sufficient security to indemnify the  executrix and her husband on account of such action bring and give direction  accord Reg lib b fol see Hathornthwaite v Russell ante
atkins case the attorney general at the relation of clarke and other versus  MONTGOMERY July SC cite Ves the court lie more weight on a trial at bar from  the solemnity of it and length of examination a original motion must be make  for a new trial and the court will not answer a petition for it where the  cause come on upon the equity reserve Lord chancellor where there be two trial  and the last be at the bar this court have suffer the last to prevail and to  lie down a rule that there must be three atkins er p will be attend with great  expense what turn in favour of the last trial be the solemnity and length of  examination and the reason for direct a trial at bar be in order to that the  queen v bailiff and burgess of Bewdley p W ante vide baker v hunt post vol the  last verdict here be on further evidence which make this a strong case than  the common one where there be two trial on the same evidence and therefore I  shall not grant a new trial on that ground I do declare that for the future I  will not answer a petition for a new trial where the case come on upon the  equity reserve for I do expect a original motion to be make for that purpose  otherwise be tend to great delay there be several proceed in favour of the  will which make it reasonable to hear what the judge say to the verdict let it  stand over to that first day of rehear in the next term for that purpose
atkins case the duchess of marlborough v sir thomas wheat after Hilary term  master in chancery in report be only to state bare matter of fact Lord  chancellor lie it down in this case that master in chancery in report which be  special be not to set forth the evidence with their opinion upon it but only  to state the bare matter of fact for the judgement of the court in the same  manner as in court of law they only state the fact allow by both side in a  special verdict but never meddle with any part of the evidence on either side  atkins er p
atkins case TREBLECOCKS case march the d the writ de a human being replegiando  be a original writ and the party may sue it of right a motion to discharge a  order for supersede a writ de a human being replegiando Lord chancellor the  writ de a human being replegiando be a original writ and the party may sue it  of right and grant here on a motion or petition without show cause it be  proper returnable in the court of law and may be there declare upon and as it  be remedial the defendant against who it be sue be oblige to assign some cause  why he do not comply with the writ therefore after it be sue I do not know  that I can supersede it and if the party who sue out the writ be not entitle  to it it must be plead to below in this case it be the writ of the infant and  there be no suit about the infant here and therefore the order make to  supersede the writ must be discharge it may be otherwise if the infant be in  court by be a party to the suit here if this writ be bring by a infant against  his testamentary guardian or by a villain against his Lord I think they may  plead the special matter to the writ and defend themselves at law his lordship  grant the motion atkins er p atkins report volume report of case argue and  determine in the high court of chancery in the time of lord chancellor  Hardwicke by John tracy atkins Esq cursitor baron of the exchequer Vol two  three edition by Francis williams sander Esq
atkins case Trinity term June though contemptuous word be speak of a subpoena  and the person serve it severe beat yet as these fact be prove by the oath of  a single person only the court will not in the first instance order he to  stand commit but make a rule upon he to show cause why he shall not stand  commit Mr green move that a person may stand commit for a abuse of the process  of this court in speak contemptuous of it when a subpoena be serve upon her  Lord chancellor be of opinion at first that notice ought to have be give of  the motion before a commitment can be move for but upon Mr green suggest that  the person who have serve the subpoena have receive several blow in the face  and have be very severe beat his lordship order the affidavit to be read the  fact of the contemptuous word and likewise of the beat be prove by theoath of  a single person only his lordship think it be not sufficient to find a  commitment unless the charge have be make out by the oath of two witness but  upon ask Mr Edward the register what be the rule in these case he say he take  it to be the rule of the court that upon a motion for a commitment for  contemptuous word upon serve the process of the court the oath of two person  be necessary to prove the fact but that one be sufficient to prove a battery  upon the person bywhom the process be serve his lordship doubt whether this  difference have be take and therefore make a rule only for the person complain  against to show cause why he shall not stand commit
atkins case web versus CLAVERDEN October see Allen v MPherson h l c boyse v  Rossborough key a fraud in procure a will can be determine here but must be  decide by a trial at law where a heir at law will bring a bill to set aside a  will for insanity instead of a ejectment he shall pay cost if he fail where a  heir be bring before the court as a defendant and issue be direct to try the  fraud or insanity of the testator though he fail in overturn the will the  court will not give cost against he a bill be bring by a heir at law charge  fraud and circumvention in the defendant in obtain the will and insanity in  the testatrix Lord chancellor this court will not determine a fraud in procure  a will without direct a trial at law which be do accord Bennet v vade ante I  shall decree cost against the plaintiff for where a heir at law will bring a  bill to set aside a will forinsanity in the testator when he may have proceed  at law by ejectment this be such a vexation that if he fail in set it aside he  shall pay cost so far as relate to the controvert of the will but where a heir  be bring before the court as a defendant even though he shall insist upon the  will be be fraudulent or the testator be insane and a issue at law be direct  to try the fraud or insanity yet this court will not give cost against he  though he fail in the attempt of overturn the will but very often allow the  heir his cost bidulph v bidulph p W Humphrey v Morse ante Bernee v Eyre post  vol
atkins case whitehead and other versus THISTLETHWAIT Puckridge and other march  three seal after Hilary term in all case of commitment there must ne a  affidavit of service the plaintiff in December obtain a order that the  defendant Puckridge shall bring in his book of account paper and write before  a master pursuant to a decree in four day after notice to his clerk in court  or that a sergeant at arm shall go to bring he before the court for his  contempt on the that of January Puckeridges clerk in court be serve with  notice on the that of June he obtain a order for three week time to bring in  his book of account c on the that of February last he obtain a order for a  month more time the last order for time be expire it be move this day that a  sergeant at arm may go against the defendant the person who serve Puckeridges  clerk in court be in the country and the plaintiff not be able to procure a  affidavit of service offer as a proof of the defendant S be serve a recital in  his last order for time of notice of the plaintiff order of the that of  January and it be insist by Mr Tracy atkins for the plaintiff that Puckeridges  order be of themselves a proof he have notice for he can apply only on the  foundation of the plaintiff order but notwithstanding this as it be a motion  for take the defendant into custody the court will not grant it and say in all  case of commitment there must be a affidavit of service atkins er p
atkins case wood versus freeman April a sequestrator be not entitle to a state  fee of S d a day for his fee a exception be take by a sequestrator to a master  report because he have not allow he six shilling and eight penny a day for his  trouble Lord chancellor I do not remember that six shilling and eight penny be  a absolute state fee to all sequestrator whether the effect seize under the  sequestration be large or small and as the sequestrator in this case have not  get in pound in almost two year I think the gross sum the master have allow he  be sufficient for his trouble
atkins contra temple car f the bill be to restrain the defendant from blow up  ancient chancery report meadow and pasture ground be the plaintiff inheritance  which premise accord to the grant of they be to be use only as meadow and  pasture and not otherwise and which ground be rich and fertile little or  nothing inferior to good meadow ground for goodness of soil or yearly value to  be let and have not be blow in the Memor of man this court in respect of  generality of the case direct precedent to be produce the precedent be produce  his lordship assist with judge declare that he do find by diverse precedent  part in the time of the Lord Elesmere and other since that the blow of ancient  pasture have be restrain by decree of this court and declare that in those  case so decree it do not appear that the pasture restrain from blow be either  so ancient or so rich and fertile as in this case andhis lordship do further  declare that whereas blow of meadow by the law be waste he conceive that the  blow of ancient pasture be of equal value with meadow as no less prejudicial  either to the landlord or to the commonwealth than the blow of meadow and  therefore fit to be restrain in equity the judge be of the same opinion  chancery report and decree the defendant to forbear blow as aforesaid
atkins plaintiff against wheeler defendant in a trover and conversion the  place only where the good come to the defendant notam that in a action upon  the case upon a trover and conversion of certain good by the opinion of the  whole court clear no other place be to be express in the declaration but only  the place where the good come unto the hand of the defendant notam that in a  action upon the case ground upon a promise croak justice if in case of a  obligation a man be bind for to pay unto the obligee such a sum of money infra  breve time after the seal and deliver of the Bulstrode bind by construction of  law this shall now be pay within some convenient time after upon request make  the principal case here be that in consideration that he will forbear he per  breve time he do assume and promise for to pay he infra breve time after  easter the court be clear of opinion that this breve time here in this case by  construction of law shall be say and construe to be present for to be pay in  time convenient that be he shall be present pay upon such a promise and this  to be so by the rule of the whole court
atkins vers uton S C comb covenant by a mortgagor for further assurance shall  not oblige he to release his equity of redemption mortgagor covenant with the  mortgagee for the more absolute assurance of the land mortgage to make such  far assurance c adjudge that this covenant Lord Raymond er p do not oblige he  to release his equity of redemption but only to make such far assurance of the  land c under the same condition as in the mortgage hill will B R ex relation  mri not Lord Raymond easter term will B R
Atkinson against rise hill car rot accord in indebitatus the defendant plead  payment of part and that for I the other part the defendant assign livre owe  to he by the Lord Erwin to the plaintiff in Keble er p satisfaction which the  plaintiff agree to receive and to this the plaintiff demurrer and per curian  the plea be ill unless all party interest have agree or payment have be aver  and judgement pro plaintiff on the demurrer and a venire facias tam ad triand  exit join for part how ad to seek after de financial loss
Atkinson against tailor capias ad to answer returnable on the morrow of the  purification of the bless mary bear test d January Geo the rule make absolute  to set aside the proceed as irregular for want of day between the testae and  return without barn er p cost the court will not turn the defendant round to  his writ of error nares for defendant Davy for the plaintiff prohibition
Atkinson against Woodburn judgement in inferior court pleadable in bar or  abatement to a action in superior court ante trespass way arms in the  countypalatine court of Lancaster the defendant plead in bar a recovery for  the same trespass in a courtbaron upon which the levinz er p plaintiff  demurrer and wile chief justice of assize at Lancaster upon a adjournment to  his chamber at sergeant inn hold it pleadable in bar e a h a h bro judgement  say   a contra and   a that it be not pleadable in abatement but after  judgement be give for the plaintiff for trespass way arms lie not in inferior  court and therefore the judgement there when the action be way arms be void  and if it be not way arms in this case it be not the same trespass but he hold  ut above that levinz judgement in a inferior court may be plead in bar to a  action bring in a superior court and be also hold it pleadable in abatement  when it be for the same cause levinz for the plaintiff Weston for the  defendant
Atkinson and wilson against FREEBURROW mich geo after to take in hand corpus  return a peremptory rule be serve on the sheriff of Nottinghamshire to bring  into court the body of defendant within six day the sheriff move to discharge  say rule upon the undersheriffs affidavit swear the that day of June that  defendant be in the sheriff custody charge with a capias ad respondend at  plaintiff suit plaintiff produce a affidavit in answer to the undersheriffs  show that defendant be see at large at Newark ten mile from the county gaol at  Nottingham on April it be urge for the sheriff that defendant have now be  supersede for want of a declaration within two term the court lie the escape  and supersedeas out of the case where a sheriff take a bail bind by the rule  to bring in the body be mean perfect bail above but where a defendant remain  in custody for want of bail plaintiff must declare against he in custody of  the sheriff or if he will remove he to the fleet prison be must do it by  habeas corpus ad respondend the court never expect a sheriff to bring the  defendant body into court by virtue of the common rule vide Morse against  warren mich Geo pool for plaintiff prime for the sheriff of Nottinghamshire
Atkinson v bedel march a writ of ne exeat royal power have issue against the  defendant until answer and further order the defendant upon put in his answer  apply to discharge the writ the plaintiff oppose it upon the ground there be  other act to be do which this court must necessary direct to be do at the hear  his lordship deny the motion say though the writ be grant until answer yet it  be likewise until further order and this court will not discharge such writ in  case it appear upon the merit that there will be necessary decree thing for  the defendant to do at the hear such as to deliver deed c c to discover to  convey
Atkinson vers Atkinson plead double leave be give to plead non be factum and a  discharge by a commission of bankruptcy post Philips v wood S p but non  assumpsit and bankruptcy deny Newman v chandler fort
Atkinson vers coatsworth indentura fanctam inter a et b import a seal by both  Dany Abr p Mod SC more full upon error out of the county palatine of Durham in  a action of covenant bring by the executor of the lessee against his assignee  wherein the breach be assign in nonpayment of rend to the original lessor  Bootle object that it do not appear the first lessee ever seal the lease and  if he do not then there be no obligation upon he to pay the rend and  consequent no action can be maintain upon this covenant which be only to pay  the same rend to the first lessor as be Payable by the first lessee before the  assignment to which it be answer and resolve by the court that the first deed  be set out as indenture fanctam inter the lessor and lessee by which the  lessee it agrees together agreed et agreavit to pay the rend that be a  implicit averment of a seal by he in sir Francis Englefields case Leon Vivian  v champion ld raym Aldworth v Hutchinson Lutw S p more v Jones post and see  Elliot v Couper post the case of a promissory note within the reason of the  case of tailor v dobbins mich Geo ante a where fecit notam svan be hold to  import a sign ld Raymond that if this be not so yet the defendant by covenant  to pay the rend reserve by the first indenture be estopped to say there be no  such deed as can raise the rend Stroud v Willis Poph owe SC S p roll Abr and  therefore the judgement give below for the plaintiff be affirm
Atkinson vers Cornish S C Carth Mod comb Mod holt a administration durante  those inferior in rank lifetime of a executor determine when the executor  attain the age of seventeen the plaintiff bring a action as administrator to I  S durante minoritate of a b and c administrator of I S cum testament fastening  and be aver that a be within the age of year the defendant plead that a be of  the full age of year the plaintiff tender issue and the defendant demurrer and  it be object that judgement ought to be give for the defendant for if a be of  year the administration grant during his minority cease and therefore the  plaintiff can not Lord Raymond er p have a action after but per holt chief  justice the difference be thus if administration be grant durante minoritate  of a executor the administration cease when the executor attain the age of  year but if administration be grant durante minoritate of a man who be not  executor but only administrator the administration do not cease until the  administrator come to the age of year and therefore in this case judgement for  the plaintiff between Thomas and freak p will B R post it be adjudge accord  that the administration durante minoritate of a administrator do not cease  until the administrator come to the age of where the plaintiff bring his  action as administrator during the minority of a administrator and aver that  he be under the age of year videlicet of and upon demurrer to the declaration  judgement for the plaintiff
Atkinson versus corn Mod SC comb SC Danv p administrator durante those  inferior in rank lifetime be plaintiff to who administration be grant as  guardian to the infant this shall continue till the infant be of full age cro  Elizabeth Rep prince S case I salk vent Skinn comb ante the plaintiff declare  as administrator durante those inferior in rank lifetime of t S and after some  plead there be a demurrer and joinder in demurrer and now a exception be take  to the declaration because the plaintiff have not aver that t S be still under  age of seventeen year say per holt chief justice there be a difference where  administration be grant to one as guardian to a infant who have a right to  administer but be incapable to take it by reason of his minority as in the  principal case and where a administration be grant during the minority of a  infant executor for in the last case the administration determine as soon as  the executor attain the age Carthew of seventeen year but in the other case it  continue till the infant attain his full age videlicet twentyone year and that  the law be so practice among the civilian wherefore the plaintiff have  judgement
Atkinson versus Cornish pasch W Carthew Mod the plaintiff declare as  administrator durante those inferior in rank estate of t S after some plead  there be a demurrer and joinder in demurrer a exception be take to the  declaration because the plaintiff have not aver that t S be still under age of  seventeen year say per holt CJ where administration be grant to one as  guardian to a infant who have a right to administer but be incapable to take  it by reason of his minority as in the principal case it continue till he  attain his full age but where a administration be grant during the minority of  a infant executor the administration determine as soon as the executor attain  the age of seventeen the the plaintiff have judgement
Atkinson versus crouch mich W m B R justification by Elizabeth c ill for want  of show a warrant show re cro et ante lev cro car in trespass for take salmon  the defendant justify the take the salmon be catch at a undue season under the  stat Elizabeth c and that he be a constable and upon demurrer the court hold  the plea ill for want of show a warrant for that the constable can not  intermeddle without warrant nor the leet without a presentment plaintiff have  judgement
Atkinson versus morris pasch W case W in case before holt CJ at guildhall m  agree to give a so much for the use of a coach and horse for a year and a  agree further with m to keep the coach in repair it be aver the coach and  horse be deliver to m but nothing of the repair and holt CJ hold upon this  evidence that repair be not a condition precedent and therefore need not be  aver but if the agreement have be that a have agree to give m a coach and  horse for a year and to repair the coach and that for that m promise so much  money then the repair have be a condition precedent necessary to be aver and  though in this case it be not express aver that m have the use of the coach  for a year yet it be say it be deliver to he it shall be so intend if the  contrary be not show on the defendant S side and judgement pro quer above
Atkinson versus tailor c b practice there must be day between the testae and  return of a capias ad to answer it be move to set aside a capias ad to answer  because there be not fifteen day between the testae and return thereof to this  it be answer that it be error if any thing and not a irregularity to prove  which be cite I barn William v falconer but per curian this case be overrule  and the capias set aside but without cost
atravers the young against adlam and brown trinity geo Sci fa on recognizance  of bail Belfield demurrer to the cognizant fa and on the argument object that  it do not contain any positive averment that plaintiff recover judgement  against the principal it be express only that although plaintiff recover  judgement yet defendant do not pay the condemnationmoney or render his body to  prison c he object also that the recognizance be in a action at the suit of  John Matravers and the judgement recover be by John Matravers the barn er p  young and it can be intend that John Matravers and John Matravers the young be  one and the same person Eyre answer that the cognizant fa be in common form  the recovery of judgement be sufficient aver and as to the identity of the  person it be set forth by cognizant fa after recite the recognizance that  although the say John Matravers by the name of John Matravers the young  recover judgement c the court give judgement for the plaintiff
ATT lee and the lady BALTINGLAS mich banc sup to discharge a feme covert upon  common bail the court be move on the defendant behalf that there be a action  upon the case bring against baron and feme and the feme have appear but the  baron will not and that the plaintiff attorney stand to have special bail for  her which she can not procure and therefore it be pray that she may be deliver  upon common bail but Glyn chief justice answer if there be cause to have  special style report er p bail the wife must lie in prison until the husband  appear and put in bail for her for she can put in bail for herself be covert  baron
Atterbury against TROWARD trin geo a plea in abatement plead within four day  after the declaration deliver without take the declaration out of the office  or pay for the appearance which be enter by plaintiff accord to the statute  the plea be hold to be plead regular and judgement sign for want of a plea be  set aside Belfield for defendant chapel for plaintiff
Atterbury against ware easter geo in debt upon a recognizance of bail a rule  nisi for judgement for the plaintiff upon a issue of nul tiel record be  discharge the record of the recognizance produce by the plaintiff be  conditional and the recognizance set forth in the declaration without any  condition
attorney general versus governor and company OF chelsea waterwork in scacc  proviso of a statute repugnant to the purview be a repeal vide   a per  Reynolds chief baron comens and Thomson baron the question be upon the  construction of the late landtax Act it be hold that where the proviso of a  Act of parliament be direct repugnant to the purview the proviso shall stand  and be a repeal of the purview as it speak the last intention of the maker and  it be compare at the bar to a will in which the latter part if inconsistent  with the former shall supersede and revoke it
attorneygeneral against basnett the king under a outlawry may redeem a  mortgage and so may the plaintiff after a lease grant by the crown and not  before it be resolve that the king under a outlawry in debt upon a seizure may  redeem a mortgage a bill be bring at the relation of a and not for the king  the relator have no lease and the court will do nothing in it but the relator  allege that he be about a lease the court retain the cause and afterward he  obtain a lease and upon produce it in court have a decree to redeem see peer  William peer William Parker hilary term the OF William
attorneygeneral against buckley information for a penalty abate by the death  of the defendant after trial and before judgement and this may be take  advantage of by suggestion of the death upon the roll confess by the attorney  general without a writ of error upon a information on the French act for have  in his custody French lace and silk c whereby he forfeit such a sum videlicet  so much per pound the defendant plead not guilty and be find guilty to the  value of at nisi prius after Trinity term last and then die before Michaelmas  term and his executor move upon a affidavit of the death that judgement shall  not be enter because the information be abate and upon debate the court doubt  whether this matter can appear by affidavit without put the party to bring a  writ of error but then it be insist that it be remedy Parker by the act car c  which help this point in common case and the doubt be if this case of the king  for a forfeiture upon a information be within it the word be in all action  real personal or mix the death of either party shall not be allege for error  these book be cite I roll cro car keb Hardr side side this motion be make in  Michaelmas term William and adjourn to Monday that of Feb when it be resolve  by Lord chief baron ware baron powis and hatsell that judgement shall be stay  for they think first that it be not a action real personal or mix second that  the king be not proper say a party three that it be a penalty not a duty nor  in lieu of custom or any revenue of the crown fourthly that action do not  comprehend information between party and party nor include the king Leon note  the court be in doubt if the death may be show to the court by affidavit and  by consent to avoid this question it be suggest upon the roll and confess by  the attorney general Parker michaelmas term the OF William
attorneygeneral against CRESNER a information to discover the defendant stock  of pepper the defendant demurrer because it will subject he to a penalty the  year not be pass and demurrer allow a English information be bring to discover  what stock in hand of pepper the defendant have on the that of February last  and to recover the duty of one shilling and sixpence in the pound lie upon it  by act of the last session which enact that the person shall enter the same at  the customhouse before the that of may or in case of neglect he forfeit the  pepper or the value thereof to this bill the defendant demurrer because it  subject he to a penalty and the year not be pass be be Parker er p liable to  the common informer and Mr attorney waiver will not prevent the common  informer nor be this bill pleadable to a who tam information nor can a  injunction be grant to stay the common informer suit and the demurrer be allow  by the whole court that of December at sergeantsinn see the precedent mich  attorneygeneral and smyth for the duty on wine mich Ann attorneygeneral  against pocock and other maltsters mich attorneygeneral against Parker Bewis  and other for the duty on coal note if the year be pass so that the common  informer can sue then a English information lie for the attorneygeneral to  discover be wave penalty and forfeiture otherwise not note Thelord chief baron  say if Mr attorneygeneral within the year prefer a information whereby the  common informer be bar and then bring a bill to discover it will be good  quaere trinity term the OF whether
attorneygeneral against Stockton Mr Cay to put off trial to next term  affidavit of defendant William Stockton read and of Thomas bampfield Mr  attorneygeneral to show cause on Tuesday next Wednesday the that of February
attorneygeneral against thomas munn attorneygeneral as well as the officer be  entitle to cost by the act Ann c where there be judgement for the king this be  a information by William William a customhouse officer on a seizure of several  parcel of tobacco stalk as forfeit by be import contrary to the act Geo c S  the defendant claim property and give security in the penalty of thirty pound  to answer cost pursuant to the act Ann c S and by plea deny the suppose act of  forfeiture and issue be join there be a verdict for the king the  attorneygeneral move that the deputyremembrancer may tax the bill of cost  deliver to the defendant clerk in court and that after taxation the  recognizance may be put in suit against the defendant security and cite  several precedent from the year and insist that the recognizance extend to  cost occasion by any claim Mr perrott for the defendant and his security  answer that the act of the that of queen whether be not to prevent the charge  the crown Parker be put to but only the charge the officer be put to by  groundless claim and add that when the party put in his claim it be not know  who will prosecute Mr attorneygeneral reply that if there have be a verdict  for the defendant he will not only have have a right to bring a action for the  recovery of the good or the value but that he will have have his cost by the  act Geo c S and therefore as the verdict be against he he ought to pay cost I  and brother clive only in court order the deputy to tax the attorneygeneral  his cost occasion by the claim and that the recognizance shall be put in suit  against the security as pray easter term geo
attorneygeneral against weeden and shall choose in action belong to a alien  enemy be forfeit to the crown but there must be a commission and inquisition  to entitle the king and a peace before inquisition discharge the cause of  forfeiture Peter la store who be a Frenchman naturalize make his will during  the war and give several legacy to Frenchman live in Bourdeaux and die some of  the legacy be Payable present other at age c a commission issue to find this  matter and then the peace be make and ten day after a inquisition be find and  returned and upon long debate it be resolve first that choose en action which  belong to a alien enemy be forfeitable to the crown maynard Edward inter  memorandum scaccarii second that this ought to be find by inquisition to make  a title to the king and that this be a inquisition of entitle and not of  instruction page case   three that the peace be conclude before the  inquisition be take discharge the cause of forfeiture fourthly that the  inquisition take afterward do not relate to set up this forfeiture for the  cause be but temporary and that cause be remove before the king title be find  the find after shall not relate note Parker these case be cite Edward sand  tomb administrator of tomb against Hetherington Rastals entry roll Abr Rep  Toursons case I Inst full chart c Inst Edward c Edward c Richard roll Rep a  Bulstr the king against Williamson since publish in freeman Rep note also  great stress be lie on the article of peace michaelmas term the OF William
attorneygeneral at the relation OF the mayor c OF tenby v water march upon  motion allege that a subpoena have issue to compel the relator to pay the  defendant the sum of pound S d that Richard William Esq the mayor be on the  that of February last personal serve with the say subpoena and a demand be  then make of the say sum which have not be pay it be therefore order that a  distringa shall issue against the say relator to compel they to pay the say  sum of pound S d
attorneygeneral contra rider october legatee six hundred pound be devise for  eject minister it be urge first the king have disposal of the money second a  legatee where there be many legatee sue for his legacy the executor set forth  that there be diverse other legatee and that there be not sufficient asset to  pay all and therefore insist that the other legatee may be party that they may  come into the account and abate equal else the executor shall be put to  diverse account and the account with one will not bind the rest but to that  the Lord chancellor regard not three the executor set forth a revocation of  the will by which the legacy be give Lord chancellor the bill be under probate  ecclesiastical and I will not try it here go to the ecclesiastical court and  prove it I e the revocation there
attorneygeneral v bentham July a trial at law direct by consent to try the  right of stop up or obstruct light and a view to be have to see if the new  building be on old foundation on motion for a injunction to restrain the  defendant Bentham from erect his edifice so as to obstruct the light of the  relator house it be by consent order that the party shall proceed to a trial  at law in the court of king bench in a action upon the case to be bring  against the defendant for stop up or obstruct the light of the two message or  house in question and on the trial the defendant be to admit the relator to  have be at the time of the commit of the nuisance allege seize and possess of  the house in question and the relator be to admit the dickens defendant be  seize and possess of the building in the plead mention to have be pull down by  he before they be so pull down and injunction to stay the erect of any  building whereby the light may be stop until after the trial and after trial  liberty to apply touch cost and further direction and by consent Mr Blagden  and Mr dance to be permit to have a view of the premise in question and  particular to inspect whether there be any and what old foundation at or near  the spot where the new wall be erect
attorneygeneral v bowl July SC atk see attorneygeneral v Whitchurch Ves not  follow Giblett v Hobson my king Mather v Scott keen Edward v hall hare l I Ch  affirm l I Ch hold overrule Dunn v Bownas key I try v corporation of  Gloucester Beav and see case there cite Philpot v saint George hospital h l c  Lord hardwicke opinion in the latter part of the judgement have be overrule  and the term erect as apply to charity be now hold to mean the substantial  part of the gift not the mere building of any tenement c see Ambl  attorneygeneral v hide ibidem and bro note attorneygeneral v Whitchurch Ves  chapman v brown Ves c et vide ibidem c see also attorneygeneral v parson Ves  supplement William bowl by his will d of may give and bequeathe to trustee  pound to be raise by and out of the personal estate upon trust to lie out part  thereof in vesey senior er p erect a small schoolhouse and a little house  adjoin for the master to live in the whole purchase and building not to exceed  pound the remain pound to be lie out in the purchase of land or in some real  security for the maintenance of the master it be urge that real security mean  substantial good and effectual security and therefore that it be not within  the stat of mortmain g Lord chancellor hold otherwise and that he must take  the word real in the know legal signification of it and can not annex a new  idea to it therefore the pound legacy be void within that statute but as to  the pound if they can get a piece of ground by the gift or generosity of any  person not by purchase they may be at liberty to apply to the court to lie out  that pound in erect a schoolhouse thereon when the trustee can lie a proposal  before the court but not to be lie out in land to build upon and this proposal  must be in a certain time Reg lib a fol
attorneygeneral v cart Nov Gilchrist v Godfrey Jan S p Corbet v Leighton Jan S  p cost decree out of the estate upon application direct to be tax as between  solicitor and client
attorneygeneral v duke OF lancaster June injunction to stay a tenant in  possession not a party from commit waste Mews dig injunction a waste and  timber king see mason v mason Flan king
attorneygeneral v MONTGOMERY A D atk S c Elias turner by his will devise his  estate to sawbridge and other in trust for the particular purpose in his will  a bill be file to establish it and to have the trust execute the heir at law  dispute the sanity of the testator dickens on hear the cause a issue devisavit  well non be direct which be try and a verdict in favour of the will two new  trial be grant on each of which there be a like verdict the cause be afterward  hear on the equity reserve and the will be establish and the trust decree to  be perform and execute the heir at law afterward bring a ejectment the relator  file a bill for and obtain a perpetual injunction the defendant Montgomery the  heir at law afterward intermarry with the young daughter of sawbridge the  principal act trustee letter and other paper which strong prove the insanity  of the testator be put in the way of mrs Montgomery and upon the discovery of  this new evidence the defendant Montgomery prefer a petition and obtain leave  to file a supplemental bill in nature of a bill of review and upon another  trial direct in the cause the testator be find to have be insane and his will  in consequence set aside
attornment in trespass by more against hill the defendant plead that the dean  and chapter of Westminster make a lease to one pain who make lease out of it  first to a for certain year render rend and after the end of that lease then  to b render rend and afterward sell all the entire interest to the defendant  to who the second lessee which have no possession attorned and the plaintiff  move that he may plead a better attornment for this be not good because it be  no attornment and so be the opinion of the court and therefore they give he  day to amend his plea or else let a demurrer be enter Gouldsborough er p  payment by estranger upon a wager of law it be say by Anderson that if I be  bind to you to pay you a certain sum of money and a stranger deliver you a  horse by my assent for the same debt this be no satisfaction so if I be indebt  upon a simple contract and a stranger make a obligation for this debt the  debtor cannotwage his law for this do not determine the contract et nullut  dedixit
Attwood versus burr pasch Ann B R ld raym S c S c ante Faresl Carth salk lily  Ent judgement on a to know facias against bail reverse for want of warrant of  attorney Mod call altwood vers duel salk Mod Comberb a writ of error be bring  upon the award of execution on a to know facias against bail and thereupon the  record of the judgement against the principal be also return it be assign for  error that the to know facias be sue out and prosecute by I S Salkeld er p his  attorney but no warrant of attorney enter of record it be answer that I S  appear to have be the attorney in the principal cause and in that to have have  a warrant but the court reverse the judgement for the record against the  principal need not have be certify upon this writ of error and the suit  against the principal be another distinct suit therefore there ought to be a  particular warrant of attorney for this to know facias against the bail and  this warrant ought to be enter not before the writ sue for any body may sue  out the to know sad as but upon the return thereof for then the suit commence  a a r that it be sufficient if the warrant of attorney be enter of the term  the placita be of though the writ be returnable and the party appear the  precede term Henriques and other v the Dutch W l Com ld raym Str vide Richard  v brown Doug vide stat g c S to a cognizant fa be a action   light b Treviban  v Laurence ld raym Barlow v Evans will grey v Jones will Pultney v townson Bl  Rep Fenna v Evans t r anonymous pasch Ann B R in the case of the king there  need not be any to know facias after the yea!r Salkeld service and suit
ATWELS v Claxton cost for want of a bill the defendant make oath a Subpna be  hang on his door by a man unknown have no plaintiff endorse on the backside  but it be affirm unto he by one John Atwels that it be at the suit of Robert  Atwels his brother and no bill nor order therefore cost award against the  plaintiff Atwels plaintiff Claxton defendant year Elizabeth
atwood against Meredith executor Copy of a special capias to plaintiff damage  be serve on defendant without notice to appear and appearance be enter by  plaintiff on affidavit of service defendant move to stay the proceed for want  of notice and the court be of opinion that the statute of Geo and Geo ought to  be consider as one and the same law and in all case where barn process be  serve let the damage be above or under notice to appear must be give wright  for plaintiff draper for defendant
atwood against pain bar pe march pl oh in action sur case by the plaintiff as  administrator to Gaynt jure wife on promise by the defendant intestate to pay  so much on death after marriage with one Gill on plene to manage the  conclusion of the declaration be per quod action to grow progressively to the  plaintiff though and the issue be join between the defendant and the say  though and no issue join for the wife for which cause Keeling on Cr Campians  case move in arrest of judgement but it be mistake the conclusion as style be  ad damnum Self which per curian be well enough and so wherever the damage do  survive and however it be but form and judgement pro plaintiff
atwood vers dent in Middlesex in person Pratt CJ the party who except to a  witness may call he afterward the plaintiff call a witness who be set aside  upon a exception take by the defendant but afterward the defendant himself  think fit to call he and then the plaintiff oppose his be examine but the  chief justice order he to be swear for he be a good nay a better witness for  the defendant though he be not to be admit against he strange report er p
atwood versus atwood Monday may I g in court No a human being repleg by a wife  against her husband in this case it be hold by the court that a wife can it  either by herself or prochein any bring a a human being Replegiando against  her husband for he have by law a right to the custody of her and he may if he  think fit confine her but must not imprison her if he do it will be good Cause  for her to apply to the spiritual court for a divorce near svitiam but the  nature and proceed in a Writ de a human being Replegiando be such as can be  maintain by a wife against her husband
auben against cox lieu modern pl Coleman pray a prohibition to Woodstreet  counter to Philips judge of the sheriff court there in suit upon a contract  there on f n b f and roll have before imparlance tender a plea to the  jurisdiction that the cause of action arise out of London and offer to swear  it in person with traverse without hoe that it be within hale Ch just incline  that be after judgement the party ought to put in a bill of exception but per  curian this be but a limit jurisdiction all be one which hale agree and that  all be in person non judge and void and a prohibition be grant post
aucher against hamilton the judge in the treasury refuse to order a bailpiece  to be file twenty day be lapse since the caption the word of the general rule  be that such bailpieces shall not be file without leave of the court court be  afterward move upon Mr Newsomes defendant agent affidavit that he receive the  bailpiece in due time but that it be omit to be file by his clerk neglect  court order the bailpiece to be receive and file
auditor curl for word auditor curl bring a action upon the case and in his  declaration he set forth the statute of h for the erection of the court of  ware and that the same winch er p statute appoint the auditor of the same  court and show that the plaintiff be a auditor of the same court and that the  defendant such a day and at such a place say of he you have take money for  engross of feodaries innuendo account and tunc et ibidem you be a cozner and  live by coznig and I will prove that to be coznage and upon not guilty plead  it be find for the plaintiff and now it be move in arrest of judgement by  finch sergeant of the king that the plaintiff shall not have judgement upon  this verdict for the first word be not actionable for the take of money for  the engross of feodaries be insensible and then the invendo will not help nor  aid that also the word in the second place be not actionable because he have  not say that he be a cozen officer and so he have not express apply that to  his office and the word be find general but yet admit that the last word be  actionable yet the plaintiff shall not have judgement for the damage be entire  give and for that reason void see more and beadle case cite in Osborns case  more winch Harris sergeant to the contrary for a auditor be a officer of trust  and he take a oath when he enter into his office and his receive fee which be  not due be also extortion and the word of cozenage shall have also relation to  the office as in Barkleys case you be a corrupt man a action lie and Haywel  and Stakleys case of a justice of the peace and sir mile fleetwoods case he be  receiver of the court of Waids one call he Mr deceiver and rule action lie and  tunc et ibidem shall have relation to the same time in which the say word be  speak and so he pray judgement for the plaintiff and it be adjourn till  another time see after
Audley v Audley Reg lib a fol Nov dickens Eq can ab S c vern S c the committee  of a lunatic estate have not power by purchase real estate with the save to  alter the nature of the property and land so purchase will be consider as  personal estate Thomas Audley the plaintiff brother by the half blood be find  a lunatic sir Geo Audley his father and Lord Cornwallis and other be appoint  his committee the father die in the lunatic thereupon become entitle to estate  partly under the settlement on the marriage of his dickens father and mother  and other estate which descend of the yearly value of pound there be very  considerable save from the rend after pay for the lunatic maintenance the  committee lie out pound part of such save in a purchase of land contiguous and  convenient to the lunatic estate and take the conveyance to the lunatic in fee  the bill be file by the plaintiff his brother by the half blood and one of the  lunatic next of kin to have the estate so purchase with the save consider as  the personal estate of the lunatic and it be argue that it be not in the power  of a committee to alter the nature of a lunatic estate after long debate by  the attorneygeneral and solicitor general and other counsel before the lord  commissioner sir John Trevor sir William Rawlinson and sir George Hutchins the  court declare the committee of a lunatic have not power to alter the nature of  a lunatic property and that the lie out of the lunatic money in the purchase  of land do not in any manner alter the property thereof and that the plaintiff  as brother of the half blood of the lunatic be entitle to onethird part of the  money so lie out in the purchase of land and also to onethird part of all  other the dickens er p personal estate of the say lunatic and the master be to  inquire whether the estate purchase be at the time of the purchase worth the  money pay for it Mews dig lunatic two livre see Att gentleman v ailesbury App  Cas lunacy Act Vict c sect
AUDLEYS case a man bring a action of debt on a obligation make by the father  of the defendant in which writ the defendant be name son and heir apparent of  the obligor and judgement be give against the defendant whereupon he bring a  writ of error for the writ do imply that his father be live for he be his heir  in truth and in fact if his father be dead and not apparent to which be answer  that that be but surplusage which shall not abate the writ as appear by the  book of the edward but the court hold that judgement shall be reverse for he  ought to be Owen er p name heir as in debt against executor be shall be name  executor and judgement be reverse trin Elizabeth in b r
AUDLY against berry ante debt Br covenant Twisden hold the plea ill the  article be to convey by do you follow and the defendant to pay on perfect  assurance and at a day certain after and now in covenant on these article the  defendant plead the plaintiff have not at time of covenant or after any right  or estate to which the plaintiff demurrer and he may for although the  plaintiff have no estate yet if he be require to convey and do not then do it  by the time the covenant be break for the estate of the covenantor may be in  trust that need not be defeat till the assurance be require by the other side  who counsel be to advice it and the say although he be ready at all time to  assure videlicet to the first of October car whereas the article be date in  october to convey by Dec follow be well enough for the day in this case be  immaterial and the breach assign by nonpayment I Oct praeedict be not material  although issue be thereupon the defendant have commit the first fault by not  require a assurance and so his plea that the plaintiff have no estate be idle  send curian contra that the plea be good but they agree the covenantor may  enable he Keble er p self by the time limit but yet he must as   be enable by  the day else the counsel can never advice any conveyance Inst also the  manifest intent of the party be not to pay money but on assurance Adjornatur
AUDLY against berry Det Br covenant in action of covenant on article of  agreement whereby the plaintiff covenant to make a assurance by a day of land  as the counsel of the defendant shall advice and on perfect thereof the  defendant be to pay and more general within three month when demand and now  breach be assign in nonpayment of the whole the defendant plead the plaintiff  have no estate which he can convey to which the plaintiff demurrer in regard  this payment be collateral and the latter be Keble er p general without  reference to the former but per curian the first depend on the assurance the  latter must be so that be subsequent so if no assurance nothing be to be pay  and so the plea of the defendant be good although the plaintiff Keble averreth  he be always ready to perfect it and that the defendant never tender any nor  have pay c praeter Twisden who conceive its at the defendant peril to cause a  assurance and if the plaintiff refuse for to convey by fine c then he be  liable else not but per curian this be good in action by the defendant for  nonassurance but here the action be for the money and so the defendant have  election to plead as here or that he tender special conveyance by advice and  the plaintiff refuse judgement for the defendant nisi
AUDLY and well hill car two rot ante information on special verdict on car cap  the question be who shall be say the original prosecutor whither Colston the  party name in the record of the information shall pay the cost or the  defendant well by who direction the first suit before the subcommissioners be  and the appeal after and by sergeant Barwell on Elizabeth cap the party Keble  name be the party original prosecute and the party direct be rather a  maintainer and punishable by information and this may go high to the  commissioner of excise or Lord treasurer who direct information which be not  reasonable but by Rainford well and Colston be both appoint prosecutor and  both to have equal share therefore the use the name of either be but as a  nominal person but the statute provide as well against oppression of the  subject as for the king tax and therefore by Jones justice the person most  visible be liable for else the direction be a thing secret there can be no  certain remedy Keble er p and by wile justice its not find that Colston know  of this information but be find that Colston in proper person do exhibit the  information to session and subcommissioners the court agree that he be the  original prosecutor and judgement for the defendant
AUDLY and well Saturday June bail in debt on recognizance of bail special  verdict find a information before the subcommissioners of excise in name of  Coulston and judgement thereon which on appeal be reverse by session and cost  give against the defendant who be the real prosecutor and Coulstons name only  use and if by car cap the defendant be liable to the cost be the question and  by sander for the plaintiff he shall the cost not be give against the informer  but against the prosecutor which must be intend of the real prosecutor and not  be that be only nominal but he that have actual do the wrong but the defendant  be appoint by come Keble er p missioners to inform as well as Coulston by Mr  solicitor winnington the issue be a traverse that Coulston be the prosecutor  without hoc that well the defendant be so and its find that Coulston in proper  person exhibit the information to two justice on who refusal he inform the  subcommissioners and on judgement a three part be give to Coulston but for  benefit of the defendant and upon appeal to the session notice be say to be  give to the defendant well and the justice declare well be a visible  prosecutor but well be not find the original prosecutor which be the word of  the Act but by Jones justice its find the defendant direct the information and  its find the judgement be for the benefit and on solicitation of the defendant  and by raynsford it be mischievous if the defendant shall not be answerable  for the cost but by Twisden exhibit information be but evidence of prosecution  but no actual prosecute so much less the solicit and judgement can be on this  verdict be imperfect et adjornatur but on indictment the solicitor be the  prosecutor c post
augustines case postea in a indictment for erect of post and rail in a highway  it be hold necessary to prove that the party indict do set they up for a  continuation of they or not suffer they to be remove will not serve hale if  there be no special matter to fix it upon other the parish where the highway  be ought to repair it of common right say quaere why not the county as in the  case of common bridge Inst l vide postea
AUNGIER against brogan Ireland error raym I vent Nels Abr pl the defendant sue  a attachment on a prohibition against the plaintiff where the question be on  the limit of the parish and allegded that the plaintiff have sue post  prohibition ind Himself deliberate the defendant there make default and on a  Jones t er p writ of enquiry of damage the jury give l and for these damage  and l cost judgement be give in Ireland for the plaintiff there defendant here  whereupon the defendant there bring error and the error assign over as far as  be that the jury of enquiry do not come out of the visne of the court  Christian where the prosecution be after the prohibition as it ought but  elsewhere and therefore the inquisition be not well take and first it be agree  that though damage or cost ought not to be tax against the defendant where the  matter in the prohibition be find against he yet for the contempt in the  prosecution after the prohibition cost and damage ought to be assess Cr car  case of fancy and long it be resolve that these damage Jones t be not well  assess and the inquisition be void for the reason aforesaid and because the  case be not frequent and it be say that no regard be have of the assessment of  damage but that they be always assess by the jury who inquire of the issue on  the prohibition it be order by the court to search precedent in the case and  these precedent be show to the court the case of Dawkes and feather pasch car  b r roll judgement reverse in hill for this cause and pasch car roll case of  Osborn and Exton and the judgement here be also reverse
austen against mandre ante error error assign that execution be make by  precept to the sergeant at mace without special name which per curian be the  constant course the error be to remove a record before the keeper in curian  our men which be in the time of Richard protector yet well enough per curian  for the writ must be in curian our men but the record must be certify as it be  judgement affirm
austen and austen mich car two rot executor error of judgement in the palace  of Canterbury in action upon the case by the nominal executor against the  administrator on refusal of the executorship to pay a debt in retraxit it be  enter nolle attendance per atornatum against the plaintiff below find the  matter out of the jurisdiction because by den upon   this retraxit will else  be a bar to a new action but here judgement reverse not for this but for want  of pity enter as to the plaintiff
austen and king infant hale pray that the infant lessor of the plaintiff in  ejectment man be inspect to the end to excuse he of cost the father who be the  guardian and bring the action not as guardian but in the name of the lessor be  dead since the nonsuit wile say in the case of turner in exchequer on declare  in another suit wile say in the case of turner name one gunnery the court make  he that name he pay the cost and not he that be name have no notice and so he  conceive here but his executor have no asset Twisden say the rule of court do  bind infant be for his benefit if recovery have be and the rule be that the  lessor Keble of the plaintiff pay c which if the infant have deliver the  declaration will have bind he so here to which Rainsford incline say  adjornatur till the court move again
austen v hinton Reg lib a fol July bill by creditor of the testator after they  have examine their witness they discover the heir at law suppose to be dead be  live he be make a defendant publication not have pass be enlarge and liberty  give to the heir at law a infant to crossexamine the plaintiff witness and for  the plaintiff to read the deposition already take against he and they be also  at liberty to reexamine their witness against the say infant
austen v vesey the solicitor serve to testify be discharge Austen plaintiff  vesey defendant the defendant be serve with subpoena to testify and for that  it appear by affidavit that he be solicitor in the same cause to one of the  party he be discharge and not admit to be examine year Elizabeth Mews dig  title evidence VI examination of witness privilege a legal professional  confidence two solicitor
Austen versus bishop London all pasch Jacob rotulo a quare hinder bring for  the church of b he claim by grant of the next avoidance from sir Edward  Pynebion the defendant plead a usurpation by queen mary upon a deprivation and  plenarty of her clerk by six month the plaintiff plead a recovery by a quare  hinder upon a non sum shape by the patron against the queen clerk if the king  upon usurpation present and his clerk be in by six month if the patron bring a  quare hinder against the king clerk and recover by non sum shape this shall  remit the patron to his ancient right otherwise it be if the king do present  by title in the case of deprivation the patron must have six month after  notice and judgement be give for the plaintiff Wivel v bishop Cestric Brownlow  and goldsborough er Wivel versus bishop Cestric all pasch James rotulo tenant  in tail Brownlow goldsborough er p and his son grant a avowson the father die  the grant be void and judgement for the plaintiff
austin against beadle Austin bring a ejection firm of land against beadle and  declare of a lease make at Haylesham and the defendant plead that Haylesham  predict where property jacent be within the five port where the writ of the  king run not and so be plead to the jurisdiction of the court and the other  reply that the town of Haylesham be within the county of Sussex without hoc  that it be within the five port and upon that the defendant demurrer and it be  argue by finch that the traverse be not good and he say that he ought to have  traverse without hoc quod villan de Haylesham where property jacent be within  the five port for the verity be that it be part in the five port and part in  the county of Sussex and the land lie in that part which be in the five port  and for that he may not take issue upon that traverse for then it will be find  against he and so be say it be hold Edward that the plaintiff in trespass  there in his declaration and replication he distinguish the part and so the  plaintiff ought here but it be answer by the council of the other side and  resolve also by the court that the traverse be good and that the bar be nought  and if the plaintiff may not traverse in other manner and that the defendant  in his bar be ought to have make his distinction and every plea which go to  the jurisdiction of the court shall be take most strong against he who plead  that and the traverse here ought to be to the town and not to where which be  idle for the law say as much and we do not imagine any fraction of town and so  I conclude the plaintiff ought to have judgement
austin against Courtney Elizabeth in b r rot Austin and his wife as daughter  and heir of one web bring a writ of error against Thomas Courtney to reverse a  fine levy three a base court by the say web to himself cook assign these error  because the fine be levy de to make one tenement which be not good for the  generality for it may be land or common or rend and in Edward a plea in bar be  reject because it be plead that one be seize de to make one tenement for this  be uncertain and in h a action be bring upon the statute of h for entry into  certain tenement that be not good for it ought to be bring of so many acre the  second error be because web the conusor do acknowledge the land to be his  right whereas it ought to be the right of Courtney the conusee the three error  be because the fine be levy in a base court which prescribe to hold plead but  they can levy fine there for then the Owen er p king shall lose his silver  Assis and so be it adjudge between banbury and peer that a fine levy in  Chester which have such prescription be not good wherefore judgement be give  that the fine shall be reverse trinit Elizabeth
austin against king and his wife hill geo ill prac ring S c a man and his wife  prisoner allow S d each a week though but one judgement the defendant be bring  into court in order to be discharge the question be whether the husband and  his wife shall be allow S u a week each or whether there be but one judgement  one s 4d shall no the sufficient the court be of opinion that the Act of  parliament extend to the person and not to the cause and therefore order S d  per week to each
austin against millet executor Siderf pl in a action of debt for rend against  the executor in debet to hold off he plead full administer to which the  plaintiff demurrer because he be charge in respect of proception of profit but  if it be in the to hold off only it be a good plea which the court agree and  judgement pro plaintiff
austin against moil a lease by deed to m for ten year and m covenant at the  end of the term to leave four acre of the land fallow and blow and in that  there be also a proviso that if m mislike his bargain that upon a year warning  he may surrender his estate and after m surrender accord but have not leave  any fallow and adjudge by the court that that acceptance of the surrender have  not dispense with the covenant otherwise it have be if the proviso have be in  the end of the year for then if the lessor accept the surrender before the ten  year expire it be impossible for the lessee to perform the covenant judgement  that the plaintiff shall recover
austin against ross executor hill geo rule absolute give defendant leave to  bring money into court on the term of the common rule and plead plene to  manage as well as the general issue to the whole draper for defendant win for  plaintiff
austin and austin ante amerciament error of judgement on retraxit in the  PallaceCourt in the archbishop of Canterbury because no amerciament be set  which per curian shall be Adjornatur
austin and king Saturday February ejectment ejectment by Newman the lessee of  smith the lessee be dead and the lessor a infant Withens for the defendant  pray rule for cost against the infant in who right the father sue but be have  no asset by dissent nor the attorney any way in fault by name the lessee  insufficient nor there be no timely motion for a able plaintiff the cost be  above l the executor that have no asset agree to pay ten the court accept it  and by wile and Rainsford they may charge executor or other than lessor with  cost as in the duke of Richmond case which Twisden deny and say only the same  remedy lie now as a actual lease seal
Austin versus Austin Trin James rotulo in trover the defendant plead that  before the time that the plaintiff suppose the good to come to the defendant  hand one S a be possess of the good and among other good sell they the  defendant but keep they in his own hand and afterward sell they to the to  plaintiff by reason whereof the plaintiff be possess and afterward lose they  and they come to the defendant hand who convert they as it be lawful for he to  do the plaintiff demurrer and it be hold a naughty bar for it amount to non  cul and coke doubt whea ather the court shall compel the defendant to plead  non cul or award a writ of inquiry and a writ of inquiry award judgement  arrest for want of certainty in the court
austin versus bennet Pas W m B R where it may be seize and where distrain Goul  show Leon dr Stud side lev Mod Lut Fitzherbert Heriot Edward a trespass for a  cow the defendant show that I S be possess of c and die and that he seize the  cow as heriotservice and do not show that he seize it within the manor et per  cur h may seize either for heriot custom or service any where but one can  distrain for they out of the manor highway river bridge vide stat g ch
Austin versus Jarvis Trin James rotulo the plaintiff declare that such a day  and year he buy of the defendant a horse for a piece of gold of the value of S  by he to the defendant then in hand pay and for a l to be pay to the defendant  at the day of death or marriage of the plaintiff which shall first happen for  payment of which l the plaintiff shall bring to the defendant one sufficient  man to be bind together with the plaintiff to the defendant the defendant in  consideration thereof assume to deliver the say horse to the plaintiff when he  shall be thereunto request and the plaintiff aver that such a day he bring the  defendant one sufficient man videlicet I a de b yeoman to be bind together  with the plaintiff to the say defendant for the payment of the say l and show  that he request the defendant to deliver the say horse yet the defendant have  not deliver he accord to big promise the defendant plead non assumpsit and a  verdict for the plaintiff and move in arrest of judgement for that the  plaintiff at the time of the contract be a infant and that he can not perform  big promise by reason of big infancy and therefore the promise void and  another exception for that it be not allege in what sum the plaintiff and his  surety offer to be bind and judgement be that the plaintiff nothing capias per  breve justification for call a man perjure disallow because he be not convict
avenant v kitchen husband bind that his wife shall dispose of pound at her  death the bill be as well for certain legacy give they by the late wife of the  say kitchen and also to have the say Huet order not to release a recognizance  of mark wherein the say kitchen be bind unto he in trust before marriage with  his say wife that she may by her will dispose of pound good beside her jewel  kitchen demurrer upon the bill and sue the say Huet in the court of request to  release the say recognizance and order if cause be not show by such a day then  a Subpna to kitchen to make a better answer and to Huet not to release the  recognizance avenant all plaintiff kitchen Huet defendant year Eliz
avery vers white the condition of a bind for payment of money though the word  of avoidance be omit be a good defeasance r send for saun d send for Com dougl  see also post debt upon a bind condition to pay money and upon oyer it appear  that Lord Raymond er p the usual conclusion of a condition videlicet that then  this obligation shall be void c be omit and therefore Mr Northey for the  plaintiff argue that the bind be single say non allocatur for per curian the  condition be to pay money be a good defeasance of the bind and if the obligor  pay the money the obligation shall be void but no judgement be give because  the party agree Mr not
avis against GENNIE and other one avis bring a action of trespass of his close  break against Gennie and two other and the writ be general but in the  declaration he affirm that to be in air half a rood and in dig another half  rood and after in his new assignment show that to be a sellion contain by  estimation and acre and it be find for the plaintiff and damage assess to S  and now it be move in arrest of judgement by attoe because the new assignment  be more large then the declaration and the opinion of the court be that  because this be but a action of trespass where damage only be to be recover  that this be very good but otherwise it be perchance if that have be en in a  ejection firm
avoidance Walmisley move concern the quaere hinder bring by the queen and he  think that she shall recover for the avoidance be by privation and the same  party be present again and if these shift may be use the queen shall never  have a lapse for then the incumbent shall be deprive and the same incumbent  present Fenner to the contrary and say that where her title be restrain to a  time there she shall have no prerogative to the prejudice Gouldsborough report  of a three person nor to alter their estate and for that in Edward if the king  have a lordship and rend and be grant the lordship over and retain the rend  and after the land escheat the rend be go as in the case of a common person  and the queen shall have the year day and waste but if tenant for life die she  shall not have it and in dower against the guardian if the heir come to full  age the writ shall abate bankrupt a action upon the case be bring for call the  plaintiff bankrupt and a verdict pass for the plaintiff and now Shuttleworth  show in arrest of judgement that the plaintiff bad not declare that he be a  merchant or of any mystery or trade and the court hold the declaration  insufficient for the same cause and make a rule for stay of the judgement  accord
award of part only Hamond bring debt upon a obligation against hatch and the  condition be that if the obligor do well and true perform and keep the award  of I S arbitrator indifferent choose between the plaintiff and the defendant  for and concern the matter contain in several article bear date the day of  these present so that the same be give up under the hand and seal of c and the  arbitrator make a award of of he say article omit the other two and whether  the obligor ought to perform this award be the question man I think he ought  to perform the award for that he be bind by obligation to perform it and to  prove that he cite Edward Henry pound Edward gawdy the word of the condition  be so that the same award be give up in write before such a day and that shall  have reference to all the article for the submission be conditional as elizab  and after judgement be give quod quer nothing to take in hand per billam a man  lease a house and a close render rend and the lessor enter into the house and  pull that down and after the lessee reenter into the close and whether the  rend be revive or not be the question and Popham and gawdy the rend be not  Gouldsborough report revive and that the lessee shall hold the close discharge  of any rend by the folly of the lessor to impair the estate of the lassee
Awdley versus joy a writ of restitution to a townclerk be oust of his office  Awdley be put out of the townclarkship of Bedford move for a writ of  restitution to the place and it seem to Doderidge justice that the justice of  this court have power to grant restitution in this case and he cite a case in  Elizabeth in this Couft where restitution be grant in such a case and  Elizabeth by warrant of fennor justice a writ of restitution be grant one who  be townclerk of Boston for life be make alderman and put out of his clerkship  and be restore this court have power not only in judicial thing but also in  some thing which be extrajudicial the mayor and commonalty of Coventry  displace one of the alderman and he be restore and this thing be peculiar to  this court and be one of the flower of it crew chief justice doubt whether  restitution can be make to Awdley or no because the office be grant to he in  reversion when it be expectant upon a estate for life and when the officer for  life die joy be elect and he say that all the say writ remember be where he  have once possession Whitlock justice in the case of one constable Elizabeth  it be resolve that this court have power to grant restitution in such a case  where he be put out of his office and by Jones justice this court have power  to grant restitution and he remember one Mittlecots case and Noy be of counsel  with Awdley say that there be precedent to prove this in the time of e e and h  and it be say by the justice that they be the chief conservator of the peace  within the realm and therefore have power for the preservation of the peace in  such factious town to grant restitution Popham the same term in the same court
AWDLEYS case he have the grant of townclerkship in reversion and be in  possession die and one joy be admit to that office and Awdley have a  restitution and it be say that the king bench have jurisdiction of all such  cause and one bostons case be Noy er p vouch b be elect to be alderman upon  purpose to oust he of a office of townclerk because they be incompatible  office in one person and in the king bench he have restitution to the first  office and one Middletons case be vouch and he be elect constable and oust by  the justice and in the king bench have restitution and it be the direct way to  try the title upon the return of the restitution and agree by the whole court
ayerl way sander except against indictment in leet of stop common highway lead  from a place call UpEnd which can be for every highway must be from some  public place but per curian this may be well enough but want place where stop  it be quash and so be another presentment for dig turf in the lord waste be  but a prive at nuisance c
AYHOE v LOSTWITHAL vicar OF prohibition grant upon surmise make to the late  Lord keeper which surmise be after prove by witness and therefore order no  consultation be grant the plaintiff obtain several prohibition upon several  suggestion exhibit to the late Lord keeper which suggestion be sufficient  prove by examination of witness in this court therefore it be order that no  consultation be grant without the Lord chancellor be first make acquaint  therewith and the plaintiff Council hear but afterward the prohibition be  grant for that the land be hold of her majesty as of her duchy of Cornwall a  day be give to show cause why a consultation shall not be grant Mayhoe alias  Helrae all plaintiff Battyn vicar of Lostwithall defendant year Elizabeth
aylet against oat Trin car banc Reg error to reverse a judgement entire good  in part and ill to other part this case be move again and upon view of the  book roll justice hold that the judgement be entire and ought to be reverse  for the whole although it be good in some part of it and he cite Trin car  Scudamour and Scudam res case car Gritewel Morefields case Trin car Eltonhead  and Deerhams case and Trin James rot bird and ormes case and Rep Specots case  and car die and Atkins case and upon these authority the judgement be reverse
aylet against oat Trin car banc Reg Pasc car rot error to reverse a judgement  in assault and battery a judgement be give in the commonplea in a action of  assault and battery against three the defendant bring a writ of error to  reverse this judgement and assign for error that the action be bring against  three and that they all appear by attorney and plead whereas one of they be a  infant within age and ought to have plead by his guardian and that judgement  be entire give against they all which must be void against the infant and so  it be entire be void also to the two other defendant wile of council with the  defendant in the writ of error argue that the judgement may be reverse in part  videlicet as to the infant and yet may stand style report er p good against  the other defendant for the action may have be bring against they several as  well as joint h f Edward f roll justice say it be rule contrary where a  judgement be reverse for a error in law against some of the defendant it be  reverse against all of they but it seem to be otherwise where it be reverse  for a error in fact h hale on the other side move to reverse the judgement  whole for it be a entire judgement and can be reverse in part only for all the  defendant be equal concern in it and a discontinuance against one of they  reverse the judgement against all of they and be deny the book of Edward and  cite Edward f roll justice say if it be a judgement at the commonlaw or a  judgement where cost be give by the statute if it be reverse as to one it be  reverse to all and here be a entire judgement give by the commonlaw and it can  be help but bring I the book postea
aylet wife versus hutchins Nusans in a action upon the case for nusans in  erect a shed the defendant justify it by licence from the lessor of the  plaintiff to erect it the plaintiff reply that after the licence and before  the execution of it by erect the shed the lessor make a lease to the plaintiff  to which the defendant demurrer suppose this no revocation but per curian this  be before execution be a revocation but death or lease after execution be no  revocation and judgement for the plaintiff nisi
aylett against stellam pace car banc Reg Cause why no now trial Twisden upon a  rule of court to show cause why there shall not be a new trial say that two  thing be allege on the other side that there ought to be a new trial that two  of the juror be of kin to the plaintiff and that that there be notice give to  the defendant of a second venire facias to the first of which he answer that  the juror be not of kin and produce a affidavit for proof roll justice  interrupt he and say it be not now material whether they be of kin or no for  the defendant shall have take advantage of that upon his challenge at the  trial and for the second it matter not whether he give notice of the second  venire or no for the rule of the court do not enjoin he to give notice Maynard  of council with the defendant urge that two of the juror be of kin and produce  a affidavit to prove it and say that the defendant be also surprise for want  of notice of the second venire roll justice say the second venire ought to be  enter here and if it be not enter how can the defendant know whether it be  alter or no yet here be no breach of the rule of the court and so the proceed  be fair for the venire may be enter or it may not be enter and if it be not  enter the party may go to the attorney and procure a copy of it before the  trial and thou ill t e venire be not enter till after the assize it be well  enough therefore let the plaintiff take his judgement
ayleway versus Markham the general searcher in action upon the case by bill  against the defendant as searcher for the profit of the office judgement be  ready to be enter up for the plaintiff for want of a plea it seem to hale  chief baron and to the whole court that a suit by bill do not lie but against  those officer who be oblige to a personal attendance in court and not against  other such as searcher collector sheriff or other unless they be actual upon  their account for the mischief will else be great if searcher and other who  presence be necessary elsewhere upon their several charge and duty shall be  sue here by bill and compel to answer without be summon or have judgement  against they by default but because the clerk say there be many precedent for  it in court the baron appoint a day to be attend with precedent and judgement  stay in the mean time
Ayliffe against Ayliffe Administration holt pray prohibition for the defendant  young brother in suit by the elder brother to repeal administration grant to  he the ordinary have execute his power hale Ch just be it d pen a caveat it be  by surprise and so may be repeal in the ecclesiastical court but not bare by  one in equal step and the court order cause to be show against prohibition  though there be only a citation which in case of repeal contain all but no  stay interim bail notam per hale Ch just by agreement of the court that  henceforth they will discharge prisoner on common bail in two term they will  inflict penalty on the sheriff for not make deputy and will whether in his  office or not imprison they if they do not return their writ by the day and  not leave they to amerciament as be use before or a distringa recently a row  of houses and the atorneys at their peril shall attend on those day the  beginning of the term
Ayliffe and browns case a woman who be possess of a term for diverse ear have  issue two daughter the one marry to Ayliffe and the other to brown Ayliffe  have issue four daughter and brown have also issue and the woman do demise  legacy to the child of Ayliffe out of the rend reserve upon the lease and make  brown her executor and die Ayliffe require brown in the hehalf of his child to  pay the money to he that he may employ the same for the benefit of the child  which he refuse to do and thereupon he sue he in the spiritual court and there  sentence be give for the plaintiff brown the executor move for a prohibition  and allege for ground of it that he be executor and Chargeable in a account  for the moan that but because he come after sentence and also after he have  appeal to the court of delegate and after a sentence give there also against  he the court refuse to to plough a prohibition in the cause and also because  he do refuse to give security for the payment of the legacy to the child hill  James in the common plead
AYLIFFES case a action of battery be bring against Ayliffe and his wife for a  battery do by the wife upon the plaintiff and the plead be that the baron and  feme come and defend the force and wrong c and the baron for his say wife say  that she be not guilty and upon that the issue be join and find for the  plaintiff against he and in arrest of judgement it be award that the issue be  ill join for the wife there plead nothing so there be nothing do at that time  with the suit
AYLOFF against fanshaw October money bring into court embezzle the  remembrancer of the exchequer take money bring into his office by order of  court and spend it and die the succeed officer fear to be charge with the  money videlicet that his office will be sequester videlicet till the money  make good by the profit thereof sue the party who ought to pay the debt  videlicet the defendant fanshaw who be bind with the Lord fanshaw to the lady  ken upon account of which debt the money be bring into court and which  defendant be executrix c to the party the late remembrancer who misemploy the  money and a demurrer to this bill be disallow and it hold the plaintiff may  well proceed in chancery case in chancery er p
AYNESWORTH against BATTYE Intr h Elizabeth b r rot I S devise to every of his  young son b c d and e a piece to be pay when they shall several come to the  age of year and devise his land to a his old son and his heir upon condition  that if he refuse to pay these legacy that then that land shall remain to the  young son et c a pay the legacy to b and c and refuse to pay they to d and e d  enter into the land in his own right and the right of king upon the heir of a  in by dissent and it be resolve that the young son may enter upon the refusal  c by way of limitation although that he have pay the legacy to two yet their  entry be also lawful that the descent do not take away their entry that by the  entry of d in his right and the right of e the estate be invest in all for  they take joint and the estate of the heir divest from he in all
AYNESWORTH and wood when a action be bring against a man for seduce a  apprentice what shall be good evidence to support such action sit at guildhall  the declaration charge the defendant quod apprenticiarium to express grief to  hold back the same do business to be know that he have run away from his  master by which mean the apprentice be encourage to keep from he but the chief  justice say he do not think such a action will lie but the proper remedy be by  way of action for so much money pay to the plaintiff apprentice in wrong to  the plaintiff upon look far then into the declaration it appear that it charge  the defendant quod to hold off to watch the apprentice now the evidence  produce be that the defendant frequent send work to he and though this be not  a actual detainer and keep yet the influence of gain be such upon the  apprentice that the counsel say it amount to a detainer in law they say it be  like unreasonable threat Barnardiston king b and fear put upon a apprentice  the effect and consequence be a detainer from the master and therefore they do  not see why such a action will not lie the chief justice say in the case put a  special action upon the case will only lie and in the present case the action  mention before so the plaintiff be nonsuit lev
AYNSWORTH against wood before Lord Raymond at guildhall the plaintiff bring a  special action on the case in which he declare that a b be bind a apprentice  to the plaintiff to serve for seven year depart from his service and that  defendant know he to be the plaintiff apprentice retain he in his service and  absolute refuse to deliver back the apprentice and from such a day to the day  of fill the original the say defendant keep and detain the say a b in his  service to his damage one hundred pound to support this declaration the  indenture of apprenticeship be give in evidence that the boy serve two year  and at the solicitation of his mother leave his master service to go and stay  at a kinsman house that the defendant send he thither tool and brass and  copper to work with which when finish be carry by the mother to the defendant  who send he back money for the work but that he never see defendant at his  kinsman where all the work be do and the boy own his mother and a three person  tell he the defendant have send he those thing to work the defendant counsel  object that this evidence do not support the declaration because defendant  never see or have any discourse with the apprentice and the chief justice say  the material point in this case turn upon the word in the declaration detain  and keep the declaration be good but the evidence do not prove it if a  apprentice work for another person who receive the money arise from such work  the master may maintain a action for the money see faucet against beaver and  ux lev No man can proper be say to detain and keep another servant who he  never see or speak with and the plaintiff be nonsuit N B in a action on the  case for retain of his servant whereby he lose his service the plaintiff ought  to prove that the defendant know that he be his servant trial per pais trinity  ten OF george the first
AYNSWORTH and chamberlain amendment in covenant on car cap Bugby pray to have  judgement on and winter case that the issue be local in Lancashire a county  palatine and therefore do to be try but in London where the action be lie for  rend of i the defendant plead a enclosure of the land in bar per quod he can  not enjoy the i and to this Jones and raynsford incline strong but by Jones  wise and Adderlyes ease be rule in c b to be good because the statute be  intend and make to aid the right if try where lie but Twisden and wile contra  that the statute be never intend to take away foreign plead that can not be  try in any other county but only Keble of wrong visms in the same county as Cr  adjornatur
AYNSWORTH and champion ante rend ex motion gold for judgement in debt for rend  in lieu of Alomworks in somersetshire where the defendant plead enclosure as  suspension in d to which the plaintiff reply de in an unjust manner svan not  common with others and try in London because this issue comprise the whole  matter as cross and winter and so on Cr the trial be well enough but per  curian this be not aid by the statute car cap which never intend to oust the  jurisdiction of county palatine and judgement stay wile presentee
AYRESS case account Dennis pray a prohibition to the archdeacon of barstable  for not allow his plea that he be churchwarden have account before the justice  of peace and so by the Act of Judicial proceed ought not now to be question  again for his year which be the court agree the plea good in case there be any  former ordinance that give power to justice to confirm the account which do  not appear here and so not within the Act of Judicial proceed but it be after  show prohibition be grant per curian nisi
b a devise all his estate to I S a fee passes roll Abr style Johnson vers  Kerman Keble Wilson vers Robinson Mod Hyley vers Hyley equity case abridge er  p
b although the word equal to be divide between they do sometime in a will make  a tenancy in common yet it be only by way of construction Vid Vol Abr Eq can  upon a case make at the assize it be state that a be seize in fee of a estate  call wolf park devise it in these word as to wolf park I give it to my wife  Annabella for her life and after her death to my daughter Isabel Addibell and  her child on her body beget or to be beget by William Addibell her husband and  their heir for ever that the wife be dead and Isabel at the time of make the  will have one daughter Elizabeth and afterward two equity case abridge er p  son and one daughter who be all dead without issue that Elizabeth have issue  the lessor of the plaintiff that Isabel survive William Addibell and marry  Jackson by who she have a son the present defendant who enter on her death the  question be what estate pass to Isabel and her child by William Addibell the  plaintiff insist that Isabel be only tenant for life and the child of that  marriage have the reversion in fee the defendant insist that Isabel be joint  seize in fee with the child and have survive they all and leave he her son and  heir he be entitle and per the opinion of the whole court Isabel take be  jointtenant and defendant have judgement m Geo oat on the demise of Elizabeth  Hatterly v Jackson ms Rep Str SC say that after several argument the Ch  justice deliver the resolution of the court that Isabel take as jointtenant it  be state that at the time of make the will she have a child which have be  construe to be equal to child vern   Litt be express that a devise to a et  book nest and their heir be a joint fee to all and it be no objection that by  this mean the several estate may commence at different time   Litt Pollexf  more as Isabel therefore survive all the child she have by William Addibell  the whole fee vest in her and descend to her son the defendant who have  judgement accord
b and c two brother land be convey to c and his heir in trust for I S a  stranger for life remainder to b in tail remainder to c in fee during the life  of I S the tenant for life c in consideration of S convey the reversion to b  and his heir in fee b suppose he have a absolute fee in he devise the land to  his executor to be sell for payment of debt and legacy and make his brother c  and another person executor and die without issue c sell the find to the  defendant who have notice of all these transaction c the question wag if the  defendant be a purchaser for a valuable consideration shall avoid the  conveyance from c to b of the reversion in foe be voluntary it be at the time  of the conveyance a dry reversion in fee expectant upon a estatetail and of no  consideration in the eye of the law Cowper c be of opinion that the conveyance  of the reversion in fee from c to b can be avoid as fraudulent by a subsequent  purchaser because at the time of the conveyance it be of no value be barrable  by the tenant in tail by a recovery with consent of the tenant for life yet he  grant a trial at law upon the importunity of counsel Trin Geo Buckley and  Arnold vin Abr pl equity case abridge cap CXVI use
b be arrest for pound and though he have money sufficient to pay the debt yet  choose rather to go to prison in order as he declare to force his creditor to  come to a composition and per Lord Chan this be a Act of bankruptcy within  James c though without such intent yield himself to prison be not unless he  lie there two month otherwise where the party procure himself to be arrest  upon a sham debt for that by the statute of the Elizabeth c be immediate a Act  of bankruptcy Trin Vac ex part Barton ibidem pl b concern sue out a commission  OF bankruptcy and what be a deal in such commission within the statute a  immediate extent and Commission of bankruptcy issue the same day the extent  bear equal date with the Commission and assignment by the commissioner to the  assignee shall without doubt have the precedence bunb Rep
b give I S two note the one for pound and the other for pound Payable at  different time before the day of payment of the second note I S take out a  Commission or of bankruptcy against b who be real a bankrupt but petition to  set this Com equity case abridge er p mission aside as irregular take out it  be take out at the single petition of I S to who only pound and not pound be  then due and the statute Ann c require that if a single creditor sue out a  Commission a debt of pound must be then due if two creditor pound if three or  more pound and Harcourt c supersede the Commission but deny to assign the bind  the Commission not appear to be take out malicious or fraudulent which be the  word of the Act sect Trin ex part Mackerness will his lordship say that in a  late case the Lord c I Parker be of the same opinion and that Lord Trevor  discourse with Lord Parker and himself seem to concur in such opinion vide the  note to the follow case
b have several freehold and copyhold land devise all his land good and chattel  to his three son equal to be divide between they and devise over and above  this pound to his old provide he give a lawful and general release to his two  young brother and by his codicil appoint that if one of his young son shall  die or marry in his minority without consent of his executor then his portion  to portion to the other young son per Harcourt c there be no word of  limitation of estate in the devise to the two young son they can take only a  estate for life in the land and as to the general release direct by the will  to be give to the young son that be satisfy by release his right to the  personal estate without affect the real estate so the devise over to the young  son in case of the death of one under age c may be satisfy by the personal and  the word portion proper signify nothing mich Ann bullock and bullock ibidem pl
b if a time of payment have be limit that may have make it have another  construction than now it will per Rawlinson who cite the case of clerk and  bridge
b Milton versus b Pearsey Trin James rotulo a action of debt bring and in the  venire facias the defendant name be mistake for the venire be to impanel a  jury between r Milton plaintiff and I Pearsey defendant in a plea of debt and  the court hold the venire as none and a new trial Brownlow goldsborough award  and the like judgement be give Trin James rotulo in the Upper bench
b on marriage with m settle a jointure on her with the approbation of a his  father and who witness the deed the son die leave a personal estate of pound  and say m executrix afterward a discover that b be only tenant for life and  that the fee be in himself recover at law upon a bill by the wife king c say  he shall make no difference whether a know of his Title or not at the time  consider the near relation of father and son and that it be plain it be think  the son have the fee and that as the father know of the settlement he shall  not take advantage against it and though there be a covenant in the deed and  the son leave asset sufficient his lordship say he will complete her jointure  and will not oblige her to have recourse to the covenant against the son  personal estate mich Teasdale and Teasdale Sel case in Chan in a note to this  case it be say that by the settlement the husband be make tenant for life and  the wife tenant in tail which the court will not decree but order a usual  jointure to be make on her I e a estate for life impeachable of waste ibidem
b vide the case of Pinbury and Elkin will Rep where it be say per his lordship  that a covenant to pay a sum of money when there shall be a failure of issue  of the body of b will sure be good c vide vern Danvers and earl of Clarendon  and Vol Eq Abr can SC abridge though in case of a devise of land to a man and  if he die without issue then to I S this will give a estatetail videlicet to  the issue of the devisee and so successive to the late posterity yet such  construction be contrary to the natural import of the expression and make pure  to comply with the intent of the testator which seem to be that the land  devise shall go the issue and their issue to all generation but  notwithstanding this it will be very strange to put a force construction upon  word contrary and repugnant to their usual import and only to defeat the  design of the testator by frustrate that estate which he intend to give
b where a action on the case lie and where not by roll chief justice a action  upon the case do not lie against one for cause another to be indict for a  trespass but for cause one to be e dict for a thing which deserve corporal  punishment or a thing which sound in scandal of the party indict a action upon  the case will lie notam
Babbington versus wood croak a condition to resign a benefice upon request  Babbington bring a action of debt against wood upon a obligation of the  condition be that if wood resign a benefice upon request that then the  obligation shall be void and the condition be enter the defendant demurrer and  judgement in banc king pro to express grief and upon error bring judgement be  affirm in the exchequer Chamber for this obligation be not voidable by the  statute of Elizabeth which make obligation of the same force as lease make by  parson of their gleabes videlicet per non residency and it do not appear by  the plea of the defendant that it be not a obligation good fide which may be  lawful as if a patron which have a son which be not yet fit to be present for  default of age and he present another with a agreement that when his son come  to the age of year he shall resign it it be a good obligation and this case  videlicet a obligation with condition to resign have be adjudge good in the  case of one Jones a James and the counsel say that be who be present to a  church be marry thereto and it be like as if a man who have marry a wife shall  be bind to be divorce from her or not cohabit with her these condition be void  but these resemble not our case
babington against allen assignee OF hill condition Siderf pl in action of  covenant a breach be assign by lessee that he do not quiet enjoy it c the  lessor plead in bar that the covenant be that the lessee perform all covenant  and pay his rend shall quiet enjoy and be say in fact that be do not pay his  rend after the assignment to which the plaintiff demurrer the assignment be  Oct and the eviction by one sir h wood in right of the queenmother on the that  of Oct the court conceive judgement shall be for the plaintiff because no rend  do appear to be behind any day before the eviction but per Windham these word  pay the rend be no covenant precedent but rather concomitant and be liable to  construction as the subject matter be but here clear it can be no condition be  a usual clause at the end of all lease which the court agree and that yield  and pay make no condition judgement pro plaintiff post Keble er p
babington and his wife plaintiff against matthews defendant a action of debt  upon the statute of e cap Ro Rep in a action of debt upon the statute of e cap  for not set out of tithe upon nil debet plead a verdict for the plaintiff it  be move in arrest of judgement that the declaration be not good the husband  claim these tithe in right of his wife and in his declaration aver the life of  his wife exception take because he do not show in his declaration how he have  the same answer be make and man secondary inform the court that to say general  possessor to take into possession firmarius or proprietarius be good and  sufficient plead upon the statute of e which give the action to the proprietor  and so it have be here diverse time adjudge coke a man shall never make unto  himself a title by a and estate unto a thing which lie in grant as to a rend  another exception be move to the declaration because it be not therein show  this grant to be by deed whereas the thing it self can pass without deed and  therefore to have mention the deed in the declaration coke and the whole court  this declaration be good notwithstanding this exception because this be but a  inducement to the action and so by the rule of the court judgement be give and  so enter for the plaintiff Bulstrode er p
Bacchus and HILTONS case Hutton cite one Bacchus and Hiltons case in the king  bench where a bill be of land maii and the declaration maii which be after and  so the original before the trespass and after verdict because it be mistake  judgement be stay
BACHKURST versus CLIMKARD mich W m show case against the defendant as sheriff  of ken recite a judgement at the plaintiff suit against William Dykes for l  and a become facias thereon deliver to the sheriff that though Dykes have  diverse good and chattel yet he have neglect to seize they and make a false  return of no one good non cul plead on a trial before the Lord chief justice  holt the case be thus dyke brown and other be partner holt KB er p of several  good 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 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 be false and verdict and judgement  for the plaintiff holt KB mich W case W holt c j the sheriff have no power to  receive money from the defendant upon a capias his business be only to execute  his writ and if in such case the sheriff after become insolvent and do not pay  the plaintiff such payment shall not excuse the defendant if sheriff suffer  one in execution to escape the plaintiff have his election to sue the sheriff  upon the escape or else the defendant but he can have a capias against the  defendant without a to know facias
backhouse contra MIDDLETON hill car Lord keeper Bridgman a purchaser can  revive backhouse be a purchaser exhibit a bill of revivor against the  defendant and revive the suit by order and the defendant join in examine  witness and the Cause come to be hear the bill be dismiss for that the  plaintiff as purchaser can maintain a bill of revivor for that there want  other party at the hear and it be now move on a original bill exhibit chancery  report by the plaintiff that he may use the deposition take in the Cause on  the bill of revivor but upon hear of counsel on both side the court deny those  deposition to be use in the new Cause because in truth there be no Cause  depend for the bill of review be bring by a purchaser be void and so the  deposition be take where there be no bill and answer depend and consequent no  indictment of perjury can be bring against the witness
backwel and BARDJEW in debt on obligation the condition be to pay legacy  devise by the last will of I S the defendant plead that its true that I S do  by his lastwill give the say legacy of to the plaintiff as set forth but say  that after I S do revoke that last will and testament and after die and by the  latter leave nothing thereby to the plaintiff to which the plaintiff demurrer  because be intend a bind make after death of I S the defendant be estopt by  the condition of the bind to say there be no such lastwill especial no time of  either will be mention which the court agree and judgement for the plaintiff  nisi and if the bind be before the party I S die the defendant bath undertake  and must pay it at his peril
Backwell against hunt in a to go to ad cur in false judgement where the writ  be in not common with others mask c the sheriff or undersheriff send his  servant with the writ c and they of the court of Shrewsbury refuse to certify  and the court that the sheriff ought to return it so that they have refuse  upon which a distringa shall issue c for the writ be well send by the sheriff  with his servant we n b a b
Backwell against LITCOTT Thursday fever bankrupt notam on motion of Jones to  stay a trial of bankruptcie of one colonel it be say that if I be oblige to I  S and he before bankruptcie assign the bind this be liable to afterbankruptcie  of I S be only suable in his name per Keeling and Twisden post
Backwell and knipe arbitrement in debt on obligation on oyer it be for  performance of a award and on no award plead the plaintiff set it forth and  breach for nonpayment of money to which the defendant demurrer because the  award be that the plaintiff shall make such a affidavit before I S as the  defendant require which per curian be ill but breach be not assign hereon the  say he do not make such affidavit be not material and judgement for the  plaintiff nisi
bacon against Nosme more pl elen for Elionor cambd Rem in title name its say  Bennet be the corrupt for Benedict so in assize of land in c the defendant say  they be name d and do not say and not c yet good Edward b pl the plaintiff  declare by the name of Bennettus the defendant plead his name be Benedictus  and do not say that his name be not Bennettus and issue thereon the plea be  that prediction Bennettus to have pro nomen Benedictus which be of Christian  name be ill but of surname it be otherways for one may have many name Carew  pray a amendment and award per curian but to avoid pay cost by Allen shall the  issue be find for the defendant it will be a jeoffail there be no denial that  his name be not as the plaintiff count but the replication be that the  plaintiff name be Bennet without hoc that it be Benedict and thereon issue be  take and so it be void cost be not to be pay the court conceive it well enough  and that the plaintiff after issue join in paper can waive his count but the  defendant Keble may waive his plea and the course of the court be that on the  plaintiff amendment the defendant be to have cost or a imparlance the court  rule he to one videlicet to accept of cost and so amendment grant per curian
bacon against weston Bacon bring a action of debt upon a obligation against  Weston as a administrator to one oak and he plead that the say oak such a day  and year in his winch er p life time acknowledge a judgement to he in the king  bench upon a indebitatus be of and die and that he retain so much of the good  to satisfy himself and that over that he have put S and it be move that be  ought to plead the general issue and give this matter in evidence as he may  well but it be a mischief to the plaintiff to take issue upon that for then he  ought to say that he have asset Hobert true he may give this in evidence or he  may plead that the judgement be not satisfy or defezancad but we may not  compel he to change his plea except he will assent
bacon and Dubarry Trin W Com salk debt upon a bind of l condition that whereas  several difference be move between the plaintiff Bacon and the defendant as  attorney to Durutter if the defendant on the part of Durutter shall stand to  the award of a b and c then the bind to be void the defendant plead nul agard  fait the plaintiff set forth a award that the defendant for and on the behalf  of Durutter shall pay to the plaintiff l S d and that plaintiff and defendant  ex part Durutter shall seal and deliver mutual release ad use of one another  the dawn of all matter relate to the say account and assign a breach that the  money be not pay the defendant demurrer and it be resolve that the submission  be clear good for a man may bind himself as attorney to another to stand to a  award of all difference between his principal and another and if the principal  do not perform it the attorney forfeit his bind so for a infant that this  award be void for here be holt KB er p nothing to be do by Bacon for and on  behalf of Durutter the release give by Bacon to Dubarry will not discharge  Durutter it shall have be award to Durutter it may have be say to be deliver  to Dubarry the court at first incline to understand it that the release shall  be make to Dubarry for holt KB the benefit of Durutter but these word ad use  of one another the dawn tie it up judgement for the defendant
bacon and ramsey Trin banc sup for a barrester for his privilege to lie his  action in Middlesex the court be move for Bacon a barrester of Grays inn that  he may have his privilege to lie a action transitory in Middlesex whereas it  be lie in Northumberland and franklin and sir William butler case and Bere and  Jones his case of the middle temple be cite to prove that a barrester ought to  have this privilege that where any transitory action be bring against he he  may have it lie in Middlesex wheresoever the cause of action be the court  advice and desire to see the precedent cite at another day it be move again  and upon the precedent produce it be order to lie the venue in Middlesex  accord
bacon case Ann butt widow and William Barrough esquire seize in fee in  copercenary of the manor of Acton and Whersted and other land levy a fine  thereof to a and b which fine concern the say manbors of Whersted and other  land be to the use of the say William Barrough and his heir and concern the  moiety of the say manor of Acton and some other land to the use of the say Ann  butt for her life and after to the use of sir Nicolas Bacon and dame Ann his  wife daughter of the say Ann butt in tail the remainder in fee to the say dame  Ann Bacon and for the other moiety of the say manor of Acton and of other land  to the use of the say sir Nicolas Bacon and dame Ann his wife in tail the  remainder in fee to the say dame Ann Bacon and butt die dame Ann Bacon her  daughter and heir of full age the say manor be hold in capite by  knightsservice and all this find by office sir Nicholas Bacon and dame Ann his  wife be still live question whether the king majesty shall have livery and  primer seize of a three of the manor of Acton or a three of the moiety thereof  or of any part thereof and of the land therewith convey whereupon the lord  chief justice and chief baron Fleming coke and Tanfield do resolve that the  say sir Nicolas Bacon and dame Ann his wife be to sue a livery of a three part  of that moiety of the say manor of Acton and other land which by the say fine  be convey by the say Ann butt to the use of the say sir Nicolas Bacon and dame  Ann his wife to who the estate and use aforesaid be limit be child to the say  Ann butt within the meaning of the statute of will and h and as concern the  other moiety of the manor of Acton and other land limit to the say use by the  say William Barrough no livery be to be sue by the say sir Nicolas Bacon and  dame Ann his wife of that moiety or any part thereof for that that their  estate therein lie er p be derive from the say William Barrough in the say  case name whereupon a decree be have accord James king
bacon versus Du barry salk salk award ex part void Skinner SC comb SC Danv p  Leon Brownl lev Br abrutus tree sand Mod cro Elizabeth pl lev debt upon a bind  of submission to a award and upon oyer of the condition it appear to be to  this effect sacred scripture it recite that there be a difference between the  plaintiff Bacon and one James de rutter who live at hamburg and that the  defendant Du Barry as attorney for the say James de rutter and the plaintiff  Bacon have submit all matter c between the plaintiff and de rutter unto the  arbitrator c therefore if the defendant do perform the award then c the  arbitrator award that the defendant Du Barry on the behalf of de rutter shall  pay to the plaintiff Bacon l and that he the plaintiff shall execute a general  Carthew release unto the defendant Du Barry and this award be set forth in the  declaration the defendant demurrer and it be argue that this be a award only  ex part and therefore void for that there be nothing award on the part of de  rutter who be the principal person concern for the difference be between he  and the plaintiff and not between he and the defendant and therefore the award  the plaintiff to release the defendant signify nothing because de rutter can  take no benefit by such release for he will still remain liable to and charge  with the demand of the plaintiff Bacon for the award have not determine the  difference to which the party submit for those be between the plaintiff and de  rutter and not between the plaintiff and the defendant and after many debate  upon this cause it be adjudge that this award be void for the reason above  videlicet it be a award ex part say per curian the submission by the defendant  as attorney for de rutter be good and will have oblige he to pay the money  award if the award have be reciprocal with respect to de rutter also
Bacon versus pain Trin James a action of debt bring and declare that such a  day and year the defendant be a brewer and for one year then next follow and  that the defendant the say day at king buy of the plaintiff the four part of  the grain that the plaintiff that year next follow shall make in brew for  three pound to be pay upon request the defendant plead that he ought he  nothing and after a trial a exception be take to the declaration because the  plaintiff do not aver that he make grain in that year a almoner will have  acknowledge satisfaction and doubt
Bacon versus palmer Trin James rotulo a copyholder in replevin prescribe to  have common of the pasture appurtenant to the copyhold the other party plead a  extinguishment of common because the lord have enclose land lie in another  field in which field and in the other field the lord have common by cause of  vicinage and note that in common for cause of vicinage if one enclose part it  be a extinguishment of all the common avowry amend after entry by consent
Baden v countess of Pembroke equity case abridge er convey and the money shall  go to the executor especial if there be more debt due than the testator  personal estate be sufficient to pay mich decree Hoskins and Savoy S p vern  Baden and countess of Pembroke SC but not S p ante Eq can Abr vern Ch Rep if a  man for pound assume to make a lease for year and die his heir be not enable  in a court of equity to make the lease for this be against the commonlaw James  chapman and boier roll Abr quaere Danv b by what act shall a heir special or  issue in tail be bind
badger versus Floid pasch W case W the plaintiff have judgement in ejectment  error be bring and bail give to prosecute and answer the mean profit and pen  it the plaintiff bring debt for rend per cur the writ of error do not hinder  the plaintiff from bring debt or distrain here he may have enter without a  writ of execution in a real action after judgement lee plaintiff may enter  notwithstanding holt KB writ of error if his entry be lawful without the  judgement for the judgement shall not pat he in a worse condition Asian 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 CJ say it must be by virtue of  their equitable power which this court have not
badger versus llhoyd mich Ann B R cite in ld raym S c where the plaintiff may  enter though the writ of error be depend holt S c in this case it be say per  holt Ch just that it be adjudge that pen a writ of error the plaintiff in the  original action may enter if he can for though this writ foreclose the court  and tie up their hand yet it do not alter the right of the party knoll case  error in fact must be redress in B R and not in parliament side per holt Ch  just it be beneath the dignity of the house of peer that be the supreme  judicature to try matter of fact and for that reason error in fact of Salkeld  er p any judgement in B R must of necessity be redress Salkeld there and not  in parliament
bag and Robinson entry of judgement in c b error of a judgement in c b the  entry be quod recupere financial loss svan ad pro miss custag nest and hold to  be well enough and the common form in c b dam pro miss custag literal
bag and thomson how far imparlances be to be grant in case of atorneys on a  reference to the master he report a rule of practice to be that where a  attorney of the court be defendant he shall have no imparlance but where he be  plaintiff the defendant shall have a imparlance but the court say that there  be clear reason for the first part of the rule because atorneys of the court  be always suppose to be there present but there be no reason for the other  part of it and therefore do not think there can be such a rule
Bager and ash obligation debt against the defendant executor of one joint  obligor the defendant plead in abatement that it appear the obligation be  joint send non allocatur for it appear Keble er p not that the other seal nor  that the other survive in which case the executor will be discharge the plea  be that billa empty conclude and begin judgement de billa but the body of the  plea be a general demurrer which per curian be a plain bar to the declaration  and judgement be final here be no plea in abatement but only the form thereof  begin and end in abatement but there be no other form of demurrer to  declaration therefore judgement for the plaintiff for in abatement shall be  judgement si ad billam predict to answer debet for precludi non c be  replication to plea c
Bagnal and harvey case in a writ of partition it be find for the plaintiff and  a writ be award to the sheriff that he shall make the partition and the  sheriff do thereupon allot part of the land in severalty and for other part of  the land the juror will not assist he to make the partition all which appear  upon the return of the sheriff and a Godbolt attachment be pray against the  juror who refuse to make the partition and a new writ be pray unto the sheriff  and the court doubt what to do in the case whether to grant a attachment or  not and whether a new writ to the sheriff may he award and take time to advice  upon it and to see precedent in the case hill James in the king bench
Bagnall against porter in b r rot a man by indenture bargain and sell his land  and if the bargainor pay at such a day that then he shall be seize to the use  of the bargainor and his heir and do assume to make such assurance for the  security of the land as shall be advice by the council of the bargainor and  the bargainee bind himself in a recognizance to perform the say covenant and  in debt upon the recognizance it be show that the bargainor pay the money at  the day and have tender to the bargainee a deed in which be comprise a  acquittance of payment of the money all his right and the bargainee refuse to  seal it coke be of clear opinion that he ought to have seal it for it be  necessary to have the deed to the money for otherwise the bargainee and his  heir may claim of payment gawdy of the same opinion and cite Edward not so  clear for if he have tender a acquittance only there bargainee may refuse to  seal it and by the same reason he may refuse when it be join to a thing that  he be bind not to do videlicet to seal the release but at last the matter be  refer to arbitration
Bagnall and pot case it be resolve by the court in this case that when a issue  be join upon no to go away that the issue shall he try where the land be but  if a lease he in question and non to go away he plead to it it shall he try  where the lease be make it be resolve that if copyhold land he give to  superstitious use and the same come unto the king by the statute that the  copyhold be destroy and the use shall he account void but it be resolve that  in such case by the statute which give this land so give to superstitious use  to the king that the Kibg have not thereby gain the freehold of the copyhold  but that the same remain in the lord of the manor Godbolt mich James in the  commonplea
BAGNOLD v green lib Reg a fol Elizabeth A D Carey Rep S Q a suggestion that if  certain person shall die their death will be very prejudicial to the plaintiff  title commission issue to examine they although the defendant have not answer  upon suggestion mere there be no affidavit that if certain person shall die  their death will be very prejudicial to the plaintiff title a commission issue  to examine witness on the part of the plaintiff although the defendant have  not answer Mews dig evidence VII a go dickens er p
BAGNOLD v green witness examine by commission before answer in regard they be  old the plaintiff exhibit his bill in this court and before the defendant  answer have a commission to examine his witness upon pretence the witness be  old and in danger to die sir Radnus Bagnold mile plaintiff green defendant  year Elizabeth fol Mews dig title evidence VII examination of witness under  Commission or mandamus when within the jurisdiction go at what stage SC dick
BAGSHAR against salt in a assumpsit the plaintiff declare that whereas John  green be indebt to the defendant in and that the defendant have sue and  recover against green and in Tr James have a cap ut lagat against green direct  to the sheriff and upon communication between the plaintiff and the defendant  the defendant promise that if the plaintiff will go to the sheriff and procure  a special warrant and arrest John green that he will give he S and aver that  he have do so and have often request the same of the defendant and issue join  upon non assumpsit it be find for the plaintiff and it be move in arrest of  judgement and so rule by the court that the assumpsit be void by h and  judgement quod to express grief nil to take in hand but one Audleys case be  vouch and agree that a assumpsit make to a estranger to go and help the  sheriff to make execution be good and a assumpsit lie Noy er p
bagshaw against Gavin b bring a action of trespass quare way arms for his  horse price after the of October the defendant justify as baily c for a estray  and that he deliver it to the plaintiff the of october and the plaintiff reply  that the defendant himself the say day of Oct before there deli very have use  and work the say horse the defendant demurrer and it be resolve by the court  that although that it be a general writ of trespass yet it be good although  that the price of the horse be put in the declaration and the damage may be  qualify upon the evidence and yet the plaintiff may have a special action that  by his acceptance of his horse be it before or hang the action the plaintiff  have not abate his writ that a estray can be wrought no more than distress for  the party have not any interest but only a custody of it that by the use the  of october he be a trespasser ab beginning videlicet the day of october that  he that seize a estray may detain it till be be satisfy for his feed e that  one may milk a estray cow so by Nov attorney general that it be resolve in one  Prideuxs case which he vouch in lincolsin hall march that a man may shear a  stray but can work it but a cow take for a distress can be milk nor wrought  because it be a punishment to the owner and in custodian law
bagshaw on the demise OF ashton against Toogood Ketelbey move upon a affidavit  of tender the declaration to jane Reynolds widow tenant in possession which  she refuse to accept it be leave on the floor in her presence and she retire  into a parlour and shut the door the person serve read the subscription aloud  so as she may hear it which be hold sufficient service and the common rule for  judgement be make
bagshaw v Batson mich the plaintiff have obtain a order to amend his bill  amend the defendant copy and require no further answer from the defendant  amend his bill accord on hear the cause direction be pray on the amendment on  the part of the defendant it be object the amendment be not in issue Lord  Hardwicke c say as the plaintiff have amend the defendant copy of the bill he  may have answer and put it in issue and therefore give direction on the  amendment
bagshaw v forasmuch as the plaintiff have take oath in this court that there  be sundry witness contain in the schedule exhibit in this court which he  desire to have examine in perpetual memory so impotent and sick that they be  not able to travel up to be examine in court without danger of their life  therefore a commission be award to sir Humphrey Bradburn Knt to examine the  same witness in perpetual memory bagshaw plaintiff defendant year Philip mary  fol Mews dig title evidence VIII perpetuation of testimony take evidence
bagshaw versus spencer in chancery a court of equity will direct a conveyance  agreeable to the testator intention and depart from the word of a will in case  of a trust executory Eq can Abr SC more full atk Ves sen refer to the bridge  kilburne Ves sen apply Garth Baldwin Ves sen fright Pearson Eden Le Rousseau  rede Eden refer to thong v Bedford bro c c discuss Jones Morgan bro c c  comment on bridge bridge Ves refer to harlon Barton t r discuss pool pool b p  refer to roe d thong Bedford m S discuss Jervoise Northumberland I W Rochfort  Fitzmaurice dr war per Lord Hardwicke a court of equity be sometime oblige to  depart from the word of a will in order to direct a conveyance to be make  which will answer the Wilson king bench er p intention of the testator the  word issue in a will be a word of limitation but in a deed be always a word of  purchase heir of the body in a will be not always word of limitation but may  be often take as word of purchase in order to fulfil the testator intention  there be a difference between a trust which by the word of a will be execute  and a trust which be only executory as a devise to a and his heir upon trust  to convey to b and the heir of his body be a trust executory and this court  will make heir of the body word of purchase but a devise to a and his heir in  trust for b and the heir of his body be a trust execute and b will have a  estatetail and this court have great right to interfere in the one case than  the other as all trust in notion of law be executory before the statute of use  which have execute many of they which be thereby become legal estate and  wherewith this court do not interfere therefore in order to bring a trust  within the jurisdiction of this court it must be executory but where a trust  be execute the testator have leave nothing for a court of equity to do Wilson  king bench hilary term geo
BAGSTER v walker march a injunction revive upon the defendant pray a dedimus  to answer a amend bill move upon notice and after hear counsel on both side
Bagwell and Jobson vide the next case the plaintiff bring a action of debt  upon a bind with a condition for the payment of a bill of lawcharge and upon  this the defendant move that the bill may be tax but upon the condition be  read and it seem to be a special condition of a particular agreement between  the party the court doubt whether it can be do but however make a rule to show  cause Barnardiston king b er p
BAIKER plaintiff against baker defendant error for to reverse a outlawry upon  a indictment in a indictment of felony and a outlawry upon it a to know facias  against the tertenants to seize the good of the party outlaw in stay of which  two error wereassigned for to reverse the outlawry and Bridgman for the party  outlaw allege diminution of the record there be in the court a transcript of  the record of indictment but not the record it self William justice in case of  error upon indictment to reverse they the body of the record it self be to be  remove and a transcript of it be not sufficient Fleming chief justice if the  error be assign in the outlawry only diminution may be allege there be only a  transcript of the record but if the error be assign upon the outlawry and also  upon the body of the indictment here in this case the body of the record ought  for to be remove and to be in court and a transcript be not sufficient and so  it be in this case andtherefore by the rule of the court a inform be grant for  to remove the record it self and that afterward diminution may be allege  Bulstrode er p
bailee vers VIVASH amends not pleadable to a voluntary trespass Com dig  pleader m in trespass for take away good the defendant plead tender of amends  and on demurrer judgement be give for the plaintiff the James c give such plea  only in the case of a involuntary trespass with a disclaimer and so be roll  Abr strange report er p
bailey against HOULDSTON the writ be returnable in easter term and the  declaration which be deliver the day before the essoignday of this term be  send per post to Shrewsbury the same day defendant agent can not have  instruction to plead a tender within the first four day of this term but move  as soon as barn he can rule to plead a tender Skinner for defendant prime for  plaintiff
bailey and colebourn vide ante Mr Lacy move now for judgement he say the court  of common plea have have several case on this Act of parliament great debate  before they and at last they unanimous resolve that the plaintiff cause of  action shall be consider what he himself have lie in his declaration accord  they have give this judgement in four case that have be before they and he  hope this court will be of the same opinion the court declare that they think  this a matter which Barnardiston king b er p deserve to be speak to when the  court be full judge page say his present opinion be that the judgement ought  not to be arrest this Act of parliament he say have a relation to that make in  Geo and by that statute the plaintiff cause of action be consider what he  shall make affidavit of before the arrest this he think ought to be the rule  in the present case and as the fact be that the plaintiff hold the defendant  to bail and consequent must have make such a affidavit he do not see but he be  well entitle to judgement judge probin and judge lee declare their present  think to be that the sum ascertain by the verdict can only be consider the  plaintiff real cause of action and judge lee say as this be a motion in arrest  of judgement the court can only judge upon the record for which reason he do  not see that they can any way inquire into the fact when Barnardiston king b  there there be such affidavit or not accord this matter stand over vide postea
bailey at the relation OF the attorneygeneral v corn bill for a preacher  pension I Mod side keb   Litt a Inst cro cro Elizabeth salk stram term Rep a  bill be prefer for a pension only Payable to the preacher of Bridgnorth and  upon bear of the cause which be afterward end by compromise it seem to be  admit that a bill may be bring for h pension only
bailey versus jenner a person qualify himself after listen shall be take to be  do duty and discharge upon common bail reeve move that defendant be a trooper  may be discharge upon common bail it appear he be listen that may and arrest  that and the question be whether he have ever perform duty and the affidavit  go no far than his learning to ride the plaintiff insist that this be not do  duty as the Act require but only in order to do duty cur it be do duty he  receive his pay and must be discharge upon common bail vide Johnston v Louth  Mod post
bailey versus time university OF oxford c b a recovery suffer of a advowson in  gross and one acre of land on a writ of entry sur seize in Le post be good the  question in this case be whether a common recovery suffer of a advowson in  gross and one acre of land on a writ of entry sur seize in Le post be good in  point of law upon search for precedent sixteen be find where recovery of  advowson in gross and a little land have be suffer upon writ of entry sur  seize in Le post and no case be to be find where such a recovery be ever hold  have and dorm case be in point and the court refuse to hear any argument  against this recovery and say that if this be res integral it may not be right  perhaps yet quod become non to withhold factum valet and the court give  judgement for the plaintiff videlicet that the recovery be good without  argument
bailiwick debt be bring by goore plaintiff for upon such a bill be it know  unto all man by these present that Edward Wingfield of h in the county of Mid  Esq do acknowledge myself to Gouldsborough report be indebt to William goore  in for the pay Gouldsborough er p mean whereof I I heir and assign do licence  the say g to have and use the baliwick of dale to the use c until c the  defendant plead in bar that the plaintiff have use the say bailiwick and say  no more nor at what place he have receive the money and snagg move that the  plea be not good because he have not show the value which he ought to have do  and the judge be of the same opinion and they say moreover that this plea be  not good in bar of this special for payment be no plea upon a single bill and  he may have bring his action upon this bill without use the bailiwick for this  licence be no condition adiornatut
baily against BERTLEY trover it lie by executor pl Arundel Cr pl march pl the  bailor can take it without leave of bailee Goldsb pl bigland move in arrest of  judgement that action for detain money due for a cow sell by the testator to  who it be deliver to redeliver on demand lie not against a executor to which  the court agree stay until what time be but in nature of trespass post
baily against bunning and MAWLY execution Siderf pl in trover the jury find  special verdict that one Eden become a bankrupt June after the June which be  the testae of the writ of execution but before June the actual service of it  and if that be a sufficient execution before the become a Keble er p bankrupt  or not be make one question if trover will lie against the baily who take the  good by become facias on the special conclusion of the jury if the good be  well take the judgement be have in Tr term and the June the writ take out the  middle of the term and after the man become bankrupt and before any commission  Keble which be June the writ be actual execute which the court and counsel  agree be not sufficient to hinder a division among the creditor but the doubt  be if it be sufficient against the execution Adjornatur pl
baily against bunning bankrupt in a action of trover against bankrupt by  assignee of the commissioner the visne may be lie in Middlesex whence the  commission issue or in the place of the cause of action at the plaintiff  election per curian the commission be the foundation of all Keble er p
baily against child a infant by his guardian bring a action for word I charge  you with felony and the issue upon not guilty be find for the plaintiff and  now move in arrest of judgement because it be not aver that the plaintiff be  of such a age that he may commit felony but by the court that be disallow and  if in truth he be not of such a age that ought to be plead by the defendant  and not aver by the plaintiff for avoid his own action and judgement for the  plaintiff
baily against executor OF baily ante executor in action upon the case for not  deliver a cow deliver to the testator to redeliver on request nor pay the  money for which the testator sell it bigland for the defendant though this be  a misfeasance yet wherever one may plead not guilty the action be go by the  death of the testator h James rot Hauthorn against lea b r a action in  boundary with this a kind of trover of a virginal be by two judge on the first  motion hold it will not lie against executor and per curian the cause of  action begin by the sale which be a mere trespass and by Twisden this be a  mere trover and the plaintiff have no right to the money judgement stay
baily against hardin error ball move to quash a writ of error direct to the  bishop of judgement in his Cheyny court because the return be of record and  plead of our sovereign Lord the king of his Cheyny court in Winchester and so  variant to which Twisden accord and the plaintiff move it for expedition that  he may proceed de think over quod in person thou to sit back the court quash  it
baily against Knighton in a partition to make by tenant in common against the  other a estrepment be grant for all that the plaintiff have confess to be hold  in common and not of more for by such mean a man may be inhibit to cut his own  bow accord to his occasion but Benelowes cap foe seem that a estrepment do not  lie between tenant in common but in m James it be rule that the estrepment  shall be grant although that cook chief justice hold with Benelowes but note  that in James lady Lucy against Oxenbridge a estrepment be grant in a  partition faciend because it be a real action and no damage to be recover and  brownlowe show many precedent contrary to Benelowes
baily against sir henry clare baily against sir Henry Clare the writ be of two  part without say in three part to be divide and it seem to Nichols sergeant  which move this that it be not good but error but the opinion of the court be  that it be good see Edward Edward brief assize with this difference that if  there be but three part and two be demand there it be good without say in  three part to be divide for when part be demand it be intend all the part but  one and that it be only one which remain see the register fol assize and it be  adjudge in the king bench in the case of one jordan that demand of two part  where there be but three part be good see h Salford against Hewlston in  formedon which demand two part where there be but three and so of three part  where there be but four it be good without say in three or four part to be  divide but if a man grant his part this shall be intend the half for appeal  birth half birth to hold together and a writ of covenant ought to be of two  part without say in three part to be divide for so be the form and if in such  case in three part to be divide be insert the writ shall abate see Thelwel in  his digest of writ and by coke if a man bring ejection firm for ten acre and  by evidence it appear that Brownlow goldsborough er p he have but the half ex  vigor law it shall not be good but he say he will submit his opinion to the  judgement of ancient judge of the law which have often time use the contrary  Brownlow goldsborough note that the husband may avoid the deed that he have  seal by the duress of imprisonment of his wife or son but not of his servant  and so mayor and commonalty may avoid a deed seal by duress of imprisonment of  the mayor for it be idemptiti of person between the husband and the wife see  Edward and Edward a man may avoid seize for payment of rend by coercion of  distress but not his deed michaelmas James in the common bench
baily and barrow assumpsit assumpsit in consideration of payment of a year  rend then due and demand of the father by the plaintiff the son assume to pay  money due for fine on the lease after verdict judgement for the plaintiff that  its a good consideration
baily and Edward nil debet plead in a action upon a promissory note although  ill upon demurrer be a issuable plea within the meaning of a judge order for  time to plead and upon which the plaintiff can have leave to sign judgement in  a action on the case upon a promissory note defendant have time to plead but  be to plead a issuable plea and at the time he plead nil debet and now  sergeant girdler for plaintiff move to set aside the plea and to enter up his  judgement case tempt Hardwicke er p Lord Hardwicke c j if indeed the defendant  have demurrer and so delay you your application may be proper but here you may  take issue for though it be a have plea if demurrer to special yet it will be  well after a verdict or you may demurrer and have judgement that way but a  have plea be not a breach of the order though a demurrer or frivolous plea  will be so take nothing this plea if now plead in assumpsit he be treat and  judgement sign upon it as a nullity I Tid edit but see law on plead yet this  case be not cite as it may have be as a authority for the doubt express by Mr  law as to the propriety of sign judgement where nil debet be plead to a action  in assumpsit
baily contra cotton may Bemble seize in fee convey the land to the defendant  for year in trust that whereas diverse suit and controversy be touch the land  that the defendant shall defend the suit notam he be tenant of the land then  and before to the plaintiff case in chancery and Title with the profit and  yearly account to Bemble of all the profit and pay to he his executor and  administrator the surplus of what he shall not expend and shall pay a annual  sum after his death to the plaintiff and another annual sum to another and die  the plaintiff be his cousin and heir and sue for account and for the land in  regard that a trust result to the heir after the express trust be perform the  Lord keeper dismiss the bill and yet from the state of the case above it  appear that Bembles executor and administrator be entitle to have a account of  the surplus in the defendant hand and consequent a bill may well be bring by  the executor or administrator for such surplus but the bill here be bring by  Bembles heir and legatee and the testator have devise to he a annual sum c  seem plain to exclude he from all Title to real estate and the heir be only to  be prefer where the testator intent be doubtful as Chan c c say vide ante case  in chancery de term sanct trin year king car in cancellar
baily v hawle the defendant discharge of the attachment because the subpoena  be   the defendant be serve with a   subpoena at the plaintiffs suit but  answer not because he be tell the subpoena be   caryi thereupon a attachment  issue against he order that as well the defendant be discharge of the  attachment award against he as the say Baily who as the defendant make oath  deliver the   process to he to show where and of who he have the subpoena  Baily plaintiff Hawle defendant year Elizabeth Mews dig title contempt of  court practice a general
baily v Worrall June bill for a portion of tithe in a neighbour parish the  vicar of that parish must be a party bill by plaintiff as lessee of the rector  of winterbourn for a portion of great and small tithe in Stoke Gifford be a  neighbour parish the tenant and the lie impropriator who claim the great tithe  in Stoke Gifford be make party Bunbury er p Bunbury but because the vicar of  Stoke Gifford who may be entitle to the small tithe be not make a party the  bill be order to be dismiss but upon application stand over with liberty to  amend
baily vers raby et all the court can join declaration against separate person  fazakerley move that four several declaration in trespass against four  different person may be put into one on a affidavit that the trespass if any  be committee by all joint say per curian we never go so far as the case of  different person but only where the declaration be between the same party the  plaintiff may have the benefit of the other evidence in his action against  either but this will be to deprive he of that strange report er p
baily versus CHEESELEY Pas will B R comens S C ld raym S c submission to award  make a rule of court though the consentwas only conditional a submission be to  a award by bind and in the end of the condition of the bind be this clause and  if the obligor shall consent that this submission shall be make a rule of  court that then c upon motion to make this submission a rule of court accord  to the new Act of parliament it be oppose because these word do not imply his  consent but if he will forfeit his bind be need not let it be make a rule of  court yet because this clause can be insert for no other purpose the court  take these conditional word to be a sufficient indication of consent and make  the award a rule of court a a vide Str
baily versus grant Trin W salk the mate sue the master for wage in the  admiralty a prohibition be move for because the master himself can not sue  there and the mate be not in nature of a mariner but be to succeed the master  if he die in the voyage deny per holt CJ for the master contract with the  owner but the mate contract with the master for his wage as the rest of the  mariner do
baily versus grant Trin will B R ld raym S c mate of a ship may sue for wage  in the admiralty holt S c the mate sue the master for his wage in the  admiralty and Mr Raymond move for a prohibition because the master himself can  not sue there and the mate be not in nature of a mariner but be to succeed the  master if he die in the voyage deny per holt c j for the master contract with  the owner but the mate contract with the master for his wage as the rest of  the mariner do a a a mate become master during the voyage allow to sue in the  admiralty quoad the time he be mate and prohibit quoad the time of his be  master Str vide Str ld raym Com dig Edward Admin e
baines against lutwidge the court give defendant leave to plead double  videlicet a distress for damagefeasant and for rend in arrear this be not  strong than not guilty and book property to loosen ad diem and a mutual debt  which have be grant Bootle for defendant draper for plaintiff
baines and forest what shall be say to be such a variance as may be take  advantage of on a plea of nul tiel record in a to know facias upon a judgement  the defendant have plead nul tiel record and now Mr Thomson acknowledge that  there do seem to be a variance between the to know facias and the record of  the judgement but yet consider what it be he move that it may be mark that  there be such a record for the judgement he say be give upon two promise but  in the to know facias it be cujusdam promission assumption now he do agree  that in the to know facias there seem to be but one promise but in order to  reconcile this variance he submit it that the word cujusdam may first be apply  to the word promission and after to the word assumption or else that the word  cujusdam may be reject the court however be of opinion that this be a fatal  variance and therefore there be hold to be a failure of the record upon which  he present after move that the to know facias may be amend but the court say  the record have now be try and therefore this motion be certain too late  however give leave that the to know facias may be quash upon payment of cost
baines and Pettifer how far the repute distance of one place to another be the  proper rule to go by and not the measure one on rule to show cause why a  verdict shall not be set aside for there be too short notice of trial give and  no defence make Mr Pilsworth say that the fact swear in the affidavit on which  the rule be make be this that the defendant live in Halton a hamlet in the  parish of Aylesbury that Aylesbury be fortytwo measure mile distant from  London and yet that he have but eleven day notice of trial in answer Mr  Pilsworth produce the affidavit of several person that the repute distance of  Aylesbury from London be but thirtythree mile that Walton be of this side of  the town of Aylesbury and submit it that the court be to guide themselves by  the repute distance of place and not by the measure one the chief justice say  that where action have be bring against the postoffice the measure mile be the  rule to go by because a admeasurement of those road be make by the direction  of the Act of parliament but in the present case he think the repute distance  be the rule to go by accord the rule be discharge judge lee absent
baines and reeves how far a title be not proper to be give in evidence in a  action of trespass in a action of trespass bring for disturb a man in his  freehold the defendant give the best evidence he be able that he be actual in  possession at the time of the trespass suppose and have be so for seven or  eight year but his evidence not be sufficient for that purpose be offer to  prove a title the plaintiff counsel object that a title be not proper to be  inquire into in a action of this sort and say that Lord chief baron Pengelly  refuse once to allow it in this circuit but Mr baron proportion who be the  judge that try the cause do allow it and declare that any possession long than  seven or eight year will be evidence of it
baines vers forest variance barn b r SC Com dig record c upon the issue of nul  tiel record the to know facias recite a judgement for damage pro non  performatione cujusdam promise et adoption and on produce the record it be  several promise and entire damage and the court hold it a variance and the  plaintiff quash his to know facias with cost the court refuse to amend it
bains and BIGGERSDALE error to reverse a judgement in a action of debt upon a  bind in RipponCourt because it be enter upon the record assiddamna ultra misas  custagia ad l and do not say occasion detention debt is owed or occasion  prediction and the judgement be quod recupere financial loss prediction and do  not say per a swearer sitting beside one yet notwithstanding the judgement be  affirm
bains v wren a Subpna to hear judgement serve to the defendant brother a  Subpna ad audiend judgment be deliver to the defendant brother and the next  day a ticket deliver to the defendant himself choice case in chancery of the  day of his appearance and the court hold it good service banns plaintiff wren  defendant Anna Elizabeth
BAINSv er BLACKBOURNE the pendency of a prior action can be plead in abatement  in a action of debt bring for the exercise of a trade contrary to the  Elizabeth c the defendant plead in abatement that a prior action be depend for  the same matter upon a demurrer to this plea it be hold to be bad and by the  CourtThe pendency of a prior action for the same matter may be plead in bar to  a second action but it can be plead in abatement sayer er p
Bainton versus king hill Geo two b r Lord Hardwicke chief justice page probin  lee justice debt upon award debt upon award the defendant plead no award the  plaintiff reply and set out a award that the defendant shall have all his good  take in execution except those which be already sell that he shall thereupon  pay so much money to the plaintiff and all party shall execute mutual release  to this the defendant demurrer and object that this award be make on one side  only for that the defendant can have no benefit of the award and cite Mod Rep  Thirsby versus Helbott it be uncertain what good the defendant be to have  again and not in his power to know what be sell and what be unsold at the time  of the award W Kelynge S counsel con here be mutual release to be execute  which make it a good award for if I be to pay money and another be to release  this be a mutual award the defendant be to have all and singular the good  which remain unsold and this be a sufficient ascertain of the good by  reference to the good take in execution it be like the case of tax cost or  award a account for in both case what be due may be reduce to a certainty h c  I award have of late be more favour than former and therefore if by any  favourable construction this can be reduce to a certainty the court will  intend it a good and sufficient award here be something award extra the mutual  release and if either party can have the benefit of it it be a void award here  be good to be restore to the defendant except such as be sell how do the  defendant know what good remain unsold what these good be that be sell and  whether sell good fide may be dispute and so many other objection may arise  that this award be by no mean conclusive between the party Adjournatur to be  speak to again a man shall not reverse a judgement for error unless he show  that the error be to his prejudice Rep b in teys case W Kelynge er p
baker against barlow and his wife executor mich geo defendant plead three  plead by leave of the court on two of which issue be join on the three for  want of a rejoinder plaintiff sign judgement quod recupere and take out  execution the court hold that after judgement on the three plea which be plene  to manage the issue on the two other plead must be try before plaintiff can  recover if defendant prevail on any of the plead plaintiff can recover rule  absolute to set aside judgement and execution with cost defendant consent to  bring no action prime for defendant Skinner for plaintiff
baker against beaumont November a Recommitment to the fleet after his be  remove to b r one of the fleet for breach of a decree for not vacate of a  judgement by judgement in a feign action in the king bench get himself turn  over thither and so have liberty to go abroad and get the defendant in the  judgement take in execution in exon and on a habeas corpus he be bring hither  and recommit to the fleet and confine to his Chamber and a habeas corpus with  a long return for the defendant in the judgement grant case in chancery er p  case in chancery the Lord chancellor master of the roll
baker against BERISFORD administrator pay debt of the intestate and do not say  with his own money SC raym side Clayt Rep keb debt for rend as administrator  of a administrator of a lessee for thirty year who demise to the defendant for  twenty year render rend and that the first administrator have pay debt of the  first intestate to the value of the term on which the defendant demurrer  because the plaintiff have not show that the first administrator have pay the  debt with his own money and it may be he pay they with the money of the first  intestate for which cause the court hold the declaration ill but it be further  declare that he elect and take the term in satisfaction the court hold it a  strong implication if not a plain averment that be pay they with his own money  and thereupon in easter term follow they give judgement for the plaintiff
baker against BERISFORD ante administrator Jones waive the demurrer for the  plaintiff as no sufficient title but by Windham and Twisden the title be  sufficient for when it be say the administrator pay so much money and in lieu  thereof do to pluck out to take to take this term in satisfaction it be to be  presume that he pay out of his own money and not of the testator money the  same where it be say to pay debt which Keeling agree judgement for the  plaintiff nisi
baker against BERISFORD ante rend in debt for rend the defendant plead payment  of part in bar and conclude in abatement quod billa empty the plaintiff reply  quod non to loosen and tender issue thereon to which the defendant demurrer  and the plaintiff join in the demurrer and per curian this be a plea in bar  and although the conclusion be quod billa empty yet it be peremptory after  issue tender by the defendant demurrer he agree that nothing be pay judgement  for the plaintiff nisi
baker against BERISFORD ante rend march pl a baker possess of a term die  intestate I his administrator lease to Berisford the defendant wherein be  covenant to repair c the plaintiff as executor of I bring his action aver  payment of debt by the administrator to the value of the lease on which the  defendant take issue and verdict for the defendant which Allen move to set  aside the jury be induce thereto by the information of snow one of the tale  who evidence lead the first verdict also and a party concern which be not  regard and though the judge that try the cause declare himself not satisfy  with the verdict yet they grant no new trial wherefore Allen move in arrest of  judgement that the rend reserve on this lease by the administrator do not go  with the reversion to the administrator de good non a and so the issue be  imperfect and there ought to be a repleader as be roll opinion when he leave  the Bencb the issue on the value must be intend to go only to the term and not  to the value of all for so if one possess of a term worth and good of and the  administrator pay no appropriation of the Keble term shall be make which be  unreasonable wile for the defendant when the administrator have pay but part  of the value of the term which he make although it be more than the good yet  there can be no appropriation of the term Twisden conceive that on lease by  the husband of part of the term of which he be possess jure wife the rend  shall go with the reversion and not to the executor of the husband Adjornatur
baker against BERISFORD copyhold Entre congeable Br and Edward b pl be express  she shall to waver in opinion Cr pl Cr pl Cr pl be that such assignee can  enter for condition break but against ordinary he must by Edward c Poult    entry be particular fol b so be   Entr b in action of covenant upon lease by  copyholder who feme by custom be to have moiety as survivor and if any lease  be make then she shall have a moiety of the rend after the feme of a be seize  of moiety the heir of a die by Jones in arrest of judgement his feme shall not  have a moiety of his moiety which the court deny Keble beside mallet and by  Windham if a heriot be Payable for the whole if it be part surrender both  shall pay heriots so no inconvenience and by custom the wife may have the  whole so of the custom of gavelkind a assignee of copyholder be not within the  statute to have action of covenant curian contra judgement nisi
baker against hely to know facias Siderf pl Pelham on car c move to quash a  know fa take out after a judgement on verdict in action sur case sign by the  secondary and cost tax be not enter on record within two term after the  verdict give or before error bring but per curian this be no cause to set it  aside but adjornatur
baker against Holmer defendant petition upon the lord Act and it appear that  he be charge in execution for S debt beside cost it be allege by the petition  that S part of the debt be pay court deny to make any order
baker against Holmer defendant who be charge in execution at the plaintiff  suit for S debt beside cost make a affidavit that S part of the debt be pay  and thereupon Hawkins move that plaintiff may endorse upon the habeas corpus  by virtue whereof the defendant be charge in execution the sum remain due in  order that upon plaintiff own show the sum may appear to be under whereby  defendant will be enable to barn take the benefit of the lord Act the court  make a rule to show cause which be afterward make absolute upon hear Belfield  for plaintiff note plaintiff afterward endorse S upon the habeas corpus as his  debt and the court upon a subsequent application refuse to enter far into the  consideration of what be real due
baker against kissin Wales in attachment sur hinder the plaintiff declare on  fact do at swine in the county of Shropshire which be a English county and no  parcel of the march the defendant plead that swine be parcel of Osestry which  be time out of c a lordship marcher to which the plaintiff demurrer because  the defendant shall Keble er p either have join issue or have traverse without  hoc that Shropshire be a English county or if Keble swine be ancient part of  Wales and annex to Shropshire by statute that shall be special plead which  Moreton and Windham deny and say the plaintiff shall have say that S be parcel  of Shropshire without hoc that it be in the march for it may be parcel of  Shropshire and yet within the march which Twisden agree and the demurrer be  overrule but for the matter of law the question intend be whether by h the  jurisdiction of march be not whole take away whether the word march shall  contain the four English county or all the lordship marcher or only such as by  h be annex to the Welsh county the first be agree negative and the word be  satisfy with the Iatter march annex to the Welsh county Twisden say this be a  great doubt and many hold the march annex to the English county whole vanish  Adjornatur
baker against morphew hill pound car rot slander Siderf pl morphew have no  more judgement in the law than master Cheynys bull winnington move in arrest  of judgement that the word speak of a attorney on colloquium of his profession  be not actionable because it be not aver Cheyny have a bull send non allocatur  for the scandal be the great if he have none but Keeling Ch just on Fenners  case hold no action lie that be I will lead my mare to the water and she shall  piss as good drink as he brew and adjudge not actionable but the other three  be against he and judgement be not stay but give judgement pro plaintiff nisi  and this be as much as to say he have no judgement at all which be as well a  scandal to a attorney as a counsellor
baker against russell prerogative court caveat day October that a  administration revoke on the production of a will George Russell die in march  he make his will and appoint Robert baker executor Thomas Russell decease  father take administration lee to he as die intestate and describe himself of  Chancerylane the executor take out citation against the father to bring in the  administration the father can not be find where be describe himself to live  and therefore can not be personal serve the executor take out a citation way  et manner against he and advertise he but can not bear of he the executor make  affidavit of the above fact whereupon I revoke the administration and give l S  d cost there be a citation way et manner and a affidavit in this case
baker against SHELBURY February the master order within a short time to sue  his apprentice indenture or else to deliver they up the bill be to be relieve  against a apprentice bind and article and to have they up upon hear order that  the defendant do within a certain time videlicet one year bring his action and  go to trial thereupon for his damage or in default thereof the bind and  article to be deliver up and the reason that be give be that if it be at the  defendant choice to stay his action as long as he please he will stay till the  plaintiff witness be dead and it be say it be usual in the case after  apprentice be out of their time to exhibit a bill to put their master to sue  their covenant within a certain time or else to deliver up their indenture  case in chancery the Lord chancellor
baker against thrower Monday June privilege in action upon the case for word  after imparlance the defendant plead privilege which per curian privilege of a  attorney in b r be not pleadable after imparlance on demurrer make on such  plea Keble er p
baker against watson simony Siderf pl march pl error of a judgement in c b in  debt on obligation conditional to resign on request the defendant after oyer  plead resignation to which the plaintiff reply he do not resign hoc petit quod  to seek after to which the defendant demurrer because the condition be void  and the resignation be triable by certificate and not per pay winnington  contra pro defendant in the writ of error and per curian it have be above a  dozen time adjudge that the condition be good and they also incline the  resignation shall be try per pay and not by certificate but adjornatur
baker against WEBBERLY that if a man dog run at the sheep and kill they not  with his consent there will do action lie but otherwise if with his consent  hetley er p
baker against WESCOT maintenance in action upon the statute of maintenance  quare if on Elizabeth the defendant on nonsuit of the plaintiff shall have  cost Adjornatur
baker against WESTCOM maintenance in cost Br Stroud move for cost for the  plaintiff on the statute of Elizabeth of maintenance which give they general  and James give it for the defendant this action be tam how but it only demand  damage to the party not any moiety whereupon the court give damage for all
baker against WESTCOMB ante cost the court conceive cost ought to be pay in  action tam how on the statute of maintenance as the secondary have inform the  course of c b be
baker against WESTCROFT ante maintenance cost Br in action on the statute of  maintenance Stroud on Elizabeth pray cost which by Elizabeth be not take away  on nonsuit of the plaintiff as to the party grieve Jones for the plaintiff the  action be tam how and not special action upon the case on statute by party  grieve alone Windham conceive in this action cost be to be allow contra in  information Adjornatur
baker all v sweet eoden die tithe wool of lamb shall be pay and tithe for  agistment of yearlings I Ro Abr in this case it seem to be admit that wool of  lamb shall pay tithe though the lamb have pay tithe two month before and that  there ought to be pay tithe for the agistment of yearlings be a new increase  sir Constantine Phipps and Mr Bootle for the plaintiff Mr ware for the  defendant Shipton v Newman Bunburry er report date Shipton who tam v newma Nov  cost allow by the stat eastern where there be a verdict on a information for  the defend a information be bring upon a seizure of a parcel of cocoa nut and  try and there be a verdict for the defendant who bring his action against the  officer for this seizure of the nut and Bunbury also some bag which the  officer take to carry away the nut in this action be try in the court of  common plea and there be a verdict for the plaintiff and Lord chief justice  king be of opinion he may have his cost and damage below for the bag but for  the nut the officer be acquit be include in the information and the defendant  in the information have a verdict thereon for he his proper remedy be to move  this court for his cost on the stat Geo cap which he now do by his counsel sir  Constantine Phipps but be oppose by the attorney and solicitor general who  insist that the act never design the party a double remedy but only give he  his election to bring his action or have his cost but not both but curian  contra for though he have join the nut in his action when he may have bring it  for the bag alone that shall not preclude he of the satisfaction the act give  he and baron page say that if the action have be bring for the nut alone and  damage have be recover this court will have allow cost on the information  because we ought to do right though another court do wrong and the party can  not in that case have have judgement Q absent Montague
baker and andrews mich banc sup Trin rot demurrer to a replication in trespass  way et arms baker bring a action of trespass quare way a miss enclosed space  to break in pieces and for take his cattle the defendant as to the force and  arm plead non cul and as to the rest he justify that the cattle go in through  the defect of the plaintiff enclosure the plaintiff reply that the cattle come  in through another man fence into his ground to this replication the defendant  demurrer show for cause that the style report er p plaintiff do not assign  where the place of the other close lie through which the cattle come through  yard say it be not necessary to show where it lie for they go not in where the  defendant have allege so the traverse be well take Wadham Windham on the other  side answer here be a new assignment and be answer not the trespass for which  the action be bring and because it be a new assignment we must give a new  answer and therefore you must show the place where your new assignment lie  roll chief justice he plead no more but that the cattle come in at another  place than be plead style report and he needs not show the place but here the  defendant plea be not good for he plead a prescription where it ought to be a  custom that the occupiers of the land ought to make the fence and he ought not  to prescribe in the person judgement for the plaintiff nisi
baker and baker administrator on administration below commit to the wife of  the decease and a appeal to the delegate where suggestion be make of a  agreement that the wife in consideration of jointure be to quit administration  which be a evasion out of car cap and a way of ecclesiastical court to try  settlement and therefore be pray a prohibition the ordinary have execute his  power to the wife which can be repeal by appeal at the suit of the mother of  the decease on sir George Sandss case and Offlyes case per curian suggestion  be of Keble matter out of their jurisdiction but this be but on allegation  there can be only a prohibition quoad that and until commission make hereon or  other process no prohibition can be nor do any prohibition lie upon a appeal  by the mother for administration after its grant to the wife which suspend the  sentence as it do not where its by new suit on a new citation by the mother as  it be in sir George sander case but Rainsford chief justice contra that  prohibition lie which Jones agree Twisden and wile contra but a prohibition  grant quoad that allegation
baker and baker ante ordinary Tremain pray prohibition after commission of  adjunct in appeal which be grant on difference of opinion of judge upon  administration grant to the wife from which the mother appeal on deed of  jointure whereby the wife be bar of all her customary part which per curian be  no bar mich car rot Offle and best and Spencer case mich car which sergeant  Pemberton the king sergeant oppose because though a prohibition lie on  citation to repeal after power execute yet never on a appeal which be a  suspension of the sentence of administration so Cr John and may well be Keble  in case of residuary legatee or in case of exclusion by the dower but per  curian the ordinary power be execute the prohibition shall stand until it be  avoid by plea the rather because the plaintiff in the appeal oppose a  commission of adjunct will not lie upon three doctor be against two judge on  the appeal and the prohibition stand Keble er p
baker and Duncomb in debt upon a penal statute who tam c against a attorney in  c b the question be if he shall have his privilege or no and rule upon  demurrer that he shall have his privilege in a debt who tam c because it be  only the suit of the party though in a information he shall not have his  privilege and it be say to be the suit of the party first because he may be  nonsuit the which he can be in a information second be may pray a tale without  the warrant of the attorneygeneral three this shall not be determine by the  demise of the king Cr car Farington S case there adjudge to be mere the suit  of the party
baker and hill merchant in debt on inland bill by custom of merchant the  defendant plead a original and attachment in the sheriff court in London to  which the plaintiff demurrer per curian this be but in abatement unless it  have be plead that a judgement be thereon and by wile justice in such a manner  process be that judgement be be not sufficient but the four default and  judgement must be plead special as   Entr and judgement
baker and his wife versus barber trespass for beat the wife ad financial loss  ipsor ill vide the register a writ of trespass by husband and wife for a  battery of the wife ad financial loss Self curian that be not law and  judgement be arrest for this exception in the principal case
baker and johnson when a tender of amends be plead in bar to a avowry for  damagefeasant how far a defect in such plea can be take advantage of on a  motion in arrest of judgement c b in replevins the defendant avow for  damagefeasant the plaintiff reply a tender of amends after the take and now  sergeant chapel move in arrest of judgement for the tender not be plead to  before the impound he say this be determine to be bad upon a general demurrer  in lutwych and therefore he think it may be take advantage of as well in this  way the chief justice say that case be certain law and pilkington case coke be  to this purpose but he observe that the defendant have join issue upon the  sufficiency of amends and by that mean bad waive all advantage as to the  irregularity of the tender but he own that if this action have be in trespass  it will have be otherwise even upon a general demurrer for the statute of  James say in general that a tender of amends may be well plead in trespass  before the action bring
baker and lade Mod vent lev grant for money and affection how to operate in a  avowry a deed be plead by the word give and grant to his son for money and it  be object that it be not well plead because it not plead accord to the  operation thereof in law videlicet by covenant to stand seize as if tenant for  life grant c to he in remainder it ought to be plead as a surrender and if it  be plead by way of grant and find special it shall be adjudge against the  pleader squibb contra cite h h curian the consideration be natural affection  to the son although it be likewise for money yet it be in law a covenant to  stand seize and therefore it be plead by way of grant it be ill and substance  assumpsit upon a bill of exchange against the drawer for value receive  defendant plead the statute of limitation plaintiff reply that it be upon  account between merchant and that the defendant be beyond sea c cur the  defendant S be beyond sea do not exempt the plaintiff from the statute of  limitation as in the case of hall and Wyburn late in this court and Comberbach  er p also this appear not to be upon a account because for value receive and  per cur the case in sander of a state account be good law judgement pro to  ward off
baker and roe ejectment for so many acre of land with common of pasture cum  appurtenance the word cum appurtenance hold not to extend to common in gross  but to relate to the land Writ of error upon a judgement in the common plea in  ejectment the ejectment be bring for so many message and so many acre of land  with common of pasture cum appurtenance Parker for the plaintiff in error that  common cum appurtenance must be take to be common in gross and for common in  gross ejectment do not lie cro car and Hardres Lord Hardwicke c j absent case  tempt Hardwicke page I this I think can be take to be common in gross for that  be always describe by common for so many horse or cow c probin I the word cum  appurtenance must relate to the land for we shall not presume common to be in  gross unless lie so and there be a hundred precedent in this way and the  exception never take lee accord judgement affirm
baker case Administration master pray a consultation in appeal to delegate by  the mother of b to repeal the administration grant to the wife of b because by  the appeal the sentence be Keble er p suspend and no administration grant and  so the ordinarys power not yet execute Polyxphen contra upon sir g sand case  the appeal be ground on marriage settlement to the wife whereby they will oust  her of administration commit to her but per curian until that Administration  be repeal or new one grant there be no cause of prohibition therefore  consultation award nisi
baker contra kellet Jan car Lord Bridgman mortgagor must pay what due on  encumbrance and not what assignee pay for they the plaintiff bill be to  discover the defendant Title to land of her father be and what they pay to buy  in several encumbrance Chargeable thereon and to have a reconveyance on  payment of so much as they pay for the same the defendant demurrer for that he  ought not to take less than be due on the encumbrance and therefore demand  judgement whether he shall answer what he pay and allow because the first  mortgagee be no party
baker plaintiff against Dickenson defendant a prohibition to the court at York  in a prohibition to the council at York to prohibit they from hold of plead in  matter not there determinable by they as in case of replevin and avowries upon  the same the court clear of opinion that they can not there hold plea of a  replevin nor of a avowry these be determinable by the commonlaw for that a  avowry be to try the right and title of the rentservice and the right to a  henot these be to be determine by the commonlaw and not by the Council of York  and therefore in this case a prohibition be grant by the rule of the court
baker plaintiff against Nichols defendant aid pray of the king where to be  grant and where not c notam as touch aid prier of the king the case appear to  be this that in a writ of error to reverse a judgement aid be pray of the king  by the defendant in the writ of error Henry Yelverton No aid ought here to be  grant of the king where land in feefarm be in demand there the party shall  have aid grant unto he of the king but not here in a writ of error where no  land be in demand William justice without all question no aid ought here to be  grant and there be no authority in all the law to warrant the grant of aid in  such a case of the king be may well allege diminution for the king but he  shall not have aid of he Fleming chief justice as to aid prier it be very  clear that no aid shall be grant of the king where no land be in demand but  only collateral but afterward when the land come once in question then aid  shall be grant but never before and so be the resolution of the whole court  and therefore in this principal case in this writ aid be deny to be grant by  the whole court
baker v holms Reg lib a fol Feb Lord keeper wright service of subpoena on the  mother of infant to appear and answer they be secret deem good service on the  infant this cause come on to be hear the that of may last when it be order to  stand over with liberty for the plaintiff to amend his bill by add party the  plaintiff do amend his bill by add the child of one Rudge but not be able to  find they and the defendant solicitor refuse to tell where they be to be find  by a order date the that of December last it be order that service of a  subpoena for the infant to appear on the defendant mary Rudge their mother  shall be good service dickens she be serve and the child not have appear and  the plaintiff not know where they be to be find it be on the motion of Mr  Vernon order that the plaintiff shall be at liberty to sue out a attachment  against the infant to compel they to appear Mews dig infant g
baker v Lord Fairfax equity case abridge er a witness incompetent be interest  may on a release give by he whereby he become disinterest be examine again so  a witness at the hear rejecter to be read because interest when examine yet on  a release give be examine again before the master on the account and allow  good on exception to the master report east Callow and mince Prec in Chan vide  Vol Abr Eq can on a issue out of chancery one of the witness after his  deposition take become interest and confess it now upon a voire dire he be  reject and his deposition be not allow to be read t Geo paker and Lord Fairfax  in Mid corum Lord Ch I Pratt Str equity case abridge er p
baker v malin the hunter and the amity friendship collision without fault in  either ship No damage or cost give on either side ad et assignation book Sess  hill term there be a appeal see delegate assignation book that Jan but it  appear to have be abandon baker and other owner of the hunter v Malin owner of  the amity friendship sir Thomas salibury judge pronounce that althams client  have not sustain damage by any unskilfulness of full client but that the loss  be mere accidental and therefore give no damage or cost on either side and  dismiss full client from all further proceed in this cause
baker v planner all April exception allow for not set forth quantity and value  of tithe particular bill for tithe exception take to the answer that the  defendant noth not set forth quantity and value the defendant set forth what  tithable matter he have and say he have no other titheable matter whatsoever  baron price and page think this insufficient and that he shall set forth  particular that he have not such and such thing as charge in the bill and upon  their opinion the exception be allow but notam this seem very extraordinary  and contrary to the constant method of draw answer baron Montague think it  will be well enough if the defendant say he have no other titheable matter in  the bill mention but notam then it may be think insufficient if there be as be  usual a charge in general in the bill that the defendant have diverse other  tithable matter
baker v rogers July chancellor one tenant of a manor can bring bill to quiet  he in a customary right which be common to the other tenant bill bring by one  tenant of a manor suggest a custom for the tenant of the manor of a of which  he be one to cut turf in the manor of b to quiet he and to have issue direct  as to the right be the end of the bill solicitorgeneral for the defendant the  bill be total improper and inconsistent with the nature and end of such bill  which be that where several person have one and the same right in which they  be disturb on application to this court to prevent multiplicity of suit to  which each of they be entitle to on their several right issue will be direct  and one or two determination will establish the right of all party concern on  the foot of one common interest but in all those bill either all party join or  a determinate number in the name of themselves and the rest prefer a bill but  in this case only one person bring the bill on the general right and not on  the foot of any particular distinct right these kind of application be admit  to prevent expense and multiplicity of suit and if this method shall take  place will be liable to as many bill as may be to action of law so will total  frustrate the end of they and run into great inconvenience than those design  to have be avoid as suit in equity be more expensive than at law  attorneygeneral contra for plaintiff admit the rule but say the plaintiff be  the only person interrupt and therefore the other can be make plaintiff and to  make they defendant will be only bring they into court to pay they cost select  case tempt king er p select case tempt king chancellor admit the rule lie down  by the solicitor and say that what the attorney say be not suggest in the bill  so bill dismiss with cost
baker v sweet Nov deposition in a former cause between the same party and for  the same matter not allow to be read where issue be not join in the former  cause Mod hard ante pl Carth vern deposition take in a cause in chancery in  relate to modus now in dispute to establish these modus wherein the occupier  of land in this parish be plaintiff and the impropriator who be the provost  and college of Eton and the vicar be defendant but the impropriator Bunbury  have never answer and there be no replication to the vicar and therefore it be  object that these deposition can not be read for that modus be to affect the  inheritance the act of the former shall not bind unless the impropriator or  landlord be make a party and issue be join as to they and per curian they can  be read and the bill and answer upon these occasion must be produce to make  the deposition evidence in another cause to show that it be between the same  party or those under who they claim and dly that it be the same matter that be  now in issue send away price Montague sir Constantine Phipps for the plaintiff  Mr ware for the defendant Bunbury er p
baker vers bache Intr mich Geo b r rot error c b damage can be recover in a  action for any matter which occur after the commencement of the action the  plaintiff bring a action on the case against the defendant for money lie out  and necessary provide by the plaintiff for the defendant son to who the  plaintiff be by the defendant appoint their tutor c and the plaintiff lie the  promise to be make by the defendant to the plaintiff June to pay the plaintiff  for the necessary he shall provide for the son and the money he shall lie out  for they c and aver he continue their tutor for five year and nine month and  during that time find they necessary c which come to judgement be give against  the defendant by nil to say in c b and the writ of inquiry be execute the d of  February Geo and the inquisition find that the plaintiff sustain damage  occasion praemissor ultra misa et custagia S and d and final judgement be give  for the plaintiff in the common plea the defendant bring a writ of error in  the king bench and Monday may this term the judgement of the common plea be  reverse because the jury on the writ of inquiry have give damage for necessary  provide after the action commence and to a time after the writ of inquiry be  execute Lord Raymond for the promise be lie to have be make the nineteenth of  June and that the plaintiff have provide the necessary c from that time for  five year and nine month next follow that time do not expire till the  nineteenth of march compute calendar month and not till about the that or that  of February compute lunar month Lord Raymond er p
baker vers Swindon in it mich will c b rot S C but rather different report  holt pl the privilege of a clerk of a prothonotary in c b be to be sue by writ  a action be bring against Swindon one of the clerk of prothonotary Lord  Raymond er p tempest c the defendant plead that he ought to be sue by bill and  it be adjudge not because the clerk of the prothonotories of the common plea  the sergeant the clerk of the sergeant of the common plea and of the judge  have privilege to be sue in the common plea by original writ but not by bill  but the atorneys of the common plea ought to be sue there by bill because they  be suppose to be always present in court but the other not ex ration mri place
baker vers WESTBROOKE plead double it be refuse to let the defendant plead non  assumpsit and a tender maclellan v Howard term Rep key v patch Geo b r cite ib  S p see also Jenkins v Edward term Rep but Whaley v Harrison barn seem contra  see all the case concern plead double under the statute for the amendment of  the law collect Com dig pleader e strange report er p
baker versus baker keb a prohibition to the delegate the case be that  administration have be grant to the wife upon which a appeal be bring by the  mother of the intestate upon this allegation into all that the wife have  covenant that she will not intermeddle in the administration in regard she  have be otherwise sufficient provide for for it be say that the ecclesiastical  judge have not to do with such matter but it be object on the other side that  it fall incidently into the principal matter whereof they have conuzance but  they may be prohibit if they judge the effect of it contrary to our law  neither do it appear that the delegate will admit of this allegation and there  be no precedent for a prohibition because to fear but on the other side it be  say that there will go a commission out to examine this matter of course  before the judge delegate shall sit to hear the merit of the case and that  will take up so much time that many of the good be good to pass away will be  lose but note the ecclesiastical judge may provide for the disposition of they  in case of such necessity pendent light and the court grant the prohibition  quoad that allegation only
baker versus BERISFORD covenant Trin rot custom Danv Abr p Danv Abr p lev side  side keb the plaintiff declare that Abraham baker be seize in fee of copyhold  land in Westham in the county of Essex and allege a custom in the say manor of  Westham that the wife shall be endow of the moiety of all such copyhold land  as her husband be seize of and that Abraham die have a wife name mary who have  a moiety of the say land assign her for her dower and that John his son have  the other moiety and that mary and John join in a lease for year to the  defendant render per annum videlicet to mary and to John and that John die and  the plaintiff as his widow demand and on nil debet and verdict for the  plaintiff Jones move in arrest of judgement that the breach be not accord to  the custom because the wife be but to have a moiety but here she claim a  moiety of a moiety and a custom ought to be pursue strict but by the court it  be direct within the custom and adjudge for the plaintiff
baker versus hucking croak tenant in tail and he in reversion make a lease for  life adjudge b rs Tenantintail andhoinre version join by deed in a lease for  life he in reversion devise the land by his will to one in fee and die tenant  in tail die without issue and the heir of he in reversion and the devisee  claim the land and the sole question be if this lease be a discontinuance and  it be adjudge a discontinuance and then the devise void for he have not a  reversion and the difference be take when tenant for life and he in reversion  join in a lease by deed for without deed it be first a surrender and then the  lease or feoff of he in reversion it shall be the lease of tenant for life so  long as he live and after the lease of he in reversion and yet they shall join  in a writ of waste and in this case there be no question but if the lease have  be make sole by tenant in tail that then it be a discontinuance and the join  of he in reversion alter it not for that amount to nothing Hutton but as a  confirmation and be not like to Bredons case coke lib fol where tenant for  life and he in remainder in tail levy a fine for every one there passes that  which lawful be may and upon argument it be adjudge that it be a  discontinuance and not the lease of he in reversion but his confirmation  justice crook differ in opinion mich I I car
baker versus johnson in a recovery if the town be omit the land do not pass a  jury be at the bar in a ejection firm bring by Henry baker against Bartholemew  Johnson upon a lease make by James baker which be seize of two marsh among  other call Knightswick and Southwick which lie in a island call Camby in the  parish there call NorthBenfleet and he be tenant in tail and intend to dock it  and to make himself seize in fee by indenture the that of Elizabeth covenant  to suffer a recovery of these two marsh by name and of many other land and  that it shall be to the use of himself in fee and the recovery be have and  therein SouthBenfleet and many other parish name and Camby but the parish of  NorthBenfleet be omit and if the land in NorthBenfleet pass or no be the  question and it be strong argue by crew and henden to have it find special it  be in a common recovery which be but a common conveyance but all the court  agree that the town and parish be omit although that Camby be a place know but  it appear that that extend in and to ten town yet be in a town that the  recovery extend not thereto no more than if one have a manor in the town of  dale which manor be call Bradford and within the say manor be a place know  which be call Braisty wood and he omit the manor and the town and say the  hundred acre of land in Braisty wood that be not good and the court agree that  a common recovery be good in a town parish or hamlet and peradventure in a  place know out of the town parish or hamlet as in the forest of Inglewood in  islander de Thamete c but if it shall be admit that a common recovery shall be  good in a place know in a town or hamlet that shall be absurd for there be no  towni in which there be not twenty place know and it have be adjudge that  Hutton er p a venire facias de vicineto of a place know in a town without make  the disne of the town be not good mich car
baker versus lade mich will B R Mod where a deed must be plead as it operate  by law in replevin the defendant avow for a rentcharge set forth that his  father be seize in fee and in consideration of S and natural affection devoted  to to go away the reversion to he that this grant be without any attornment  and that I do operate as Salkeld er p a covenant to stand seize c and upon a  demurrer three judge in the Salkeld common plea hold the plea to be good by  the word devoted to to go away because the court will judge what the law be  upon those word videlicet that it will amount to a covenant to stand seize but  pollexfen Ch just hold the plea to be ill for that the defendant ought to have  plead accord to the operation of this deed by law videlicet that his father do  covenant to stand seize and not by the word devoted to to go away and  thereupon a writ of error be bring in B R and accord to the opinion of  pollexfen the judgement be reverse videlicet that this deed shall have be  plead accord to the operation of law Mod vent lev
baker versus lane pasch W m skin by holt c j if tenant for life grant his  estate to he in reversion and this deed be plead as a grant it be ill plead  for it ought to be plead as a surrender accord to the operation of law and  every deed shall be plead accord to the effect which it have in law and not  accord to the word for it will be incertain and barbarous plead then to plead  this deed as a covenant to stand seize be to holt KB er p make the deed of  another nature than to plead it as a grant because by grant the estate passes  and the grantee be in en Le per but in a covenant to stand seize the use only  passes from the party and the estate be execute out of he by the statute and  here to plead the deed general and leave it to the court be to introduce  incertainty but for that in fox S case in the report the deed be plead by the  word of demise set and to farm let the which be word of commonlaw conveyance  yet the court upon the whole plead adjudge it to be a bargain and sale upon  this curian advisare vult
baker versus pain hill James rotulo a action of debt bring upon a bind to pay  rend and perform all the covenant grant payment and condition contain in a  pair of indenture and the defendant plead the indenture and performance  thereof the plaintiff assign the breach that the defendant have not pay the  money the defendant reply that the plaintiff have enter into part of the  premise the day before the day of payment and so at issue upon that and  exception be take because the plaintiff have allege no demand to be make and  the court hold that be employ by the issue and that it be not necessary
baker versus pierce mich Ann B R ld raym S c S c Mod holt you steal my boxwood  and will prove it actionable vide prox page Mod Jon c Poph Mod lev cro James  keb lev side lev hob all con cro James you steal my boxwood and will prove it  be hold actionable for they tend to disgrace the plaintiff with a imputation  of felony and maybe so understand these sort of action stand upon their own  bottom and be under no set rule but ought to be encourage to prevent break the  peace thou Salkeld art a thief and have steal my wood be actionable there be  no difference between and and forTo say a man have the pox be not actionable  but to say further and get it of a yellowhaired wench in Moorfield be  actionable not that the intendment be necessary that he mean the frenchpox but  the sense lean that way
baker versus pierce mich Ann Mod Cas case against the defendant for these word  you steal my boxwood and I will prove it and now it be move in arrest of  judgement not to be actionable for to say you be a thief and steal my timber  or my corn hop apple c no action lie because where word charge one either with  trespass or felony if there be not other word that show it to be felony the  best sense shall be take holt KB holt c j in late time the opinion have be in  many instance different from those of former day with respect to slanderous  word for it be hold former that there be a difference between say thou art a  thief and baste steal my wood and thou art a thief for thou baste steal m wood  and judgement bath be both way but late opinion make no difference if the word  be speak at the same time and these be scramble thing that have go backward  and forward and the idle people in the country that private cut and carry away  coppice wood be in common speak call woodstealers I have hear my Lord hale say  that he know no set rule for action for word but that all word stand upon  their own foot to say a man have the pox be not actionable but if the word be  that he have it and get it by a yellowhaired wench in Moorfield have be  adjudge actionable which last word do not carry a violent intendment that the  speaker mean the French pox but the sense lead more that way than another and  it have be agree that steal and feloniousl steal be not the same for in common  parlance steal do not always import felony as to cut and carry away furze be a  steal but not a felonious take though this be hold by Powel I to be proper  trespass and the chief justice also say it be not worth while to be learned on  this subject but wherever any word tend to take away a man reputation he will  encourage action for they because so do will much contribute to the  preservation of the peace the plaintiff have judgement soldier
baker versus Swindon mich W salk by holt c j privilege be either of court or  of process in the court of common plea every person who belong to that court  such as atorneys and their clerk c shall have privilege of be sue there and  not elsewhere which be the privilege of court but none shall be allow  privilege of process but those who be officer of the court and suppose to be  always there and in c b there be two sort of privilege the one be of the  officer of that court to be sue there by bill and the other of their clerk to  be sue there and not elsewhere by original holt KB er p
baker versus which mich W m B R vide record page ancient demesne how pleadable  if manor be ancient demesne land hold of the manor impleadable in the lord  court only parcel in the king court and not the lord post show bro group of  musical notes they lev Styl comb S C salk case B R burr in ejectment defendant  plead in abatement a that the land be parcel of the manor of bray and that the  manor of bray be ancient demesne hold of the crown and this be hold nought per  tot cur for hereby it must be understand the land in question be part of the  demesne and suppose the manor to be ancient demesne yet the manor and the  demesne of the manor be impleadable at commonlaw and not in the lord court for  then the lord will be judge in his own cause on the other side ancient demesne  land hold of the manor be impleadable in the court of ancient demesne and  there only vide f n b m Ro and therefore because be do not plead that these be  land hold of the manor of bray judgement quod to answer ouster a this can only  be plead by leave of court upon a full affidavit of the fact affidavit that  the land be ancient demesne and hold of the manor of a not allege that the  manor itself be ancient demesne if insufficient if it do not appear that the  lessor of the plaintiff claim a freehold the plea will not be allow for a term  of year be not recoverable in the court of ancient demesne that court be very  much disapprove of per curian burr
baker versus winch ancient demesne plead vide prox page ante ejectment  defendant plead that the land be ancient demesne of the crown and time out of  mind be parcel of the manor of bray and that bray be ancient demesne Ch I if  it be part of the manor then it can be hold of the manor nor impleadable in  the manor court and it shall have be show that they be hold of the manor  respond ouster
baker who tam c against DUNCALFE in action who lamb c atorneys have privilege  to be sue by bill I Lutw cro Charles hut cro Elizabeth Leon Inst Ventris ante  Cumberbach Skinner debt ad respondend lord king baker who tam pro lord ring he  himself to follow for on the stat h for execute the office of sheriff of hull  above a year and it be bring by original the defendant plead that he be a  attorney of this court and ought not to be sue except by bill to which the  plaintiff demurrer and it be twice argue in this and the follow term and for  the plaintiff it be say that this be the king suit a attorney have no  privilege against he but he may sue in what court and in what manner he please  as h roll privilege raze en r upon this statute whereto it be answer and  resolve per cur that so it be where the suit be the king suit alone as  indictment information and action by the king alone but here though theKing be  to have part of the money recover yet it be the suit of the party though bring  in the name of the king old woman he and in this suit the party may be nonsuit  also he may have a tale without a warrant by the Attorneydeneral but where the  king alone have the suit he can be nonsuit nor can there be a tale without  warrant of the attorneygeneral and this difference be take Leon whereupon  judgement be that the writ shall abate levinz er p
BALCHIN against clarke rule to arrest final judgement after verdict for  plaintiff discharge the action be bring for a forfeiture incur by a offence  against the turnpike act that and that king George d the objection be that the  action be bring in the informer name only not who tam though half the sum  forfeit be give to the trustee of the turnpike which objection be overrule the  action be proper in the informer name only vide act above Hewitt for defendant  pool for plaintiff
BALDERIDGE against paterson trin geo ex dim Hudspeth win move that the  landlord videlicet Roger Preston jane Preston widow and James goodwill may be  make defendant without the tenant in possession who refuse to appear deny per  cur but the common rule be make to add the landlord to the tenant in  possession
baldwin against forth Wednesday July religion in action sur statute of  conventicle against the defendant alderman of London special verdict at  guildhall whether a alderman that be no justice of peace be within the statute  and whether the three month relate to the offence or to the neglect of justice  on complaint and hale Ch just conceive that it relate to the offence of the  conventicle not to the default of the justice ex motion Scroggs the king  sergeant at who instance the special verdict be find to amend the date of the  latitat in the clerk note which the court refuse not be give in evidence et  adjornatur
baldwin against MORTIN use to the husband and wife habendum to the husband for  thirty year the wife shall take nothing thereby and this case be argue at the  bar and bench and be call the earl of cumberlands case Fleetwood move that a  action be bring against the husband and his wife and do declare a trover of  the good of the plaintiff by the wife which she convert to her own use and  pray that the action may be against the husband only because that the woman  can not convert they to his own use during the coverture but only to the  husband use and the opinion of the court be that the writ be good against they  both and that the conversion be in nature of a trespasser and so the action  will well jee Owen er p
baldwin against ocarroll defendant render himself into the custody of the  warden of the fleet prison as a fugitive for debt to take the benefit of the  late Act of parliament Geo plaintiff tender a declaration to the warden which  he refuse to accept and thereupon plaintiff move for leave to proceed and have  a rule to show cause but the court seem to be of opinion that defendant be in  the warden custody for a particular purpose only be not liable to be charge  with declaration plaintiff consent to waive his proceed and the rule be  discharge Parker for plaintiff urlin for defendant Eyre for warden
baldwin against Tudge trin geo action for a amerciament at a court baron rule  to show cause why defendant a freehold tenant shall not have leave to inspect  court book c general make absolute as to such entry only as relate to  amerciament pool for defendant prime for plaintiff
baldwin and GIRRIES case a parson do lihel in the spiritual court for tithe  and the substraction of they and ground his lihel upon the statute of e the  defendant allege that he be to he discharge from the payment of tithe by  reason of privilege within the statute of h of dissolution and the plaintiff  here have a prohibition and afterward they be at issue here whether they ought  to be discharge by privilege or not and after issue join the plaintiff in the  prohibition be nonsuit and thereupon the parson have a consultation and  proceed in the spiritual court and there obtain a sentence and the sentence  there be that he shall recover the single damage and the same be set in  certain and beyond that recu re d p I Pedro t u I unidentified plant valor  which be also by the say sentence set in certain and it be resolve in that  case by the whole court that a prohibition shall he grant ground upon Godbolt  er p the sentence because the spiritual court in their sentence do exceed the  damage which be to he give by the statute in that court and it be say that  although the sentence therff give he not express that he recover Triple damage  yet because it do amount to so much if the word of the sentence heJoyned  together it be direct that a special prohibition in which the statute and the  whole matter be to he mention he award and in this case it be agree by the  whole court that the statute of e for substraction of tithe mere do not give  any damage but if the tithe he first set forth and then they be substract  there because the parson have once a interest in they he shall recover Triple  damage and the principal case be resemble by Warburton justice to the case of  waste that if the jury give damage there the court shall Triple the damage and  make the same and so it be do in the principal case hill James in the common  plead
baldwin vers morgan equitable cost can be levy out of the penalty of a  recognizance of bail Barnard b r SC with some difference the plaintiff out of  the penalty of a recognizance of bail levy not only the money recover but some  cost not include in the judgement but such as he have real be put to and upon  motion it be hold that though equitable cost may be levy out of the penalty of  a bind yet it be too hard to suffer it to be do against the bail and so the  overplus money be order to be return strange pro quer
baldwin versus coal Trin Ann Mod case in trover it appear upon evidence that a  carpenter send his servant to work at the queen yard and when he will go no  more the surveyor refuse to let he holt KB er p have his tool pretend a usage  to detain they to enforce workman to continue till the queen business be do  and a demand and refusal be prove c holt c j 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 man good and he that take upon he to  detain such other good without cause do take upon himself the right of dispose  of holt KB they so the take and be ing away good of another be a conversion or  if one come into my close and take my horse and ride he and here if the  plaintiff have receive the thing upon a tender the action will have lie  notwithstanding upon the former conversion for the return of the good after  will go only in mitigation of the damage and as to the pretend usage that be  of little account it may be compare to the doctrine among the army that if a  man come into the service and bring his own horse the property thereof be  immediatel alter and vest in the queen which I have already condemned the  defendant be find guilty as to part and not guilty as to the rest be ill lie  in the declaration see administrator bill of exchange c trust
baldwin versus Tudge c b any amerciament of a freeholder must be afeard by  freeholder of the manor or debt will not lie for it debt for a amerciament in  a courtbaron against a freehold tenant of the manor upon nil debet it appear  in evidence at the trial at Worcester before Mr justice clive by a entry upon  the courtroll that the defendant be amerce and that the same be afeard by two  affeerors who name be set down there but it be object that it do not appear in  proof that the two affeerors be freeholder of the manor and that point be  reserve for the opinion of the court after argument at the bar by sergeant  prime for the plaintiff and sergeant will for the defendant the whole court be  clear of opinion that a amercement of a freehold tenant in a courtbaron must  be afeard by his peer that be to say by free tenant of the manor and find  their judgement upon great Charta c and f n b vo within bounds pity fol  whereby it appear that the affeerment shall be per Probus regales man de  vicineto which mean per pares de vicineto and none can be peer of a freehold  tenant but a freehold tenant of the same manor in this particular case  Fitzherbert be a very great lawyer and the clear writer in the law and where  he say that by the statute of great Charta every amerciament in a courtbaron  ought to be afeard by two tenant of the manor he must mean freehold tenant for  they be proper the tenant of the manor for the courtbaron at commonlaw be the  freeholder court of which they be the suitor and judge and when all the  freehold tenant be go except one the courtbaron be go too Wilson king bench  and therefore as it do not appear that the arnerciament set upon the defendant  be afeard by his peer they hold that this action do not lie and give judgement  for the defendant note Probus regales man de vicineto must be take and  construe secundum to throw under means they may mean the freeholder of a manor  or of a county c Wilson king bench er p
bale against Kendal ante pl modern pl register a prohibition be grant Weston  pray prohibition to the archdeacon of Richmond for the plaintiff schoolmaster  of Rumbalkirke be put out of his school for teach without licence and another  place there and the plaintiff cite to show cause why he teach school without  licence and per curian where the patronage be not in the ordinary but in feoff  or other patron the ordinary can put a man out but they may cite to show cause  why they teach school without licence and the party may plead his licence  Keble er p there and the court will not prohibit and as to the citation for  put out the court order the party to show cause and after grant prohibition
bale and bale amendment in ejectment of the rectory of Humberston and other  tenement army pron  interrog  to go into in property prediction after verdict  and judgement de rectoria property predict bigland pray a amendment of the  declaration send non allocatur for this may attaint the jury but on such  omission in judgement or act of court it be amendable but not of the  declaration but the court conceive it well enough and that the word tenement  include rectory whether there be glebe or not and not so of a manor c Keble er  p
bale case ordinary roll modern pl Weston pray a prohibition on repeal of a  licence to teach school and then libel against the schoolmaster for teach  school without licence suggest his election and that it be his freehold send  non allocatur in regard they have jurisdiction of the thing in general post pl
bale con proctor car f after purchase and fine and above thirty year quiet  possession without payment or suit the annuity not relievable here the bill be  to be relieve for message which the plaintiff insist be descend unto he in  tail whereof the plaintiff father Elizabeth suffer a recovery to one Garnet  and John bale and their heir and covenant to levy a fine the same year in  consideration of pound to be pay to he and also to be relieve for two annuity  of pound per annum to be grant out of the say premise by the say recoverors  during chancery report er p his life which the plaintiff insist be not pay and  so the premise ought to descend to he in tail chancery report the defendant  insist that they be purchaser for valuable consideration and plead and  demurrer for that a recovery will bar a estatetail without a fine so as than  only point of equity in the plaintiff bill be for nonpayment of the say pound  and the two per Ann annuity suppose to be in Elizabeth which the defendant  proctor be a purchaser at the first have hope he shall not be now compel to  prove payment of be sixtyfive year since the annuity be due and thirtyone year  since the death of the plaintiff father who all his lifetime never complain of  it and in James a fine be levy by fairclough against bull and other then in  possession and another fine unto the defendant and his trustee by one Sambrook  under which fine the defendant claim and in car the plaintiff wag nonsuit on a  ejectment bring and the defendant Hansley and his wife claim under the say  recovery and a fine levy in James of the message this court dismiss the  plaintiff bill
ball against Blackmore prohibition Richardson move for prohibition to the  admiralty show the libel by which it appear that the cause be intra to flow  refluxum maris of which quaere if they have cognizance Keble and it be grant  nisi causan c I Leonard pl
ball against young hill geo ill prac ring S c venue not to be change after a  summons for time to plead ante p Vid costar v stand ante p and case there cite  cook a motion to change the venue and rule to show cause grant on show cause  it appear that after the rule to plead be out the defendant apply to a judge  for time to plead and pen the summons move to change the venue per cur he  shall have apply to change the venue soon the rule must be discharge
ball and Fitzgerald how far a affidavit shall be say to be sufficient or not  to discharge a person out of custody on account of his be a servant of a  ambassador on rule to show cause why the defendant shall not be discharge out  of custody for be a servant to a ambassador Mr reeves say that the word of the  affidavit upon which the rule be make only be that he be hire in quality of a  domestic servant to the ambassador and do what service he require of he but he  object that it be not swear that he actual serve the ambassador in the  capacity he be hire in and beside he say the defendant have style himself  apothecary in the affidavit and by a express clause in the Act which give  protection to ambassador servant no one be entitle to such protection who be  liable to a act of bankruptcy the attorney general on the other side say that  by the defendant style himself apothecary it do not appear that he be any  thing more than a journeyman and in such case he will not be liable to become  bankrupt and as to the other objection he submit it that the affidavit be  certain enough but the court say it be necessary that the defendant shall have  swear that he actual serve in the capacity he be hire and upon that discharge  the rule
ball and knight a action be bring on a policy of insurance in the mayor court  of Bristol where the plaintiff have a verdict and judgement of which a writ of  error be now bring Mr reeve for the plaintiff in error take these exception a  jury be return and some not appear therefore secundum experience spear predict  a jury be make out de A standing round secundum stat in tall grammatical case  to will whereas the stat h c extend only to trial by nisi prius and therefore  a tale be not grantable at a trial at bar nor can this be make good by the  custom for the statute be rely on and beside the court be set out to be hold  by patent which FitzGibbon er p destroy the custom to which Mr Philmer answer  that the custom be make the warrant for award the tale and then the secundum  form set up be surplusage now the court be from time immemorial and then the  patent be a confirmation of the jurisdiction and of its custom and so hold the  court Fitzherbert Gibbon except the declaration do not show when the adventure  be to begin for when it come to that it say the adventure to begin on so that  the ship may be lose before the time of the adventure and then the insurer be  not liable and therefore upon the face of his declaration the plaintiff have  not entitle himself to his action cro Philmer the verdict help it and beside  the blank may be fill up after verdict cro Lord chief justice Raymond that  shall have be do below for now the record be before we by writ of error it can  be do if the loss have be before the adventure be to have begin the plaintiff  can not have have a verdict and the rule be general that a verdict will supply  the omission of a thing that be necessary to be prove at the trial and  therefore in the case of Hudson and Jones the want of attornment in the  declaration be help by verdict the case cite be long before the statute of car  suppose no day then the adventure must begin from the make of the policy but  let the case stand over
ball plaintiff against strike together defendant a presentation with a  averment custom of Torcester c Ro Rep in a case of prescription notam by coke  chief justice if one prescribe to have the die of all the clothes in such a  place he ought here of necessity especial to aver that he be sufficient for to  die they as the custom that one have in Torcester to have a common bakehouse  he ought to aver that his oven there be sufficient to serve they all and this  be sir George Farmors case against brook mich Elizabeth in b r
ball vers the hundred OF WYMERSLEY in Northamptonshire what be a good notice  within Geo c in a action against the hundred vide Whitworth v the hundred of  Grimshoe will hundred c bull l n p upon a case make at the assize on the  statute of hue and cry it be state that soon after six in the morning the  plaintiff be rob at two mile and a half distance from Northampton and the  highwayman cut his bridle and stirrup throw they into a ditch and turn his  horse lose that the plaintiff recover they remount road through a village call  cotton where be give no notice meet three man on the road who he inform of the  robbery and arrive at Northampton by seven of the clock and give notice to a  innkeeper there from whence he go to Rotberthorpe three mile off where the  highconstable live and between eight and nine give notice and whether this be  sufficient to maintain the action within Geo c which require that the party  rob shall with as much convenient speed as may be after the strange robbery  give notice to one of the constable of the hundred or to some constable of  some town parish village hamlet or tithing near unto the place where such  robbery shall happen be the question and the court on argument hold it to be  good notice for the high constable be the proper person to go to and it be not  require be must go to the next constable it appear the plaintiff lose no time  consider the circumstance he be in and Rotherthorpe be not at such a distance  but that it may come within the meaning of the word near so the plaintiff have  judgement
ball versus cock Mod vide before a fine be acknowledge before Herbert chief  justice by a man and his wife December and by reason that the late king James  have desert the kingdom and take away the great seal there follow a stop of  proceed at law and the woman die the that of February follow and upon the d of  February the king silver be pay as upon a writ of covenant in king James time  though no writ be then sue out but afterward a writ of covenant be take out  returnable Ventris in Michaelmasterm last which be seal with the seal of king  William and queen mary and the fine be engross and make as a fine in  Michaelmasterm and this present term it be move that the fine may be vacate  and the book of h foe be cite where the cognizance of the fine be in the time  of r and afterward a writ of covenant be sue in the time of Henry the seven  which be show to the court they stop the fine though it be say in that case  that it be the common course to take the acknowledgement of fine and then to  sue out a writ of covenant but they say they will not permit a precedent that  a acknowledgement of a fine shall be in the predecessor king and the writ of  covenant in the time of his successor but the court after the cause have be  twice move and full consideration of it give their opinion seriatim that the  fine shall stand for the enter of the king silver after the party death can  not be now examine in regard the fine be engross and complete as a fine of  Michaelmasterm and so be farmer be case hob and Carills case dyer b the court  will not stop a fine take of a feme covert when she be dead roll Rep note  several precedent be show where fine be set aside for undue practice in the  pass of they videlicet in case of personate fine take by commissioner of  infant c Ventris er p
ball versus cross inhabitant of a chapelry be liable to the repair of the  motherchurch unless exempt by custom not where there be only a late erection  holt S c the inhabitant of a chapelry within a parish be prosecute in the  ecclesiastical court for not pay towards the repair of the parishchurch and  the case be those of the chapelry never have contribute but always bury in the  motherchurch till about Henry the eight time the bishop be prevail on to  consecrate they a burialplace in consideration of which they agree to pay  towards the repair of the motherchurch all which appear upon the libel and  holt chief justice hold that by commonlaw the parishioner of every parish be  bind to repair the church but by the canon law the parson be oblige to do it  and so it be in foreign country Salkeld in London the parishioner repair both  church and chancel though the freehold be in the parson and it be part of his  glebe for which he may bring a ejectment Salkeld er p in the principal case  those of a chapelry may prescribe to be exempt from repair the motherchurch  for it bury and Christian within itself and have never contribute to the  motherchurch for in that case it shall be intend coeval and not a latter  erection in case it those of the chapelry but here it appear that the chapel  can be only a erection in ease and favour of they of the chapelry but they of  the chapelry bury at the motherchurch till Henry the eight time and then  undertake to contribute to the repair of the motherchurch
ball versus cross Trin I W m salk upon a prosecution in the ecclesiastical  court against the inhabitant of a chapelry for not pay towards the repair of  the parish church it appear on the libel that they never have contribute but  always bury in the mother church until about the time of king Henry the eight  when the bishop be prevail upon to consecrate they a burialplace and in  consideration thereof they agree to pay towards the reparation of the mother  church by holt CJ at commonlaw the parishioner of every parish be bind to  repair the church but by the canon law the parson be oblige to do it and in  London the parishioner by particular custom repair both church and chancel  though the freehold be in the parson here those of a chapelry may prescribe to  be exempt from repair the mother church where it bury and Christian within it  self and have never contribute to it but in this case it appear that the  chapel be only a latter erection in case and favour of they of the chapelry  they have bury at the mother church till Henry the eight S time and then  undertake to contribute to the repair of the same
ball versus hesketh at the sit at guildhall London in person holt CJ the  relation OF Mr Danvers infant borrow money and at full age promise payment he  be bind rule that where the defendant under age borrow money of the plaintiff  and afterward at full age promise to pay it he this be a good consideration  for the promise and the defendant shall be charge
ball versus Richard vent where all must join in a writ of error vide Str error  of a judgement in ejectment against several defendant and the writ conclude ad  damnum Self which must be against all when it appear by the record that the  judgement be against three and that all the rest be acquit per curian yet the  writ of error be well bring for all must join in the writ which be only a  commission to examine error and ad damnum Self may be intend only of those who  be find guilty videlicet that they be damnified by this judgement error
Ballantine versus Irwin mich geo c b what be not let a bailiwick to farm debt  bring by a sheriff against his bailiff on a bind give to the sheriff to  execute all precept to arrest without fraud to bring in bailbond and to pay to  the sheriff or undersheriff S and d as a fee for every defendant name in every  warrant in mesne process and to do several other thing which belong to his  duty to execute his office faithful and to indemnify against escape the  defendant plead special to every particular condition that he have perform it  and plead that he pay this d for every name in every warrant on mesne process  the plaintiff reply that a capias be take out against I S and a warrant grant  and he do not pay the d the defendant rejoin the statute h and statute Geo  that no sheriff shall let or set office of sheriff undersheriff or bailiff to  farm c plaintiff demurrer hold per cur this be a lawful bind of indemnity to  the sheriff and no let to farm and the d be express allow as a fee to the  sheriff for the arrest beside neither fortescue of the act make the bind void  for let to farm beside it be a departure in the defendant to plead first he  have pay the d and then rejoin he ought not to pay it and he plead a plea at  commonlaw and then rejoin a statute which be nought
ballard against ballard a purchaser of the share of one parcener can join in a  writ of partition with another of the parceners Elizabeth Mullineuxs case palm  sir Edward mullineux devise by his will to his young son twenty noble per and  and to the other several sum annual to be pay and devise his land to his old  son upon condition that he shall pay such a sum and upon default of the heir  that the executor shall have it and pay the same if they fail that the say  devisees shall retain the heir and the executor do not perform the condition  the young son enter and adjudge that his entry be the entry of the other by  Noy attorneygeneral lend read three coparceners of land in gavelkind in  reversion dependent upon a estate for life the young alienee his part by fine  in fee and the tenant for life die the old son enter into the whole and the  middle brother and the alienee bring a joint writ de partition to make upon  the statute h c against the elder brother who plead the general issue S that  they do not hold together and by undivided c and upon the evidence the case  appear as above and thereupon the defendant demurrer in law and the jury be  discharge and by the opinion of Portman brook Stamford brown hare and baker  the action be not maintainable as above for they be entitle to several writ of  partition the one to the writ of coper canary at commonlaw the other by the  statute but they can join and also quaere whether the entry of the old give  seize to the other or not which be difficult to the stranger as I believe a by  the alienation of one coparcener the other and the alienee become tenant in  common light sect and   light b and note there and the entry of one tenant in  common serve for all see hob and the book cite there and Cowp burr black Rep a  dyer b er p
ballard against ballard in a warrant chart the plaintiff show that he and a be  seize in fee and so seize that a release with warranty for he and his heir to  b and his heir without say contra all men gentes and the writ be of two  message and half a acre in saint clement Dane c and the deed of release be as  it appear upon demand and upon sight of parcel of the land cum edificatione  upon it with the buttals contain in length from east to west foot c and in  breadth from north to south foot and upon that the defendant demurrer and it  be adjudge against he and it be resolve that the count be good although it be  not show by what mean or conveyance they be seize or how they be seize for if  they be tenant in common the release be not good or that they be joyntenants  but otherwise it be when a tenant in a real action plead joyntenancy in  abatement of the writ see for that difference e e and now agree by the court  the variance between the writ and the deed be not material because the  plaintiff in his writ ought to demand it in form accord to the register also  it be not any prejudice to the defendant for the recovery shall be only accord  to that which the plaintiff demand that be a general warranty and a war char  lie upon it although he do not say wear down all men gentes we Rep and  judgement now give accord Noy er p
ballard v Hobbs Lord keeper Worthington Nov demurrer in the petty bag make a  concilium and order to be argue and afterward overrule the order of this day  state that the plaintiff have bring a action in the petty bag against the  defendant and declare for the sum of pound due to he to which declaration the  defendant have demurrer and the plaintiff have join therein and upon read the  record it be order that the same be make a concilium and that the demurrer  shall stand in the paper of cause to be argue on the that of the same month of  which notice be to be forthwith give the demurrer be bring on Nov but the  defendant not appear and service of the above order be prove it be order that  the demurrer shall be overrule and that the plaintiff shall have judgement  against the defendant
Bamborow v alexander decree for copyhold land a decree be make for the  defendant to enjoy certain land as well copyhold as customary Bamborow  plaintiff Alexander defendant year Elizabeth v
BAMFIELD against Warwick arbitrement in debt on obligation condition to  perform a award which the defendant after oyer set forth which be of all  demand and by the award it appear they have notice of two cause which they  have not determine the first be that the defendant pay livre deduct charge of  suit and damage for livre which be uncertain also it be to pay amends for  tithe without other certainty which be all on one side and so void wile pro  plaintiff except to the plea because the ita quod be that the award be make by  the umpire on or before the that of July and the award set forth be before the  that of July which be not sufficient without show there be no other award make  on the that of July which Jones agree have the plaintiff demurrer upon the  award but here he agree the award set forth and assign a breach to which the  defendant demurrer but by Keeling and Windham clear the plea be ill the  plaintiff have sufficient cause of action by suit on the bind and the award be  set forth by the defendant the plaintiff shall have judgement albeit the award  be void Moreton ad idem Twisden incline the award be agree by reply and the  supposition that there may be another award by the arbitrator will not entitle  the plaintiff Adjornatur
BAmFIELD v ersus brown ejection strong in a ejection strong upon a trial at  the bar evidence be give that sir John brook Lord Cobham seal a indenture of  lease of black acre green acre and white acre and by letter of attorney recite  that whereas he have make a indenture purport a demise of black acre and white  acre omit green acre as by the same more at large appear c give power to  deliver it as his deed upon the land and also by word of mouth command the  attorney to do the same thing and roll incline that the letter of attorney be  insufficient in respect of the omission but Bacon contra clear because there  be a description sufficient to show it to be the same lease but both agree  that in debt for rend upon a demise such a mistake in the declaration be fatal  because there he take upon he to recite the demise upon record as it be make  upon a contract which be entire a omission of part make it not the same demise  and the action be find upon it but here he be only to describe it in pais but  they hold that the party may deliver the lease by virtue of the authority give  he over as far as notwithstanding the letter of attorney but then be must  swear he do it by virtue of that for if he do it by virtue of the letter of  attorney the other authority will not avail the delivery and it be say that he  can not deliver it by virtue of both authority quod quaare alein report pasc  car banc king
ban v Farquharson Reg lib a fol may bank v Farques Ambl S c at the hear of  this cause the precede Friday the defendant poduced a declaration of trust of  ten sunfire share execute by William Watts since dead and a bankrupt of who  the plaintiff be assignee and witness by James sterling of hill in Scotland  and John Bland since dead the defendant not have prove the death of Bland and  that sterling live in Scotland he be not admit to prove the handwriting of the  say WilliaiL Watts to the declaration of trust and the same be not admit to be  read in evidence the cause be put off until the first day of the next term Mr  solicitor general and Mr Wilbraham on behalf of the defendant allege the above  fact and that the say declaration of trust be proper evidence on the Gam be of  the defendant apply this day for liberty to exhibit a interrogatory to prove  the handwriting of the say William Watts and the handwriting of the say James  sterling and John Bland the witness inasmuch as Bland be dead and sterling  live out of the jurisdiction of the court which be order Mews dig evidence IV  c will VIII d
BANATON and morris the defendant and another be bail for I S in a action bring  against he by Trevisa who recover and bring a to know facias against the bail  joint and have judgement in the to know facias one of the bail die and after  Trevisa die his executor bring a to know facias against morris the survivor of  the bail to which he demurrer holt two be bail and the plaintiff bring a to  know facias against they both now hereby be the election of the plaintiff to  make the recognizance joint or several at his will determine and be compare it  to the case of a obligation and be a personal lie it shall survive c but  sander answer that by the to know facias nothing be recover this mereby a  thing relative and now this to know facias be to revive the first recognizance  and need not take notice of the judgement in the to know facias and that  therefore the plaintiff here have the like election as Trevisa have Jones  justice ask he what if execution have be for part he say then he must show it  and pray execution for the residue adjornatur
banbury S case hill W salk holt c j if action of trespass be bring for a  trespass do in land belong to such a house though it appear at the trial that  the plaintiff have no title to the holt KB er p house yet the court can give  judgement to turn he out because it be not judicial before they and every  judgement must not only be complete but also formal therefore if a quo  warranto be bring against the defendant for usurp franchise and the court  shall give judgement that he have no title unless they go on and say quod from  that source to shut out it be ill so in debt upon a bind if the defendant  plead auterfoits acquit in a action on the same bind and the judgement be that  be the defendant shall recover damage eat ind without die this be nought  without say further quod to express grief nil to take in hand per billam  because dismission be no judgement in a court of law and a judgement shall  have relation to the first day of the term as if it be give on that very day  if there be not a memorandum to the contrary as where there be a continuance  of the cause till another day in the same term
banbury versus newland corpse Prist Unc Prist covenant for that the plaintiff  lessed to the defendant certain tithe and the defendant render rend and enter  into bind for security the defendant for part plead payment and for the other  part tender without uncore priest and for the other part that he be ready to  make the obligation this by wile for the plaintiff be not sufficient but he  must do it at his peril which the court agree and judgement pro to express  grief per curian nisi also for every several point he shall have put himself  upon the country because the plaintiff have allege non to loosen but otherwise  issue shall be take by the plaintiff which the court agree
banc sup arraignment for manslaughter memorandum this day by rule of court my  Lord chandois and count Arundel be again bring to the bar and arraign for  manslaughter chandois as principal and Arundel as accessary for kill Mr Henry  Compton in a duel they confess the fact and crave their clergy and peerage by  the statute of Edward Rut because the court doubt whether he statute be repeal  or not and in regard the prisoner be not Willing to lie long in prison the  court refuse to bail they because the fact be notorious they waive their  peerage and pray their clergy as commoner of England whereupon the ordinary be  call who appear and bring his book which be a fair Latin psalter the court  call for the book and see it to be Latin command he to bring a English book  which he do but because the officer be not provide who shall have burn the  prisoner in the band the court will not then hear they read though the  prisoner urge it but they be order to be still in custody till another day and  then to be bring again
BANCOMB against AYLWIT ordinary error on judgement in debt in c b after  verdict by administrator to who administration be say to be commit by the  archbishop of Canterbury not say loci of order which the court conceive well  be after verdict contra on demurrer for if the administration belong to the  archbishop of York its void judgement affirm echo proffer letter of  administration per curian
BANDALS case in Judicial act the sheriff can make a deputy bandal bring a writ  of dower against her son to be endow of certain land which her husband father  of the tenant die seize of the writ issue to the sheriff to inquire of the  damage and the sheriff make a warrant to one Wallis to take the inquest  Anderson and walmsly be of opinion that the law be not so as that he can make  a deputy in that case because it be a judicial act the which the sheriff ought  to do in person and differ from that where they serve profess as a servant a  action of debt be bring upon a obligation the condition of which be to perform  all covenant comprise within certain indenture bear even date with the  obligation and in truth the obligation and the indenture be both without date  the court say that they ought to have aver a date of the obligation and aver  also that the indenture bear the same date with the obligation
bane and loud Friday November ordinary sergeant Weston pray a prohibition to  the prerogative court of York on libel there against the plaintiff for a  orphan portion and to deliver up the body to custody of the defendant because  the ecclesiastical court have nothing to do with the body which Rainsford  chief justice and Jones agree and though the parent have make no disposition  thereof by car cap yet a prohibition award nisi for the ecclesiastical court  can meddle with the body but only with the portion
banister v JOANES an ancient deity the plaintiff be take by a excommunicate  capiend a supersedeas be award because the Writ be make contrary to the  statute out of term and without return banister and other plaintiff Joanes  defendant year Elizabeth
bank against brown in a ejection firm he sue upon a demise of a copyhold by  indenture by sir Francis knowls this point be resolve that if the lord of a  copyholder for life demisable by be shilling rend lease it by indenture to the  copyholder and two other for their life render be shilling rend by which it be  with h read the statute and it be not material although the herriot be lose  because it be mere causual we Rep
bank against Goodwin Saturday June arbitrement in action sur case for  nonperformance of a award make by sir John Pakeman which be that the plaintiff  shall pay livre and that this shall be a end of all demand the plaintiff set  forth that the defendant sue he in trespass and put he to livre charge to  which the defendant demurrer and Pemberton except to the declaration that this  award be void be a release of the promise of submission and the mean of  recovery send non allocatur that this shall be a end of all demand be intend  after performance and judgement pro plaintiff nisi
bank against smith hill car rot rend in debt for rend the defendant plead that  before the lease for year make bank make a present lease for year to one Allen  by who attainder the Keble er p possession be actual rest in the king to which  the plaintiff demurrer and per powis pro plaintiff the lease for year be by  bargain and sale which supply attornment but per Pemberton pro defendant have  the first lessee actual enter on the second and evict he the rend reserve on  the second have be suspend and the rest in the king do tantamount the lease be  but by estople and if the plaintiff will have use it as grant of reversion be  must have show that the first lessee be in possession and he be so in  possession bank for livre do demise and grant to they for year which without  word of bargain and sale will be suffficient to avoid it which the court agree  but here be no entry or eviction plead the king possession will not amount to  a eviction unless the second lease be without any consideration a bare lease  and per curian the lessee election be determine by say army pron  interrog   dimission the defendant enter and be can after use it as a bargain and sale  also if election be make as grant of reversion he must show what rend be  reserve upon the first lease and man must plead deed as they will use they  Adjornatur
bank against trippet arbitrement Siderf pl in action sur case on promise that  if the defendant do not perform the award of I S he will pay whensoever he  shall be request if the plaintiff will pay c if he do not perform c and so  show forth the award the defendant say the submission be of all cause and that  new matter arise before the award to which the plaintiff demurrer and per  curian this be not by deed nor ita quod it be good enough the defendant except  to the declaration that here be no special request allege as Methold against  peak and this be collateral matter and no precedent duty as on accuse  computasset as leech against Brumsell there must be a special request which  the court agree and judgement pro defendant nisi
bank and prat Trin banc sup hill rot error to reverse a judgement in a action  upon a promise a writ of error be bring to reverse a judgement give in the  commonplea for a attorney in a action upon the case ground upon a promise that  the defendant will pay he such fee as shall grow due to himas a attorney in  prosecute such a suit for he in the commonplea and for prosecute another suit  for he in chancery as his solicitor the error assign be that he do not show  particular how he have lie out the money but only express it general that he  have expend and there be due unto he such a sum of money that the style report  er p promise be that the defendant will pay he the fee so long as he shall  continue to be his attorney and to prosecute for he and it do not appear that  he continue to be his attornV and to prosecute for he during the suit and to  make the first exception good take and sir though Walsingham case late style  report adjudge be urge but as to that exception roll chief justice answer it  be not necessary to show particular how the money become due and be expend for  this will make the declaration too long and though the plaintiff as have be  object shall bring another action for the same thing yet you may plead this  recovery in bar general against he and as to the second exception it shall be  intend he continue to be his attorney if it appear as it do that he prosecute  for he therefore show cause Friday next why the judgement shall not be affirm  postea
bank versus Barker hill James rotulo in a action of trespass the venire facias  be well award upon the case of the venum in Westown and of the manor of d and  the writ of venire be mistake to wit of the venum of Westown Brownlow  goldsborough er p and exception be take after trial the court be move for the  amend of the venire facias by the roll and it be deny because the jury do come  of another venum then they ought by the law of the land to come and therefore  can not be amend but afterward the Brownlow goldsborough court seem to be of a  opinion that the award of the venum in the roll be mistake because it be of  the venum of the village and maDDor and it shall have be of the MaDT101!Offly  be to try a custom of the manor
bankrupt in prison on a mesne process at the suit of a pray that a may make  election whether he will come in under the Commission or take his remedy at  law per Lord Chan a may make a special election to take his remedy at law and  to come in under the Commission equity case abridge so far as to prove his  debt and assent or dissent to certificate because that will not the word not  be not in the original affect his remedy at law but he be to waive any  dividend or further benefit under the Commission and a accord make his  election mich ex part Hosey vin Abr pl
bankrupt wife can be examine against her husband to prove his bankruptcy but  may by statute touch discover his effect per Lord Chan Parker hill ex part  James will Rep but the bankrupt himself may be examine touch his own  bankruptcy by statute Geo per Lord Chan Parker ibidem
BANSAND pratt Trin banc sup hill rot error in a action of the case by a  attorney for fee and solicit Pratt bring a action upon the case against bank  upon a assumpsit to pay he such fee as shall be due unto he as his attorney in  prosecute a suit for he in the commonplea and such money as he shall lie out  in sollici ting a suit for he in the chancery and upon nonassumpsit plead a  verdict be give for the plaintiff and a judgement thereupon the defendant  bring a writ of error in this court and assign for error that the plaintiff do  not show particular what sum of money he have lie out for he nor to who he  have pay it as he aught to do and take and sir Thomas Walsingham case in this  court be cite to prove it that the assumpsit be that he shall pay he his fee  so long as he shall continue to be his attorney it appear not that he continue  to be his attorney in the suit wherein he suppose he prosecute for he but for  the first exception roll chief justice say that it be not necessary to set  down particular the several sum of money he have lie out for this may make the  declaration tedious and if the plaintiff shall as it be object he may bring  another action for some part of the money recover in this sit you may plead  this recovery general in bar of such action and as to the d exception it shall  be intend that he do continue to be his attorney if it appear as it do that he  prosecute for he the case be move again the next style report term and the  former exception only insist upon but roll chief justice overrule the  exception and affirm the judgement before
BANVILL v BANVILL to stay suit in the spiritual court the suit be to stay suit  in the spiritual court for a legacy of forty pound Joan Barivill widow  plaintiff guy Banvill defendant year Elizabeth
bar against desman see baron feme Br Cr pl I Brownl pl Cr pl if the sheriff  return take hold corpus the wife may have a idem die Cr h die and upon a  exigent if the feme will appear she shall be receive and he have a idem die  and so if he be outlaw the wife appearance may be receive and when the husband  come in by process after he shall not be receive as Mayherns case till he  bring in his wife the case at bar be a action of debt against baron feme upon  the latitat the feme appear and shall be accept per curian but where the feme  be in execution she shall not be discharge nor can the lady Baltinglass who be  in custodian only upon process but per curian she ought to be discharge and  that without bail if it appear upon the writ that she be a feme covert but if  she be sue as a feme sole she shall put in bail and per Twisden it be a  unreasonable course that the wife because she can appear by To give back see  but in custodian therefore she shall not be dismiss as in c b else will this  be as good as a divorce a continual non be invention be return against the  husband and no declaration can be against her and so she shall be always in  prison and the clerk conceive by the course of the court she can not appear  and discharge her self say adjornatur to search precedent Keble er p
bar against Desmond ante in baron feme Br baron feme powis pray she may be  discharge as in c b Cr h be but a arrest on a mean process and to say she be  in custodian be no reason because when he come in he shall find bail for  himself and his wife and so the plaintiff may declare against they both in  custodian and per curian she be discharge nisi Twisden say three opinion have  be one that she shall lie in prison till the husband come in which be  unreasonable that she ought to file a common bail if another will be bind for  her which may prevent a fraud in arrest her at the beginning of a long  vacation this the court conceive reasonable but at the election of the wife  whither she will or no the three that she ought to be discharge without bail  which the court also conceive reasonable and so award here
bar by the statute of limitation shall be pay for they be debt in equity and  the duty remain the statute have not extinguish that though it have take away  the remedy salk vern Goston v mill S p decree
bar vers Satchwell where a to know to make be return the court will not set it  aside for want of notice vide term Rep note a to know facias be returnable on  the general return day which be Sunday and strange report er p not serve till  the Monday on affidavit whereof sergeant Whitaker move to set it aside the  sheriff have return a to know to make say per curian if that be a false return  the defendant will have his action against the sheriff but we will not try the  truth of the return on a motion to set aside the proceed
barber against fox ante heir in consideration the plaintiff will desist from  sue the defendant as son and heir he will pay sander pray judgement here be a  sufficient consideration without mention that the heir be bind in the  obligation be after verdict as Hub Bidles case but per curian in the latter  case a cause of suit be intend on general forbearance but here it be  particular show that the defendant be not suable but as heir therefore the  plaintiff must show he be bind as if the testator have make I S executor and  in consideration of forbearance to sue he he promise to pay he must show be be  Chargeable contra on a general forbearance to sue and per curian judgement pro  defendant for verdict aid not want of consideration
barber against pomeroy mich banc sup enter hill car rot or arrest of judgement  in a action of debt for rend barber bring a action of debt against pomeroy for  arrearage of rend due for year and for capon the defendant plead nil debet  upon this a issue be join and a verdict find for the plaintiff the defendant  move in arrest of judgement and take this exception that the plaintiff of his  own show have demand more than be due so ought not to have judgement the  question here be whether the plaintiff may not relinquish that part which be  not due and have judgement for so much as be due yard of council with the  plaintiff hold that he may and cite Godfryes case Rep f b and Hubbards case  Rep and pray for judgement Twisden of council on the other side pray judgement  may not be give and be agree the case cite by yard and cite other case of the  same nature where the plaintiff may release part and have judgement for the  rest but he say that here the thing be entire and can be apportion for then he  shall falsify his own writ Edward but roll chief justice hold that the  relinquish of part be not the falsify of his own writ although the thing  demand be entire for he may as well release after the writ bring as before and  there be no question but he may have release part before and he may release  where there be a ill demand as well as where a demand be good Jerman justice  hold that judgement ought not to be give for he say that the reason of the  case cite be not like to the reason of this case for here the verdict be not  give for the same sum which be demand and it do appear that here be a unjust  demand and it be his own fault and if the defendant have demurrer upon the  declaration it will have be adjudge no good declaration but Nicholas and ask  justice agree with roll chief justice and so judgement be give for the  plaintiff except better matter shall be show on Saturday next style report er  p
barber against winter infant if a infant be sue he shall be in custodian and  shall not be deliver by appearance per guardianum without special bail which  the court say he must find though he can secure they because as to this  purpose there be no difference betwixt appearance by guardian and attorney
barber and crying Euhan when a judgement be enter up on a warrant of attorney  how far the court will set it aside by reason that the warrant of attorney be  forge this be a irregularity of a judgement that be refer to the master the  master report that the judgement be enter up upon a warrant of attorney but  that the warrant of attorney be forge by the plaintiff upon this the court set  aside the judgement and award restitution and order the plaintiff too to be  indict
barber and TOPESFEILDS case a be tenant in tail of certain land exchange the  same with b b enter and be seize in fee of other land devise several parcel  thereof to other and among the rest a particular estate unto his heir proviso  that he do not reenter nor claim any Godbolt of his other land in the  destruction of his will and if he do that then the estate in the land devise  to he to cease a die his issue enter into the land in tail and waive the land  take in exchange and before any other entry the heir of b enter upon the land  which be give in exchange and the opinion of the whole court be that it be no  breach of the condition because that be not the land of the devisor at the  time of the devise therefore it be out of the condition mich Elizabeth in the  common plead
barber assignee of the sheriff against Satchwell on a bailbond trin geo by a  judge order defendant be allow two day time to plead which expire that may on  the day follow saint may oyer of the bailbond be demand which de barn man  after the time for plead expire plaintiff look upon as a nullity and sign  judgement which be hold to be regular and the rule to show cause why the  judgement shall not be set aside be discharge the court seem to think capital  crime justice solus that it be reasonable oyer may be demand any time before  judgement but will not overturn the establish practice Skinner for defendant  will for plaintiff
barber versus Dennis Trin Ann B R refer to Evans v Walton l r c p morrison v  Thompson l r Q b Mod Cas whatever apprentice gain belong to the master and he  may have action for it skin a watermans widow take a apprentice who go to sea  and earn two ticket which come to the defendant hand the widow bring trover  for the ticket Salkeld er p and have judgement for what the apprentice gain be  gain to his master and whether legal apprentice or not be no way material for  it be enough if he be so de facto a a r send for ves vide hark no to   Litt a  saint Ann c g c Str ves Salkeld arbitrement
barber versus fox sand keb see salk far lev n Lutw side Trin car rot in a  assumpsit the plaintiff declare that the ancestor of the defendant become bind  to he in a certain sum and afterward die and that he demand it of the  defendant be his heir and the defendant in consideration that the plaintiff  will forbear to sue he for such a time promise he will pay he to this the  defendant plead non assumpsit and a verdict be find for the plaintiff it be  move in arrest of judgement for that at the time of the promise there do not  appear that there be any cause of suit against the heir for it be not set  forth that the ancestor do bind his heir and the consideration be not here to  forbear to sue general but to stay a suit against the defendant who he can not  sue to which it be answer that after a verdict it shall be intend there be  cause of suit as hob Bidwell and Cattons case a attorney bring a assumpsit  upon a promise make to he in consideration that he will stay the prosecution  of a attachment of privilege and there hold that it need not appear that there  be cause of suit for the promise argue it and it will be presume and here it  be a strong intendment that the bind be make in common form which bind the  heir but judgement be give against the plaintiff for the court say it may be  intend that there be cause of action if the contrary do not appear which it do  in this case for the bind can be intend otherwise than the plaintiff himself  have express it which show only that the ancestor be bind and whereas it be  Ventris er p say by the plaintiff counsel that this will attaint the jury they  find assumpsit upon a void promise Ventris hale say there be no colour for  that conceit the plaintiff have prove his promise and consideration as it lie  in the declaration which be the only thing within their charge upon non  assumpsit modus form
barber versus palmer Trin will B R ld raym S c plea puis darrein continuance  be a waiver of the bar case B R S c if after a plea in bar the defendant plead  a plea puis darrein continuance this be a waiver of his bar and no advantage  shall be take of any thing in the bar b b cro et Yelv Freem bull n p Salkeld  er p
barchan against NETHERSALE a action upon the case be bring for say b be a have  mind man and none but he do burn my father barn and he do use to set fire of  barn about Michaelmas when they be full of corn Hadd that a action be not  maintainable because it be not surmise that there be barn burn about  Michaelmas also it be not show that they be near a dwell house yet adjudge for  the plaintiff
Barclay against green hilary geo defendant be outlaw while resident at Jamaica  for a debt contract in England and be abroad when the proceed to outlawry be  first commence motion by prime that the outlawry be reverse at plaintiff  expense with cost vide before Reilley against oconner Esq mich Geo rule make  to show cause upon show cause defendant appear to be a abscond person and that  the motion though in his name be not make by he but by a three person and the  barn er p matter appear to be a contention between creditor the court will not  exercise a discretionary power so as to relieve defendant in a summary way  plaintiff have have no recompense for his debt the court will not take from he  the legal advantage he have barn get defendant if he think fit may bring his  writ of error the rule discharge prime for defendant Davy for plaintiff
barcley and Howard when a writ of error be bring how far a certiorari may go  to inform the to be conscious of the court notwithstanding the party have  confess the error when a writ of error be bring and the defendant come in  gratis and plead in no one be erratum how far that shall be a confession of  the error upon a writ of error on a judgement by default in the common plea in  a action upon several promise want of a original and warrant of attorney be  assign for error the defendant in error come in gratis and plead in nullo be  erratum which his counsel now agree be a confession of the error but yet  submit it that the court may award certiorar notwithstanding ad to shape  knowledge curiae and the fact he say be that there be both a original and a  warrant of attorney the court accord declare their opinion to be that though  the party confess a error where there be none they may award a certiorari in  affirmance of a judgement accord to the case of Carlton and Mortagh which be  in Salkeld but yet they think it necessary that there shall be some evidence  give they that there be a original and a warrant of attorney upon which the  defendant in error counsel say he have a affidavit to that very purpose and  accord the court immediate grant one certiorari to the chief justice of the  common plea and another to the custos narrow places and a few day after in the  case of smith and dod the court order the cause to stand over in the paper for  the like reason though the party have not such affidavit present
BARCOCK against Tompson Trin banc sup error bring by the bail to reverse a  judgement give against the principal this case be again speak unto which be  this a judgement be give in the common plea against the principal without a  original upon this judgement there issue out a to know facias against the bail  two nichils return and thereupon judgement be give against the bail a writ of  error be bring by the bail to reverse this judgement and it be now argue by  hale of council for the writ of error that the judgement be erroneous becau  see it be give upon a to know facias which be a judicial writ it ought to be  ground upon a original and it not be so here it be error in fact although it  be not error in law to this it be answer that two niebils return upon a to  know facias amount to a to know to make and a judgement give thereupon be good  and therefore it be too late now to say that the to know facias be not well  execute brook Sc Fac car c b to this hale say there be a judgement against we  in the common plea so that we can urge nothing against the to know facias  there but here we may roll chief justice answer it be to some purpose to make  up the record upon the two niebils otherwise there will be no end of thing and  the judgement be well give by the judge and how can you now make error in it  and if you be inconvenience by the judgement you be not without remedy for you  may bring a hearing complaint and you may have plead to the to know facias nul  tiel record for it be not matter of fact and therefore show better matter why  the judgement shall not be affirm and take liberty to bring a hearing  complaint before
bare against stub arrest of judgement it be move in arrest of judgement that  the venire facias want these word et habeas ibidem nomina a swearer but the  word venire facias dvodecim c be insert and it seem by all the justice that it  be good and that the first word be supply in the Brownlow goldsborough last  and they be aid by statute of jeofails after verdict and so it be adjourn in  hearing complaint sue by the surety upon a escape make by the principal they  be in execution offer to bring the money into the court or to put in  sufficient surety to the court and so pray that they may be bail and it be  agree that if hearing complaint be ground by specialty or other matter in  write or upon matter of record supersedeas shall be grant before that the  party be in execution and if he be in execution he shall be bail but if it be  find upon a matter in deed which be only surmise he shall not have supersedeas  in one case nor shall be bail in the other case and so be the opinion of all  the justice in a action of waste for dig of earth to make brick estrepement be  award and upon affidavit that the writ of estrepement be deliver to the  sheriff and that he give notice of that to the party and he notwithstanding  that continue to make wnte attachment be award pasch James in the common bench
barefoot v fry injunction perpetual after five ejectment and two bill in  equity this be a bill prefer for a perpetual injunction to quiet the plaintiff  in his possession the defendant fry have bring five ejectment and be nonsuit  upon full evidence in three of they and have verdict against he in the other  two and have also bring two bill against the plaintiff one in chancery and the  other in this court which be both dismiss and the case of the earl of bath v  Sherwin in person Lord Cowper in upon a appeal to the house of lord wherein a  perpetual injunction be decree be cite Mr ware of counsel for the defendant  say that this be the first instance of attempt to obtain a perpetual  injunction upon ejectment bring at law and that Bunbury er p court of equity  have never decree it but upon a issue direct and not upon ejectment Bunbury  Lord chief baron Eyre at law a man can not bring the same real action twice  for the same thing but now ejectment be introduce in the place of real action  he may bring as many of they as he please at law and this be a reason why a  court of equity shall settle and quiet the right of people and after so many  trial grant a perpetual injunction and per totan curian a perpetual injunction  be decree and baron price say that since the decree in the house of lord in  the case of the earl of bath and Sherwin it have be usual to grant injunction  perpetual under such circumstance as be in the case now before the court  BaronPage say that in the case of Sherwin he claim under a voluntary deed  which occasion some doubt before the decree by the lord but the plaintiff in  the present case it appear be a purchaser for a valuable consideration so  there be no doubt at all but that a perpetual injunction ought to be decree in  the present case
barefoot wife against Loveday account in indebitatus by the plaintiff wife as  executor of reynell on account between her and the defendant for ware sell by  the testator in his lifetime to which another indebitatus be add on promise to  the testator on the sale it be except in arrest of judgement that these can be  join send non allocatur the judgement be the same in both in the to hold off  also the husband and wife may join be bare still as executor but a new trial c  Keble er p
Barentine v HANBERT a commission to the examiner of the court to examine  witness a commission be award to Thomas ware one of the examiner of this court  of chancery for the examine of witness in perpetual memory in which commission  the defendant c may examine if they think good Barentine plaintiff Harbert and  Alice defendant year Elizabeth fol Mews dig title evidence VIII perpetuation  of testimony take evidence
BARETON versus Stephenson and c pasch geo two venue in privilege may be in  remote county plea to a bind privilege of a attorney of common plea that they  ought not to be sue in the county of York where the suit be here but in county  of Middlesex per cur answer over there be no such privilege if it be bring in  the common plea it be enough
BARETT versus Milward all a to know facias be award against the defendant upon  a recognizance which they enter into as bail for a plaintiff in a writ of  error that he shall prosecute it with effect or pay the money if the judgement  be affirm they plead that he do prosecute it with effect and that the  judgement be not yet affirm the plaintiff reply protestand that they do not  prosecute with effect pro plea that the judgement be affirm by the justice of  the common bench and baron de step de la cois et hoc a preparation be verify  per record to which the defendant demurrer general because it be not allege  that there be six justice and baron present when the judgement be affirm for  Elizabeth c which give they authority require that there shall be six at the  least Ventris er p say non allocatur for the defendant shall then have plead  nul tiel record for if there be not six their proceed be in person non judge  notam if a certiorari be not return so that a alias be award the return must  be as upon the first writ and the other must be return quod ante arrival this  short catalog the matter be certify
Barfoot and FRESWELL and picard Friday may joinder in covenant against two on  demise of a colemine by two except the four part whereby its recite that  before seal of the indenture it be agree on consideration that the plaintiff  shall have the three part of the coal dig on demurrer to the declaration wile  except that here be no covenant to pay the three part but a recital of  agreement to have it but by hale chief justice be it but a recital that before  the indenture they be agree it be a covenant and so to say whereas it be agree  to pay Keble l for nor the indenture it self confirm the agreement and intent  precedent though it be relative to the former act in pay when its declare by  deed its now a covenant by the indenture and judgement for the plaintiff
Barfoot vers reynolds et all how the servant be to justify a assault in  defence of his master Kely Barnard SC h h roll Abr bro Tresp trespass assault  and battery against Reynolds and Westwood Reynolds plead son assault and  Westwood plead that he be servant to Reynolds the other defendant and that the  plaintiff have assault his master in his presence he in defence of his master  strike the plaintiff and on demurrer the plea be hold ill for the assault on  the master may be over and the servant can strike by way of revenge but in  order to prevent a injury and the right way of plead be that the strange  plaintiff will have beat the master if the servant have not interpose prout ei  bene to be for sale the plaintiff have judgement strange report er p
Barford and peell pasch car h rot bail in to know facias by the administrator  against the defendant as bail the defendant plead payment by the principal  before the know fa videlicet the same day to which the plaintiff demurrer  because after a capias take out its no plea nor save the recognizance but the  defendant shall set forth when the judgement be and that before the capias be  pay it that be good be before forfeiture of the recognizance but by Weston for  the defendant the plaintiff shall have reply that such a day there be a capias  sue out and that the payment be subsequent to it for though Trin car rot tower  and Pridcalf payment before the return of know fa by the principal be no plea  yet before the writ of know fa bring it be by the bail which wile justice  agree and its not like plead the death of the principal which must be say  before the return of the writ of capias and the plaintiff shall not be put to  reply that there be a capias such a day but here be two plead payment triable  per pais and the capias issue which be triable by the record which the court  agree but here be no cost nor issue be refuse to be take upon payment the  court give leave be a just debt to discontinue
bargrave against atkins award of several thing whereof part be void yet good  for the residue kid upon award levinz debt on obligation condition to perform  a award of all controversy c defendant plead no award plaintiff reply and set  forth a award that the defendant shall pay to the plaintiff l S on the that of  march next follow and also all the expense of a suit prosecute by the  plaintiff against the defendant all men the pure milk of reason expenditure  which the plaintiff to hold up daughter of the Sun sectan predict and that  there upon each party shall make general release to one another and assign a  breach on the nonpayment of the S defendant rejoin no one tale to make  arbitration on which a issue be and verdict for the plaintiff and it be move  in arrest of judgement by levinz that the award be void for nothing be award  to the defendant but the release and that be not to be make till the rest be  perform and though the award be good for the S which be certain yet the  expense of the suit and all reasonable expense which the plaintiff have expend  daughter of the Sun sectan predict be whole uncertain and void as to they and  the award in that part thereof can never be perform and so the release be  never to be make for it be to be make superinde c and so hold the court in  hill last when it be first move but now in this term it be move by Lutwyche  for the plaintiff and the case of Pinkne against bullock pasch car cite where  the award be to pay and the charge spend at the make of the award and each to  release to the other though as to the charge it be void yet on pay the it be  adjudge he ought to release so here whereupon judgement be for the plaintiff  levinz trinity term in the seven year OF the reign OF William the three in the  common plead
bariar and Windham Trin banc sup what engagement be well take it be hold by  the court that the engagement take before justice of peace in Ireland be well  take and that the engagement ought not to be plead to a alien un bear and  subject to auY forein prince in amity with England because he be under another  obedience and thereupon the engagement plead to such a one be discharge in the  case of one bariar and Windham
barker against lees trin rot arbitrement in debt on a bind at Derby assize  coned to perform a award I do discharge you from proceed any far be find by  special verdict and whether this be any revocation of a submission to a award  they pray the advice of the court which per curian be a full repeal Adjornatur
barker against palmer the court make a rule absolute to discharge defendant  upon the lord Act for nonpayment of S d per week undertake to be pay by  plaintiff at Norfolk assize conformable to the settle practice of the court of  king bench a record of the proceed at the assize be send to this court sign by  the judge of assize
barker against THORRALD idiot Cr pl in a action of covenant to account for  money receive during the lunacy of sir bethell Wray the plaintiff show there  be livre receive and do not say during the lunacy which per curian be ill  praeter Windham who conceive this ought to be show by the defendant in  discharge and it be not like averment of a life or administration during  minority but the covenant be only to account for profit arise out of land of  lunatic which be grant to the plaintiff and defendant during lunacy its say  the defendant have lie the livre in reparation of fence and do not show he  have account which per curian he ought to do and it be no plea to say the  plaintiff do not assign auditor as it be in a account against Baily judgement  pro plaintiff as to this breach upon the want of account and as for the  nonpayment adjornatur to advice of the judgement in respect of the damage  joint or several
barker and elmer hill banc sup whether a mistryal or no the case be this one  of the justice of assize fall sick and die at Chelmesford in Essex the assize  be adjourn to Brentwood in the same county afterward and before the sit at  Brentwood the other judge fall sick and die at London and a new commission  issue forth to authorize another judge to sit at Brentwood accord to the  adjournment and there a trial be have upon the old to swear falsely return  before the other judge the question be whether this be not a mistrial in  regard there be not a new jury return the case be diverse time move and the  court take time to advice but at length roll chief justice deliver the opinion  of the court that this be not a mistryal because the death of the justice be  not material to make it void for the justice be not name in the style report  er p to swear falsely but the cause be express general to be try by the  justice and he say that be hold it for a rule that if a clark misenter a thing  usual in matter of form it be to be amend but the error of the judge may not  be amend and he cite these precedent mich car sawyer and Hortons case in this  court and hill car belch and fate case in this court
barker and martin Pasc car b r arrest of judgement in trespasser barley bring  a action of trespass for a assault and battery against Martin simul cum c and  have a verdict against he it be move in arrest of judgement that the action  ought to have be bring particular against the other trespasser together with  the defendant and not against the defendant in particular with a general simul  cum against the rest which be uncertain and signify nothing against the rest  and the rather because the action be commence by bill and not by original  although it can not be good though it be by original but it be say by roll  justice that it may be the plaintiff can not arrest the other trespasser and  that he will do it when h can and that he may well proceed again t they at  diverse time as he can take they but that whensoever he shall have have  satisfaction for the trespass do he from any one of they be can proceed  against any of the rest and it be rule that judgement shall be enter
barker and martin Pasc car banc Reg arrest of judgement in a action of  trespass the plaintiff bring a action of trespasser and declare against the  defendant for break his house and take away five tool feran England fetter and  a verdict be for the plaintiff it be move in arrest of judgement that the word  tool be not a word that signify fetter but that it be so general a word that  it may express any other thing as well and that the England join with it to  interpret what it mean can help it because there be a proper Latin word which  may and ought to have be use to express fetter by roll justice say that by the  statute all plead ought to be in Latin and every particular thing therein  ought to be express by a Latin word if there be a proper Latin word for it as  here there be and therefore the proper Latin word be not use but another which  can signify the thing the England do no good but part of the declaration shall  be judge to be in English and so it can be good and judgement thereupon be  stay till the other shall move
barker and martin Trin car banc Reg arrest of judgement in trespass the case  between Barker and martin be again move which be brief this a action of  trespass be bring by Barker against Martin wherein be declare that the  defendant have break his house and have take away five tool feran England  fetter in arrest of judgement exception be take to the declaration that tool  feran England fetter be not a good expression in Latin as it ought to be of  fetter because there be a proper Latin word for fetter namely shackles so that  it ought to have be five shackles or five pair shackles and not as it be for  the word tool be uncertain and may be use to signify any thing else with a  England add to it as well as fetter and as it be the plead be not all in Latin  as the statute direct to avoid barbarism and the word England when it be  proper use in a declaration be to help word of art which can be express  without a England and be not to be use where there be a proper Latin word to  signify the thing as in this case there be on the other side it be say that  general word may be good in a declaration and barbarous word sometime and cite  Hobarts report and ware and smith case Trin James rot roll justice it be a  hard thing to maintain this declaration for if it shall be admit good it will  bring in all barbarism in plead and any senseless word may be use with a  England join with it and he say one be indict for use quandan arm England of a  draper and it be adjudge nought and in the case between tailor and tailor car  trespass be bring pro ten capon England capon bird household member England  powltry and adjudge not good yet the rule of the court be to argue it again  Saturday next follow style report er p
barker and MERRYFEILD how far the court will set aside a execution in a  ejectment by reason of a defect in the notice annex to the declaration Mr  marsh move to set aside a judgement and a writ of possession because the  notice of the delivery of the possession which be annex to the bottom of the  declaration be sign by the nominal plaintiff and not by the casual ejector and  he say the defendant attorney give the plaintiff notice of this and take out a  summons before a judge notwithstanding which he proceed but the court judge  Raymond absent be of opinion it be well enough because the casual ejector be a  fictitious person and the notice itself be the substance but however upon Mr  marsh say he believe there be a case express of his side they give he leave to  move it again if he shall find it and upon his inform the court afterward it  be that of holdfast and pedigree easter Geo they accord set the judgement  aside
barker and tailor case in a ejection firm the case upon the evidence be this  two coparceners copyholder in possession the one do surrender his reversion in  the moiety after his death Charles Jones move that nothing do pass because he  have nothing in reversion see c part Saflyns case if a man surrender a  reversion the possession shall not pass it be not good after his death so be  it adjudge in c part buckler and harvey case curian the surrender be void and  the same be all one as well in the case of copyhold as of freehold and so be  it adjudge Elizabeth in plate case and so also be it adjudge in this court  caroli in Simpsons case pasch carol in the king bench
barker and weston mich banc sup to discharge bail the court be move that the  bail to a action may be discharge because they have now bring in the principal  and it be but one day after the return of the writ but roll chief justice  answer that it may not be because they come in upop the return of the second  to know facias
barker and wharton when prohibition go to the admiralty court the difference  which there be between such of they as be grant before sentence and such of  they as be grant after a master of a ship libel in the admiralty court for his  wage and recover there a prohibition be move for for that it do not appear  they have jurisdiction in as much as it be not say in the libel that the  contract be make infra deeply mare but the court take a difference between  where a prohibition be move for before sentence and where it be move for after  for in the first case they say it must appear they have a jurisdiction upon  the very face of the libel but in the other it must appear upon the face of  the libel that they have none a instance of the first sort be this where a  prohibition be move for before sentence it will not be enough for the libel to  lie the contract to be make infra jurisdiction maritime but it must appear to  the king court to be so indeed as by lie it infra to flow et refluxum maris  accord the court do not grant the prohibition
barker assignee of the sheriff of Berks against Horton e g Wednesday April  that it not appear in a declaration by the assignee of a replevin bind that  the plaintiff be the avowant or person make cognizance the court of themselves  refer will er p to the replevin suit it be of record in this court and this  declaration conclude prout to stand open per record c this be a action of debt  bring by the plaintiff as a assignee of a replevin bind by virtue of the  statute Geo c and there be no one for the defendant who put in a general  demurrer to the declaration and Belvield pray judgement for the plaintiff we  be just go to give judgement accord when Mr I Burnett start a objection that  the Act of parliament only authorize the sheriff to make a assignment to the  avowant or person make cognizance in a replevin and that it do not appear from  so much of the plead in the replevin as be set forth in this declaration that  the plaintiff in this cause either avow or make cognizance and he may plead  some other plea and then will not be entitle to a assignment a he be indeed  call the will avowant in replevin at the beginning of the record but my  brother Burnett think that not sufficient but upon read over the record I  observe that after the declaration have set forth the account of the proceed  in the replevin cause it conclude in this manner as by the record of the  judgement remain in this court among other thing more full it do appear and it  be a record of our court I think that we be oblige to take notice of it and  therefore send for the roll by which it appear that the present plaintiff put  in a avowry in the replevin cause with this my brother Burnett be satisfy and  we give judgement for the plaintiff
barker contra east may car Lord keeper Bridgman and justice wile one coroner  only return a jury Q if ground for a new trial the defendant bring a action of  trover in easter term and the record be bring down the wife withdraw it and to  prevent a challenge the next term suggest upon the chancery report roll that  one gladwyn who be beneficiary and trust to the defendant and a creditor to  steer the bankrupt to who the defendant be assignee be sheriff whereupon a  venire be award to the coroner who all use to return the writ but Wilkinson  one of the coroner be new come to the office do not join in the return of the  jury the defendant get a verdict ex part suppose both coroner have return both  venire and distringa whereas Wilkinson alone return the jury of indifferent  person though he promise not to return the writ alone but to take Fletcher  advice who have appoint a meeting yet Wilkinson before the time appoint return  the jury and Fletcher perceive it refuse to sign the writ and the plaintiff  perceive the defendant can not have go on make no defence the rather for that  Wilkinson persuade he to keep his witness at home and afterward return the  writ in both coroner name and so the defendant obtain verdict which be a  personal action the plaintiff can try again chancery report er p and therefore  bring a bill and seek to discover nothing criminal but to have a new trial  their witness be beyond sea or in place remote the defendant demurrer for that  wilkinson pretend misdemeanour chancery report be examinable in the court  where the action be bring and not elsewhere and that no equity be show to  induce a new trial and allow
barker contra hill car f upon a contract for copyhold estate and purchase  money pay the bargainor die before surrender his heir decree to surrender the  plaintiff have contract with the defendant father for the purchase of a  copyhold estate the plaintiff pay the purchase money and the defendant father  agree to surrender the premise at next court and say he have make a surrender  late to the use of his chancery report will which will enure to the benefit of  any purchaser but before next courtday and any surrender make the defendant  father die so the bill be to have the defendant his son and heir to confirm  the plaintiff purchase by surrender or otherwise as this court shall direct  this court decree the defendant when he come of age to surrender effectual the  premise to the plaintiff and the Lord of the manor present to admit the  plaintiff tenant to the premise
barker contra zouch car foe WillRevocation that the Lord zouch in June make  his will in write with a schedule annex and thereby direct that his feoff in  trust for the manor of Greevil shall make a lease thereof to the plaintiff and  one more for eighty year if either of they shall so long live at S per annum  rend Payable to the executor of the say Lord zouch and appoint Edward Montague  and Robert Fulnethy his executor and that many year after the say will and  schedule the say Lord zouch be desirous to change his executor but fear that  change may impeach the say will or schedule about two year before his death  make this memorandum and schedule at the end of the say will memorandum if by  law this my last will may stand and be in force with this schedule thereunto  annex that I revoke my executorship of Robert Fulnethy and Edward Montague and  do hereby chancery report appoint and constitute sir Edward zouch my only  executor to perform this my will and schedule and after the say memorandum  make resolve to change the feoff in trust of the say manor of Greevil for some  reason and in cause the then feoff or some of they to join with the say Lord  zouch in make a feoff of the say manor of Greevil to the say defendant and one  Arthur worth and their heir to the use of the say Lord zouch and the defendant  sir Edward zouch and other until the Lord zouch limit or order new use thereof  which he ney do and die and sir Edward zouch prove the say will c but refuse  to assure a moiety of the say manor of Greevil to the plaintiff James Barker  accord as the say will and schedule direct pretend the say feoff be make after  the say will and schedule be by law a revocation of the say will this court  have well advice and consider of this point be of opinion that the say feoff  be in equity no revocation of the plaintiff barker moiety of the say manor of  Greevil but it ought to be settle on he the say defendant sir Edward zouch  have perform some part of the say will
barker esquire and cook esquire against the bishop OF London lomax esquire and  Bellamy clerk in quare hinder a bill of cost deliver by Mr cool as attorney  for defendant Bellamy amount to l S have at the instance of defendant Bellamy  be refer to Mr prothonotary Wegg to be tax and less than a six part videlicet  l S d have be deduct on taxation cool have move for cost of the taxation and  the rule for those cost be draw up absolute defendant Bellamy apply to  discharge that rule and upon hear counsel on both side the court discharge the  former rule as unprecedented it shall have be draw up to show cause not  absolute but a new rule be make order defendant Bellamy to pay cool cost of  the taxation by stat Geo if a six part of a attorney bill be deduct the court  be not leave to their discretion but be oblige to award cost of the taxation  against the attorney where a six part be not deduct the court be leave to  their discretion the statute be a good guide what it direct in one case seem  to be a right rule in the other ever since the statute cost of taxation have  barn be reciprocal give to the party charge and to the attorney as a six part  have or have not be take off prime for defendant Bellamy draper for cool
barker plaintiff against Anonymous defendant Barker plaint against in a writ  of error for to reverse a judgement give in the c b in a writ of error to  reverse a judgement give in the c b for to reverse the judgement this be  allege for error that at the time of the judgement give the party against who  judgement be give be then a infant and within age and so the judgement give  against he be erroneous hoc a preparation be verify prout curian vult it be  urge that this be no cause to reverse the judgement for that by this their  plea the matter be put into the notice and judgement of the court of which the  court can take no conusans and be the book oi e where it be adjudge that the  court be not to take inspection of the age but where the party be of full age  and not where he be within age and as to the allegation that he be within age  at the time of the judgement give hoc a preparation be verify prout curian  vult and to this the other plead in nullo be erratum by the court this be a  good plea for it lie not in the breast of the court to know whether he be  within age but if he have conclude hoc a preparation be verify only this have  be good and traversable and to be try by the country so by the rule of the  court judgement be affirm
barker v barker suit to have the defendant perform a award the plaintiffs suit  be to have a award make by master Tilbey and Mr chamber arbitrator indifferent  choose perform and both party be bind each to other for the performance of the  award and one part of the award be that if any question do grow between the  party the arbitrator shall end it it be order a subpoena to show cause  Lancelot Barker plaintiff Peter Barker defendant year Elizabeth
barker vers forest replication non be attorn must not conclude all pais in c b  the defendant after special imparlance plead his privilege of a attorney of b  r the plaintiff reply he not a attorney and conclude to the country and on  demurrer judgement in chief be enter for the plaintiff but reverse on error  because be on demurrer the most the plaintiff can have be a respond ouster  vide Com dig title abatement I I will et per curian that there must be in this  case because though the replication be ill in conclude to the country yet the  plea be in too as come after a imparlance though it be a special one Wentworth  v squib Lutw and Claphams case hard send for but say that it can be plead if  the imparlance be friends are living omnibus advantagiis whoever vide Sav Com  dig title abatement d Bac Abr title pleader
barker vers sir Wolston dixie No new trial for smallness of damage andr n a SC  salk ante in case for a malicious prosecution of a indictment for felon the  jury find for the plaintiff and give S damage and upon motion for a new trial  on account of the smallness of damage the court hold there can be no new trial  on that account for this be not a false verdict as find for the defendant will  be and will subject they to a attaint whereas they have find right for the  plaintiff no attaint will lie and new trial come in the room only of attaint  as a more expeditious and easy remedy
barker versus Damer hill W m rot Carth Mod action of covenant can be bring in  England for rend reserve on a lease of land in Ireland show S C cro car latch  W Jones hob Barker make a lease for year of land in Ireland and the lessee  covenant to pay the rend in London Barker assign his reversion and the  assignee bring covenant in London for the rend the defendant plead to the  jurisdiction that the land lie in Ireland and on demurrer the plea be hold  good for this be a local covenant and adhere Salkeld to the land the lessor  himself can not have maintain a action for this in England and the statute  transfer it to the assignee in the same plight that the lessor have it and the  payment be to be make in London alter not the case vide S C shower a a vide  salk Cowp Str will
barker versus Hartley Vid a judgement set aside though the Christian name of  the plaintiff be mistake in the plea and the plea in the office cook a motion  to set aside a judgement sign for want of a plea a plea have be leave in the  office in the body of which the plaintiff Christian name be mistake by put  edrus for kid for which mistake the judgement be sign but the court on bear  counsel on both side declare that though the Christian name be mistake it be a  plea in the cause and therefore set aside the judgement and say the plaintiff  may think it be well he escape without pay of cost note this be a plea of  plene to manage and it be insist that if that part of the plea wherein the  plaintiff Christian name be mistake have be leave out it will notwithstanding  have be a good plea so that the name the plaintiff there be immaterial but the  plaintiff name be again mistake in a material part although of that no notice  be take
barker versus keate Mod Mod in a ejectment upon a special verdict the sole  point be whether a lease for a year upon no other consideration than reserve a  peppercorn if it be demand shall work as a bargain and sale and so to make the  lessee capable of a release and it be resolve that it shall and that the  reservation make a sufficient consideration to raise a use as by bargain and  sale vide   in the case of sutton hotal
barker versus sir dixie bart wife not a witness though with consent in a  action for a malicious prosecution the defendant be Willing his wife shall be  examine the plaintiff wife I suppose Lord Hardwicke c j the reason why the law  will not suffer a wife to be a witness for or against her husband be to  preserve the peace of family and therefore I shall never encourage such a  consent and she be not examine cite arguendo t r
barker versus slater executory devise Northi in Sheldon S case in Vaughan this  resolve that a executory devise to commence after the death of one without  issue may be good holt Ch I that can be it never go further than pell and  brown S case where the contingency be to happen within the compass of a life  else it may be a perpetual cloud over a man S estate
barklay against black amendment Stroud pray amendment of judgement by default  therefore encamp quod predict Walter b where this name be Edward recupere but  there be no bill file of Trin car all the roll of that term be lose and this  be after the death of the defendant in prison to the intent to charge his land  by to know facias be reversion of a estate tail late spend the court refuse to  amend it be so long ago though the bind on which the judgement be have appear  to be Edward
barleys case note it be say by Richardson if a man say in his sickness I give  to I S and do not make executor yet I S shall recover against he who have the  good crook say that h that a devise be void if a legacy be give and no  executor make
barlow and vowel at nisi prius in Middlesex rule per holt chief justice that  where a man make himself a party in interest after a plaintiff or defendant  have a interest in his testimony he may not by this deprive the plaintiff or  defendant of the benefit of his testimony as if a man be a witness of a wager  c and after bet this shall not be a reason to except against his be swear to  prove the wager
barlow v baker Subpna deliver to the defendant wife in his house sufficient  Thomas Stapleton make oath that he deliver a subpoena to the defendant wife be  in the defendant house who have not appear therefore a attachment be award  Barlow plaintiff baker defendant year Elizabeth Mews dig title husband and  wife XI action by and against husband and wife procedure plead and practice c  other point of practice
barlow versus vowel Trin W skin at nisi prius in Middlesex rule per holt c j  that where a man make himself a party in interest after a plaintiff or  defendant have a interest in his testimony he may not by this deprive the  plaintiff or defendant of the benefit of his testimony as if a man be witness  of a wager c and after bet
barn against canning and piggot assignment of a decree be only a collateral or  supplemental security a bill be exhibit to redeem a mortgage against Canning  pendent light Canning convey his land in question to piggot for money the  Cause be bring to hear and a decree for Canning and enrol Canning be to borrow  money of barn give he a conveyance of land and assign the benefit of that  decree which be both videlicet the conveyance of the land and the assignment  of the decree defeazanced for case in chancery payment of the money borrow by  Canning of barn barn part with the money till that as well the assignment of  the decree as the assignment of the land be make the land without the benefit  of the decree be not of value sufficient for the security barn offer in court  to resign to piggot and Canning both land and decree on payment of debt and  damage and insist that Pigot come in pendent light can not in canning name nor  his own sue a bill of review barn suit be to set aside a release of the decree  which Canning have make for no consideration the chancellor dislike the  purchase of decree and say he be mad that will do it yet if the plaintiff have  it he will not avoid it but make the question to be whether that the  assignment of a decree be not a collateral and supplementary security and not  a original security and so take it to be and dismiss the plaintiff sir Robert  austin case who purchase and pay the same day that the bill be exhibit by  Culpeper yet lose his purchase have no notice of his suit
barn against GLADMAN in the petty bag in chancery replication petit judgment  financial loss omit debt is owed good vide I lev cro car sand Inst debt upon a  obligation condition to perform covenant in a indenture of apprenticeship  defendant plead performance the plaintiff reply and assign a breach hoc c unde  petit judgment financial loss svan Himself adjudicar defendant demurrer  because minus rite restricted for he ought to have say petit judgment debt is  owed financial loss svan Himself adjudicar and so be all the precedent in    raze entry except two in coke entry and those be after verdict but this be  here special demurrer upon be much insist to be ill for this cause but by  Bridgman Lord keeper although it be form yet it be but unnecessary form for by  the pray of judgement all be include because when the court give judgement of  consequence they give judgement for the debt and damage
barn against HUIGHS Tuesday october information roll Cr pl Jones pl Inst see  hut Farrington and Caymer Cr Baldwin move on James cap in arrest of judgement  in debt sur statute Elizabeth cap for use the trade of a grocer bring by a  common informer that as Naylor against ash hill car rot style and Brathwait  against Huscall mich car the action ought to be commence below and not here  original the court incline this be only in information and not in action of  debt which can be bring before any of the justice of gaoldelivery of oyer and  term or justice of peace but per Baldwin the design of the statute be that man  shall not turn any action for which there be remedy below by information or  otherwise out of the proper county hither and so roll who put in this clause  of the statute James say it be not only to prevent common informer but the  king also by action of debt and such be the case of Brathwait on baldwin  motion also for use the trade of a cutler at Salisbury et adjornatur
barn against the lord mordant note in debt by a administrator he declare of  the Administration commit to he at London by the bishop of Exeter and yet it  be well for the power of a bishop be not so local as the authority of a  justice of peace
barn against ware mich geo rule to show cause why judgement and become facias  shall not be set aside and restitution no attorney be present at the execution  of the warrant to enter judgement while defendant be in custody it appear that  one Eversden who have serve a clerkship and be swear a attorney soon after the  execution of the warrant and before the first motion make be present but this  be hold insufficient the rule make absolute and prothonotary direct to settle  satisfaction as to the good sell which can not be restore in specie prime for  plaintiff agar for defendant
barn against ware mich geo two barn S c warrant to confess a judgement execute  by a prisoner must be in the presence of a attorney on his behalf motion to  set aside a execution the case be the defendant be in custody at the plaintiff  suit execute a warrant of attorney to confess judgement have first send for Mr  a attorney or his clerk to come and assist he the clerk actual attend but he  not be then a swear attorney though he have serve his cook c p er p clerkship  and be admit before motion make the court hold that the execution of the  warrant of attorney be irregular the presence of a swear attorney be necessary  pursuant to the rule of the court it be thereupon pray that the rule may be  enlarge in order to get a affidavit that the plaintiff attorney be present his  counsel apprehend cook c p that that will be sufficient the rule be accord  enlarge but afterward make absolute and the prothonotary direct to settle  satisfaction for such effect as can not be restore in specie motion to set  aside a judgement for irregularity the warrant of attorney be obtain while the  defendant be under arrest and no attorney present at the time on his behalf  the plaintiff attorney swear that he advice the defendant to have a attorney  present but be refuse and request the plaintiff attorney to act for he as well  as for the plaintiff which be do but the master report the case to the court  and then judgement be set aside as be irregular and a gross evasion of the  rule of court between bow v Hinks b r mich Geo two
barn Alderson against DODDING mich geo rule to show cause why defendant shall  not plead not guilty and a tender discharge as the plead be contradictory the  former deny the latter admit prime for plaintiff Bootle for defendant
barn Alsop against Nichols a question do arise whether the day to be insert in  the English notice to appear upon process pursuant to the late Act of  parliament shall be the essoinday of the return or the quarto die post court  hold that it must be the essoinday which in this court be the returnday and  not the quarto die post which be only a day of grace Hawkins cite several case  to this purpose dyer pl   Litt finch Carth Syderfin salk pl Harvey and broad  pl Davis and salt
barn and barn in a writ of execution the sheriff return that the plaintiff  bring his action in the sheriff court in London against the defendant and his  wife as a feme sole merchant and have a verdict and how that by custom in the  city of London the Lord mayor be chancellor and may call cause before he out  of the sheriff S court and rule they accord to equity and show how that the  Lord mayor have call this cause before he and order the plaintiff shall have  judgement and that the defendant shall pay cost within day and how that she  shall pay the debt by S quarterly or else that execution shall go and that  this be the reason why he can not make execution the court hold the return  sufficient and the custom reasonable though it have of late be abuse
barn and ransom how far a endorsement shall be good evidence lend assize in a  action bring upon a note which carry interest and date Feb the defendant plead  the statute of limitation and now upon evidence the plaintiff offer to produce  a endorsement witness interest to have be pay till upon which the defendant  counsel object that this endorsement be writ with the plaintiff own hand and  therefore can be no evidence of a fresh acknowledgement of this promise in  order to bind the defendant but the court say in the case of Lord Barrington  and Serle last term in the house of lord all the judge of England give their  opinion that such endorsement be evidence in case of a bind which the statute  of limitation be plead to accord allow this as evidence in the present case  sergeant Urlyn then object that the note be not proper declare upon by set it  out to be a note in whereas it appear to be a note in but this objection be  overrule likewise
barn ANDROVIN against bassen bail for miller hilary geo this be a action of  debt upon a recognizance of bail wherein the plaintiff have declare in the  short manner now practice without set out the condition of the recognizance Mr  justice price have make a order for a imparlance upon a defect in the notice  give to defendant of the declaration be leave in the office c plaintiff move  to discharge the order defendant on show cause produce a rule whereby the can  sa against the principal be set aside and allege that no can sa have be since  return and the record of the recognizance not be file and defendant not be  entitle to oyer thereof can not plead the want of a can sa against the  principal if that matter be pleadable to such short declaration the court  declare no opinion but seem inclinable to think that the condition of the  recognizance do not operate by defeazance but be part of the recognizance  itself and that plaintiff ought to set out the condition in his declaration  and order the plaintiff to file the record of the recognizance but give he  liberty to withdraw his former declaration and declare de to make new if he  think fit
barn anonymous a motion be make in the treasury to amend a notice to set off a  debt accord to the late Act of parliament but the judge declare it can not be  do notice of this kind be in this like notice of trial c which never be amend  by the court
barn Armstrong on the demise OF neve and another against woolsey and other in  ejectment hilary geo the point or question reserve at the trial for the  opinion of the court be to who use a fine with proclamation levy without any  declaration of use shall operate hold per cur that where no use be declare  there be no consideration the fine must result to the ancient use it  sufficient appear in this case that the ancient use be in the cognizor the  postea order to be deliver to the plaintiff Godbolt Vaughan cook beckwith case  shepherd touchstone of common assurance page win for plaintiff pool for  defendant
barn ASHDOWNE against fisher rule make absolute to discharge defendant a  bankrupt take in execution for a debt accrue before the bankruptcy defendant  can not plead his discharge in the first instance because he do not obtain his  certificate till after he be oblige to plead but it be insist by plaintiff  counsel that he may have plead post darrein continuance these case must be  consider equitable Blackwell against coat peer William No concealment appear
barn ashley esquire against Stockwell esquire and husband esquire three  several outlawry have be pronounce about a year ago and transcribe into the  exchequer one against both defendant a second against defendant Stockwell and  a three against defendant husband all at plaintiff prosecution Penvold and  Robert authorize by power of attorney execute by defendant apply on their  behalf and obtain a rule to show cause why these outlawry shall not be reverse  at plaintiff expense defendant at the time when the writ of exigent issue and  still be in part beyond the sea on show cause by plaintiff it appear that  defendant have be abroad three year and probable never intend to return to  England and it be urge that as they stay abroad long than their lawful  occasion require such stay must be look upon to be with a view to defeat  justice and consequent they be duly outlaw that if not they ought to bring  their writ of error and shall not be relieve in this summary manner by motion  the court think it discretionary in they to relieve by motion or put the party  to a writ of error accord to the circumstance of the case court have go  further of late year than heretofore on motion as more effectual to expedite  justice save expense and preserve credit and character it be difficult to  determine when defendant stay abroad to avoid process shall be take to  commence there be no sufficient foundation for the court to order plaintiff to  reverse these outlawry at his own expense but as they be not special but only  in trespass quare enclosed space to break in pieces defendant have a right to  reverse they at their own expense on enter common appearance and payment of  cost rule make accord defendant before the outlawry be transcribe into the  exchequer may have reverse they on enter common appearance and payment of  common cost as far as the exigent but now after they be transcribe cost must  be pay to the time of reversal prime for defendant will for plaintiff
barn baker on the demise OF brown against Petcher in ejectment upon the trial  a verdict pass for defendant but a new trial be grant the mortgage deed under  which defendant claim appear to be a   by the stamp the die which impress it  not be make till several barn er p year after the date of the deed where  matter of title be the dispute and defendant obtain a verdict a new trial be  always deny but this be a extraordinary case where the revenue be concern
barn ban executor against ban action bring by plaintiff for money receive by  defendant to the use of plaintiff as executor and upon the trial plaintiff be  nonsuit and the question be whether the plaintiff be a executor shall pay cost  per cur the plaintiff shall pay cost because he may have bring the action in  his own right medley against York mich Ann in b r in point cite by Mr justice  Denton
barn barber plaintiff henry nunn and mary his wife and other Deforciants  easter geo this fine be take that may by dedimus power writ of covenant test  saint day of easter term returnable from the day of easter in five week may it  compound and the prefine pay between the that and that may and after pass the  return warrant of attorney and custos narrow places office be bring to the  king silver office that June and the clerk there then enter the king silver or  postfine in his book and on the writ of covenant mary nun the cognizor die  that may a caveat to prevent the complete of this fine be bring to the king  silver office that June before the record make up in form on behalf of John  nun old son and heir of the cognizors rule to show cause why that caveat shall  not be withdraw make absolute the court utter explode the notion which prevail  undoubted by mistake in harness and Micklethwaite and his wife mich Geo and  Gregory against croucher and other mich Geo videlicet that the king silver be  the prefine or fine for licence to alienate certain it be not the king silver  be the postfine or fine for licence to accord Inst dyer the return of the writ  of covenant be agree to be in the lifetime of mary the cognizor and from that  time the crown have a right to the postfine which be enter at the king silver  office before any caveat against it the make up the record in form be a  ministerial act not necessary to be do previous to the caveat the entry by the  clerk of the king silver as aforesaid be sufficient roll Abr c in point pool  for plaintiff prime for John nun son and heir c
barn barnard against mordant esquire east geo defendant a member of the last  parliament have be arrest and hold to bail before the expiration of forty day  privilege claim by the Commons next after barn er p the dissolution apply to  have the bailbond deliver up in lev the privilege be say to be twenty day  before and after session and prorogation accord to pryn the wage to parliament  man continue no long than three day after the parliament be up vide Pitt case  comens by consent rule absolute for deliver up bailbond on enter common  appearance prime for defendant draper for plaintiff
barn beaumont against cousin one c hill geo rule to show cause on plaintiff  application why declaration shall not be amend by insert in the memorandum the  true day of proclaim videlicet that November instead of d October which be  before the cause of action rule absolute on payment of cost defendant to have  time to plead de to make new plead in bar Bootle for plaintiff agar for  defendant
barn bell against Crossthwaite in trespass mich geo interlocutory judgement  regular sign for want of a plea rule to show cause why shall not be set aside  on payment of cost and plead a issuable plea on show cause will for plaintiff  urge that the action be lie in Cumberland where the assize be hold but once a  year and plaintiff have be delay of a trial and that if the court do set aside  a regular judgement they will confine defendant to plead the general issue but  it appear that the dispute be matter of title and that the plea through  accident be not settle in time the rule be make absolute pool for defendant  mich geo motion in action on the case to plead non assumpsit and infancy deny  because the latter plea be useless infancy may be give in evidence on the  general issue in debt on bind or other deed non be factum and infancy have be  allow to be plead because though the bind c may be defendant deed yet if he be  under age at the time of its execution he be not bind by it
barn Berryman against gilbert and his wife trinity geo defendant be bring into  court the second time from the fleet prison to be discharge from a execution  pursuant to the statute Geo wright for plaintiff insist upon detain defendant  in custody upon allow they S d per week and produce a note sign John king  attorney for plaintiff promise to pay the same and a affidavit that plaintiff  be abroad in foreign part so that plaintiff attorney can not procure a note  sign by his client the court hold this note insufficient within the word of  the Act and for want of a note sign by the plaintiff himself defendant be  discharge vide Warrington against Elliot easter Geo
barn Bickley against mackerel a rule be make to change the venue from Norfolk  into London comens for defendant who quote sir Samuel Gerrard case salk to  show that a rule have be make to remove a venue from a county at large into  London barn er p
barn Bingham against davis rule be make absolute give defendant leave to plead  a tender of money of last term notwithstanding the general importance  defendant agent though he appear in time have no notice of the declaration  till the first day of this term and on the that January he obtain a judge  summons Hayward for defendant birch for plaintiff
barn bird against SPINCKS in replevin the court give leave to plead double  videlicet that plaintiff in replevin have not property and a justification as  a distress for rend chapel for defendant Parker for plaintiff barn er p
barn BLACKSTOCK against pain mich geo rule to show cause why venue shall not  be change plaintiff object that defendant have obtain a judge order for a  imparlance and can not afterward move to change the venue but the objection be  overrule this be not matter of favour like time to plead but of right the  judge will not have order a imparlance if defendant have not be entitle to it  by law rule absolute Skinner for plaintiff agar for defendant
barn BLAXLAND a attorney against burgess widow declaration file November  notice and rule to plead give the same day November a release plead with a  profert in cur and the same day oyer be demand by the plaintiff in write Nov  in the afternoon judgement sign for want of oyer question whether plaintiff  can sign his judgement defendant not have give oyer accord to demand Nov upon  this point all the judge be of opinion that in case defendant plead with a  profert and oyer be demand and not give in a reasonable time plaintiff may  sign his judgement without apply to the court to set aside the plea it be  esteem as no plea till verify by oyer
barn blunt against beal easter geo price move that plaintiff may reverse a  outlawry at his own expense defendant be in part beyond the sea at the time he  be outlaw per cur defendant may take advantage of this by writ of error it be  not matter of irregularity No rule
barn boswell against roberts trinity geo objection that no writ be sue out and  that the copy of a pretend writ be deliver to defendant enclose in a letter  but it appear that the writ have be sign by the filazer before serve and the  delivery of the copy make service by defendant open the cover and take out the  copy there be no occasion to show the original writ at the time of service the  rule to show cause why proceed shall not be stay be discharge prime for  plaintiff pool for defendant
barn bray against booth defendant plead a tender but bring no money into court  give a rule to reply and for want of a replication sign a nonpros plaintiff  look upon the plea as a nullity the money not be bring into court and sign  judgement after the nonpros obtain and now move to set aside the nonpros  defendant move to set aside the judgement insist that plaintiff can not  regular sign judgement till the nonpros be set aside and of that opinion be  sir George cook but the two other prothonotaries report the practice contrary  and the court be of opinion that the nonpros not be right obtain plaintiff may  proceed in the same manner as he may have do in case such nonpros be not sign  and consequent the judgement be regular and must stand and the nonpros be  irregular must be set aside glide for defendant wright for plaintiff
barn Broadbent against wilks in trespass though the trespass be confess by the  plea plaintiff reply and issue be join on the trial a verdict be find for  defendant afterward the court give judgement for plaintiff notwithstanding the  verdict and a writ of enquiry of damage have be execute the question be what  cost shall be allow plaintiff on sign final judgement the court direct the  prothonotary to allow plaintiff all the cost in the cause except the cost of  the trial prime for plaintiff Bootle for defendant
barn brook on demise OF mence against baldwin in ejectment trin geo upon  motion for a new trial Mr baron Adam before who the cause be try report to the  court that the verdict which be a general verdict for plaintiff be good in  part and bad in part agreeable to evidence as to land in possession of one of  defendant tenant contrary to evidence as to land in possession of another  tenant Mod salk salk be quote to show that where a verdict be good in part it  must stand rule that plaintiff shall take possession of that part of the  premise only as to which the judge report in favour of the verdict Martin for  defendant pool for plaintiff
barn brown against hagan easter geo rule to show cause why defendant shall not  have leave to plead a tender of money of last term notwithstanding the general  imparlance make absolute on payment of cost though the application be not make  within the first four day of this term accord to the general practice it  appear that the declaration be not deliver till the day before the essoign day  of this term and that defendant agent who be oblige to write into Suffolk have  apply also as soon as he possible can Belfield for plaintiff Bootle for  defendant
barn buncombe against love and his wife easter geo the process be serve upon  the husband only and not upon the wife hold to be good in lieu of arrest  chapel for plaintiff comens for defendant
barn c and harvey Joyndure in trespass by three for beat they and take away  their net the defendant justify joint under the city of London as to the  battery not guilty and as to the net and residue a special plea the plaintiff  demurrer per curian its ill count as to the battery though for the net its  well enough as to the ejectment of land and heir have the defendant plead  several one plea to the battery and another to the net by a nolle attendance  as to part it have be well but here the plea and replication be joint and be  not after a verdict the court can divide it and judgement for the defendant  and in this case it be say by hale chief justice that in information against  the waterbailiffs of London by quo warrantor to know why they claim to convict  on bare presentment and they prescribe so to do that the prescription be  adjudge void and their liberty seize every nuisance shall be traverse before  the party can be convict either in leet forest or other such court and estreat  on such presentment be void and be all stop in the exchequer
barn cam against gardener hill geo Writ returnable the first return of this  term in a bailable action declaration leave in the office without notice to  plead endorse but notice of declaration and to plead serve on defendant  defendant move in the treasury for a imparlance for want of notice endorse  which be deny the notice serve on defendant be sufficient within the rule Geo
barn carter against Uppington a three person make affidavit that to his  knowledge a b be a material witness for defendant and thereupon Darnal move to  put off the trial but the court refuse to make any rule upon this affidavit  because none but the party himself can swear to any person be a material  witness
barn CHANKLIN against janson chapel for defendant obtain a rule to show cause  why proceed shall not be stay upon a affidavit that the process serve be  returnable on one day and the notice to appear be at another but the copy of  the process with notice serve be not annex to the affidavit Darnal for  plaintiff insist that whenever defendant will take advantage of such mistake  he must produce the copy serve and swear he be serve with no other and of that  opinion be the court and discharge the rule
barn church against Jason trin geo action of debt upon bind the alias dict be  in the declaration put in Latin as in the bind chapel move in arrest of  judgement upon the late Act of parliament that all proceed at law shall be in  English and obtain a rule nisi afterward Eyre show cause and the court be of  opinion that the alias dict if set out at all must be set out in the same  language as in the deed and will otherwise be erroneous and discharge the rule
barn clarke against shepherd trinity geo plaintiff sue out a venire facias  whereupon the common panel be return this writ and return be file and a writ  of habeas corpora jur be issue forth plaintiff afterward obtain a rule for a  special jury as a matter of course which rule be discharge after the venire  facias and return file the motion for a special jury come too late Belfield  for defendant Skinner for plaintiff
barn Claxton assignee of the sheriff against hide and his bail defendant move  that the exception against the bail in the original action may be strike out  and the bail record that he may verify his plea of comperuit ad diem insist  that the same bail be put in before a judge who be bail to the sheriff and  plaintiff have take a assignment of the bailbond have thereby waive his  exception and the bail above be become absolute a rule be make to show cause  case quote for defendant Grosvenor against soams more Hampson against Sour  easter hook against Bennett hill Geo in b r Hamble against Dowharty case in c  b fol Welsh against haddock hill Geo upon show cause it be urge for the  plaintiff that the practice of this court be settle by the rule of Trin Geo  unless bail be perfect that be justify in court within four day after  exception plaintiff may proceed on bailbond by the rule of mich Geo plaintiff  may except against the bail above though the same as to the sheriff and Ormond  against Griffith hill Geo be a case in point note of case fol per cur let the  rule be discharge as the practice of this court stand at present plaintiff be  regular to proceed upon the bailbond the assignment do not admit the  sufficiency of the bail the sheriff may be insufficient and then if plaintiff  can proceed on the bailbond he have no remedy Skinner will and draper for  defendant prime and agar for plaintiff
barn cook against dethick and another in replevin easter geo the plaintiff  bring a re fa Lord returnable in Michaelmas last and a pone returnable Hilary  last whereon defendant appear and plaintiff deliver a declaration that  February last entitle of Michaelmas instead of Hilary term and for want of a  plea sign judgement and execute a writ of inquiry of damage last vacation upon  two notice thereof direct to defendant dethick and the other defendant  respective and both leave at the house of dethick defendant insist that he be  entitle to a imparlance but that question be not enter into the court hold the  declaration entitle of Michaelmas term to be null and void rule absolute to  set aside the judgement and inquiry cost to attend event of trial pool for  defendant will for plaintiff
barn cooper and nine other against smooth mich geo defendant be commit to the  fleet by the commissioner of bankrupt for not answer interrogatory in the long  vacation when no judge be in town and be then charge with declaration at the  suit of several plaintiff without leave obtain from any of the judge of the  court defendant apply to set aside the proceed on the day before the writ of  inquiry be to be execute and not before and obtain a rule to show cause which  be afterward discharge on hear counsel on both side the court do not determine  upon the regularity of the charge but hold that defendant come too late to  move after judgement Eyre baines and urlin for plaintiff chapel and Skinner  for defendant
barn CRACROFT one c against Willoughby one c hill geo plaintiff recover  judgement by bill hill Geo and in Trinity term last after a writ of error  bring have leave of the court to file a bill to warrant the proceed of mich  Geo and this bill with minute of a imparlance subscribe be certify by the  custos narrow places into the court of king bench which be a nugatory Act that  court will take no notice of it afterward plaintiff defendant in error allege  diminution and by certiorari carry up to the king barn er p bench a record of  the imparlance defendant plaintiff in error now move to strike the imparlance  off the roll but the court hold that by virtue of the rule for leave to file a  bill of mich Geo to warrant the proceed plaintiff may as a necessary  consequence enter the imparlance on the roll rule by consent to refer to  prothonotary to tax defendant cost occasion by plaintiff not enter imparlance  on the roll in time and cost of application defendant to bring damage and cost  recover into court cost to be tax as above to be deduct and residue pay  plaintiff satisfaction on record to be acknowledge at defendant expense agar  and Bootle for plaintiff draper for defendant
barn craven against Hanley this be a action of trespass whereto defendant  plead a bad justification plaintiff take issue and defendant obtain a verdict  plaintiff move a arrest of judgement and the court hear counsel on both side  several time and take time to consider and in easter term last make a rule to  stay the entry of judgement on defendant verdict and that plaintiff shall have  leave to sign judgement the barn er p trespass be confess by the plea pen the  consideration of the court defendant die and last term plaintiff obtain a rule  for defendant executor to show cause why he shall not enter judgement nunc pro  tunc which rule be make absolute it be urge for defendant executor that  plaintiff have delay himself he be to blame in join a immaterial issue but per  cur the party must not suffer by the court be take time to consider Eyre for  plaintiff Parker for executor of defendant baller against Delander Trin Geo in  b r tailor against matthews hill Geo in b r
barn CROCKAY against martin easter geo a sum of money have be pay into court  by defendant upon the common rule and plaintiff die before trial defendant  move to have the money pay back to he but the court be of opinion that the  money be pay into court for plaintiff use ought not to be pay back to  defendant vide Knapton against draw mich Geo the court have not yet go so far  as to order payment to plaintiff executor but it seem reasonable if the  executor be Willing to accept the money pay into court and after trial it be  plain executor be entitle to the money pay into court though a small sum be  recover have plaintiff live and refuse to accept barn er p the sum pay into  court and be nonsuit upon the trial yet defendant can not have the money back  out of court plaintiff be entitle thereto in all event as determine in lane  and Wilkinson in the treasury mich I Geo
barn croser against thomlinson in replevin hill geo a racehorse distrain for  rend at a stable on Barnett common half a mile distant from the inn the red  lion at Barnett Middlesex the stable no part of the inn horse distrainable  judgement on case make at trial for the avowant plaintiff have no remedy but  against the innkeeper Hewitt for defendant pool for plaintiff
barn Crutchfield and other against SEWORDS easter geo defendant be arrest in  the original action by a common capias in ken whereupon he put in and justify  bail in court plaintiff declare in London not in ken whereby he relinquish and  lose his bail and after judgement obtain in the original action bring a action  of debt on that judgement wherein defendant be again arrest put in and justify  bail in court d may the first day of this term barn er p that may defendant  move and obtain a rule to show cause why the last recognizance of bail shall  not be discharge and why a common appearance shall not be accept in lieu  thereof and upon show cause and hear counsel on both side the rule be this day  may that make absolute the establish practice be that where plaintiff have  bail in the original action he shall have none in his action on judgement  where plaintiff have no bail in his original action he shall have bail in his  action on judgement but in this case plaintiff by his own act give up bail in  the original action and therefore shall not compel defendant to give bail a  second time action of debt on judgement be not to be encourage after judgement  execution shall follow and not a fresh suit by the general rule Geo it be  order that no prisoner discharge or order to be discharge by supersedeas for  want of prosecution shall be hold to bail in debt on judgement in the cause  wherein he be supersede which be similar to the present case quatuor foot to  run there if the prisoner be discharge it be plaintiff own fault here the bail  in the original action be discharge by plaintiff own fault Hewitt for  defendant Davy for plaintiff
barn DAKEYNE against Thornhill a question arise whether the plaintiff can levy  poundage and other necessary charge beside the cost tax out of a penalty and  the court hold he may if the defendant shall think himself aggrieve the court  upon application will refer the matter to the prothonotary to inquire whether  the plaintiff have levy more than he ought to have do or not
barn Dalrymple and his wife against Baynham easter geo defendant be discharge  by the lord Act assign his effect to plaintiff afterward he be charge in  execution upon a second judgement obtain by the same plaintiff and on his  discharge the second time the court direct another schedule to be make contain  the same effect as the first take notice that they have be already assign and  then a second assignment to the same plaintiff to make the effect subject to  the last execution in case they shall be more than sufficient to satisfy the  first
barn davenport against wall the same question determine in the same manner the  capias in the original action be returnable on the first return of easter term  last defendant die before Trinity term per cur plaintiff may have have  judgement and can sa of easter term last if he have proceed as he may have do  chapel for defendant Eyre for plaintiff
barn davey baronet against martin assignee c in covenant break hill geo  defendant obtain a rule for plaintiff to show cause why he shall not have  leave to bring into court on the common rule S in lieu of each heriot demand  by plaintiff but on show cause the covenant appear to be to render to  plaintiff the best live beast for a heriot or pay he S in lieu thereof at  plaintiff election rule discharge prime for defendant draper for plaintiff
barn davis against hall defendant move for a supersedeas for want of plaintiff  proceed to judgement within three term after declaration deliver declaration  be of easter term and the final judgement sign in Michaelmas vacation last  plaintiff urge that the judgement be a judgement of Michaelmas term though not  sign till the vacation be sufficient to prevent supersedeas but per cur the  three term be always take to be inclusive of that term whereof the declaration  be and unless plaintiff proceed to sign final judgement within the three term  he be too late rule absolute for supersedeas draper for plaintiff Hussey for  defendant barn er p
barn de REVOSE executor against Hayman defendant have bring a writ of error  and put in bail thereon soon after be last term serve with a rule for better  bail and thereon give notice to justify at a judge chamber but do not the bail  not be justify within four day plaintiff take a certificate thereof from the  clerk of the error and sue out a can sa which be hold to be regular defendant  have not time of course to perfect his bail till the term next follow where  the rule be serve in vacation but ought to justify before a judge and if  plaintiff be not satisfy with that then defendant have do every thing in his  power be entitle to time till the next term but not otherwise pool for  defendant Skinner for plaintiff barn er p
barn dean against unwin one c more money be charge on the issuebook than due  videlicet S d for a second copy of the declaration which be of the same term  with the issue and defendant barn er p refuse to pay for the issue plaintiff  sign judgement the court hold it necessary that defendant shall tender the sum  due and for want of such tender discharge the rule to show cause why the  judgement shall not be set aside pool for plaintiff Hayward for defendant
barn dean and Tidmarsh easter geo a fine acknowledge in south Carolina swear  to before the chief justice there to be duly acknowledge and attest by a  notary public by judge in the treasury it can pass without oath of the due  acknowledgement before one of the justice of this court
barn DEBALFE against mackensie hill geo plaintiff have make affidavit that  defendant be indebt to he a large sum of money order to be pay by a sentence  of the bailiff of Meudon in France as a compensation for not make good a  charge against plaintiff for bigamy defendant have appeal to the parliament of  parish and it appear by the act of that court that the sentence of the bailiff  of Meudon be annul not upon the merit but accord to the custom of the superior  court who on a appeal from a inferior jurisdiction constant annul the former  sentence and proceed as in a original suit and the question be whether  defendant ought to be hold to bail or not Lord chief justice Denton and comens  be of opinion that as the sentence of the bailiff of Meudon appear to be annul  and not in force it be not necessary for the court to consider whether this  sentence when in be will have be a sufficient cause of action to hold  defendant to bail but look on the sentence as discharge and make void and  therefore order a common appearance to be accept Mr justice fortescue be of  opinion defendant ought to be hold to bail Eyre and win for defendant chapel  for plaintiff
barn Dixon against allen trin geo defendant move to pay into court in debt for  rend and plead nil debet per cur be it so it be common practice Hawkins
barn do on the demise OF henant alias henden against thomas and other in  ejectment hilary geo within the first four day of the term birch move for  leave to plead ancient demesne upon a affidavit that the premise in question  be repute to be land in ancient demesne and a rule be make to show cause and  afterward absolute upon hear counsel on both side the affidavit be sufficient  to show a probable cause to plead this plea and any other plea to the  jurisdiction of the court may be plead in time without motion Skinner for  plaintiff
barn down against Nichols mich geo birch move to stay proceed for that  plaintiff demand be only S d which by affidavit appear but do not produce  declaration cur No rule because we never try the quantum of plaintiff demand  by affidavit nonpross nonsuit c
barn Duckworth on the demise OF tubley and other against Tunstall in ejectment  mich geo lessors of the plaintiff be both devisees and executor and in each  capacity rend be due to they defendant move to stay proceed upon payment of  the rend due to lessors of plaintiff as devisees they not be entitle to bring  a ejectment as executor there appear to be a mutual debt due to defendant by  simple contract and defendant offer to go into the whole account take in both  demand as devisees and executor have just allowance which lessors of plaintiff  refuse the rule be make absolute to stay proceed on payment of the rend due to  lessors as devisees and cost prime and Bootle for defendant win for plaintiff
barn eames against jew mich geo objection that no plea be demand in write  answer that a demand of a plea be endorse on the declaration deliver hold that  such endorsement be insufficient a plea must be demand in write after  declaration deliver and rule to plead give rule absolute to set aside the  judgement with cost will for defendant prime for plaintiff
barn ex part BEAUCHAMP and burt trin geo chapel move that these person who  claim title to some land and tenement in come Mid the possession whereof be  vacant may be inform by Mr banister attorney for a person who be carry on a  proceed in ejectment in the old way under a lease seal upon the premise of the  name of the party in that ejectment in order that Beauchamp and burt may  appear and defend the title it be urge by Eyre for banister that in all case  of vacant possession unless such as be within the late Act of parliament  concern landlord and tenant by lease with a clause of reentry no instance can  be show where any person claim title have be let in to defend but he that can  first seal a lease upon the premise must obtain possession and any other  person claim title may eject he if he can and by the course of the court no  defence can be make in these case but by the defendant in the ejectment who be  a real ejector the court take time to consider of this matter but never make  any rule the practice have constant be as state by Eyre chapel produce two old  rule of court concern ejectment Trin car and hill and cite Stiless report
barn Farrill against head trin geo defendant be sue as a attorney by bill  plead in abatement that he be not a attorney plaintiff move to set aside the  plea and have a rule to show cause but it appear on show cause by certificate  from the clerk of the warrant that the defendant be forejudged five year ago  and that forejudger still remain in force the rule be discharge per cur  defendant be total deprive of privilege pen a forejudger plaintiff may reply  as he please and traverse the fact which be triable by the record or demurrer  if he think the plea bad the plea be swear to be true and seem not to be  frivolous
barn FARSIDE on the demise OF lord Sidney beauclerk and other against Hayley  trinity geo after a verdict for plaintiff motion for leave to take out  execution on the judgement against the casual ejector non to stand before a  writ of error bring by defendant Hayley the rule to show cause be discharge  per cur in case where the landlord be permit to defend without the tenant the  reason of judgement against the casual ejector per statute be that under it  after a end of the suit plaintiff may obtain possession of the premise sue for  which he can not do by virtue of a judgement against a person out of  possession but where a writ of error be bring there be not the least reason to  give plaintiff leave to take possession till after a determination in error  Skinner for plaintiff will for defendant
barn fen on the demise OF hildyard against den easter geo declaration for a  entirety rule obtain by Arrundall tenant in possession to defend for two  undivided three only and that for the residue plaintiff may take judgement  against the casual ejector general judgement sign and writ of possession  agreeable No endorsement of what part to take possession as may have be  possession of the whole premise take and afterward two three accord to a  partition make by plaintiff lessor restore good remove from tenant house part  of the premise and some of they not bring back the court think that a new  general rule shall be make to alter the practice of take judgement for the  whole premise when part be appear for hold that the sheriff do right in take  possession of the whole pursuant to the writ rule to answer matter in  affidavit by sheriff officer discharge order good to be restore by affidavit  and possession of two three of premise lessor of plaintiff and his attorney  who have principal conduct the transaction in the country to pay the tenant  cost of this application prime and pool for the tenant will and win for  plaintiff lessor his attorney and sheriff officer
barn fen on the demise OF knight against dean trin geo on affidavit that John  Abbott tenant in possession secret himself to prevent his be serve with a  declaration in ejectment and can not be serve though frequent endeavour have  be use and that the declaration be deliver to his daughter who keep his house  be a public house part of the premise in question and that she be acquaint  with the content of the subscription the court make a rule for the tenant to  show cause why such former service shall not be deem good service the rule to  be serve on the daughter at the house this rule be afterward discharge because  the affidavit whereupon it make appear to have be swear before plaintiff  attorney as a commissioner but for no other reason prime for plaintiff will  for the tenant
barn fitch who as well c against nunn this be a action bring on one of the  penal statute make to preserve the game wherein defendant obtain a verdict  plaintiff move for a new trial and the judge before who the cause be try  report the verdict to be contrary to evidence notwithstanding which the rule  to show cause why a new trial shall not be have on payment of cost be  discharge because no instance can be show where in a action on a penal statute  in which a verdict be find for defendant a new trial have ever be grant will  and agar for plaintiff win for defendant barn er p
barn Fitzpatrick against pickering easter geo after trial at sit in Middlesex  and a verdict for plaintiff for S d defendant the damage be under S upon a  affidavit that he be resident in Middlesex and liable to be summon to the  county court there move for leave to enter a suggestion of that fact upon  record to prevent plaintiff from have a allowance of cost and to entitle  defendant to double cost pursuant to the statute Geo no certificate have be  grant by Lord chief justice at the trial to prevent defendant take advantage  of that statute in opposition to this motion no affidavit deny the fact  contain in defendant affidavit be produce by plaintiff but it swear that  defendant before trial offer S and cost and it observe that plaintiff have  give evidence only on some not on all the count in his declaration that he  have prove a large debt than S which have be reduce by a setoff on defendant  part to the sum recover and that if plaintiff have be nonsuit he barn er p  will have be liable to payment of single cost only the court hold that they be  bind by the find of the jury rule absolute for leave for defendant to enter  the suggestion plaintiff may traverse it if he think fit strange affidavit of  the fact the proper foundation for leave to enter suggestion strange  suggestion the proper method prime and martin for defendant Davy for plaintiff  afterward the suggestion have be enter defendant move for judgement thereupon  rule that unless plaintiff plead to the suggestion by the first day of next  term it be to be take for true and prothonotary be to allow double cost to  defendant accord to the statute
barn fitzwilliam against the bishop OF hereford and the university OF  cambridge in quare hinder trin geo Hayward for defendant move for a imparlance  the declaration have be deliver after the essoign day videlicet June draper  for plaintiff produce a peremptory rule to plead after which there can be no  imparlance the rule to show cause be discharge but the court give defendant a  month time to plead
barn ford against burnham trinity geo defendant plead a tender ante diem  impetracon short catalog original plaintiff in his replication set forth a  original purchase before the time of the tender plead win move for defendant  for oyer of the original but the motion be deny the court never make any rule  for oyer of original which be matter of record barn er p
barn frost against WHADCOCK alias avery and other on the demise OF avery in  ejectment easter geo a rule to show cause why the trial shall not be at bar be  find upon a affidavit that the premise in question be of the yearly value of  and upward and that a strict and careful examination of the title will be  requisite at the time of show cause it be also allege on plaintiff behalf that  he have a great number of witness to examine and that the point to be try be  compos well non in William Avery at the time of make his will under which the  defendant Whadcock claim his right and on behalf of defendant it appear that  they have some ancient and infirm witness to examine who can not travel to  Westminster per cur we be not accord to the course of the court bind down by  the value of the premise in question which be swear to be per and as to strict  examination it be necessary in all case and be nothing with respect to a trial  at bar when a long cause be to be try a judge upon notice will take a day  extraordinary at the assize where a examination of a great number of witness  be most proper and least expensive there be no nicety in this point or  difficulty so as to require the attention of the whole court ancient witness  grow weak every day and often be not able to travel to Westminster let the  rule be discharge plaintiff pray leave to examine a old witness before a judge  upon interrogatory but per cur that can be do without consent a cross  examination can be supply by deposition if a trial at bar be order it can not  be till next Michaelmas term and before that time the assize will be hold  birch for plaintiff will for defendant
barn gage against gough easter geo move by baines for a attachment against a  witness serve with a subpoena that do not bring a will with he to the trial  which he have notice to produce per cur as there be no rule upon the register  the witness to produce the will at the trial no rule can be make on this  motion barn er p
barn gale against chapman mich geo a rule be make in Hilary six of his present  majesty for a attachment against the plaintiff unless he shall pay a sum of  money upon notice of the rule the money not be pay upon service Goswell  defendant attorney without far application to the court to make the rule  absolute take out a attachment against plaintiff Skinner on defendant behalf  move for a attachment against Goswell for sue out the attachment against  plaintiff irregular a rule be make to show cause but upon show cause though  the attachment against plaintiff be irregular issue yet it appear to be only a  mere mistake in judgement and that no mischief be intend and further that it  be mean as a service to defendant goswells client who now make the complaint  the rule be discharge comens for Goswell
barn gale against hooker hill geo a writ of false judgement be deliver to the  undersheriff but no money be tender or pay for the return for want whereof the  sheriff take no notice of it and execute a writ de execution judgment upon  hear counsel on both side the sheriff proceed be hold to be regular per cur  the defendant if he think fit may still proceed upon his writ of false  judgement glide for defendant chapel for plaintiff
barn gardener against Goodall judgement be sign for want of pay for the  issuebook and defendant have a rule to show cause why the judgement shall not  be set aside upon show cause it appear that plaintiff have charge and demand  for the issuebook S d more than be due the court be clear of opinion that the  old doctrine that defendant must pay whatever be demand for paperbooks ought  to be explode it be sufficient if they be ready to pay what be due let the  judgement be set aside without cost defendant take short notice of trial for  the three sit urlin for defendant Belfield for plaintiff
barn Garway against stevens easter geo plaintiff move to add a new count to  his declaration which be of last Michaelmas term on payment of cost defendant  object that by the course of the court a count can be add after the second  term which be agree to be the practice but as plaintiff may discontinue and to  save the trouble of a new action the rule for the amendment be make absolute  on payment of cost of plea and application and defendant have leave to plead  de to make new Bootle for defendant Skinner for plaintiff
barn gibbs against TUPIGNY de maily trinity geo defendant a prisoner in the  fleet be supersedable for want of plaintiff proceed to judgement within three  term after declaration summon plaintiff before Mr justice birch whereupon  plaintiff have obtain judgement after the three term be expire immediate bring  a habeas corpus ad to give satisfaction and charge defendant in execution  defendant then apply to the court and obtain a rule to show cause why he shall  not be supersede for want of plaintiff proceed to judgement within time which  rule be afterward make absolute the court be of opinion that defendant have be  wrongful detain in custody from the time he become supersedable and that  plaintiff ought not to graft a good charge on a wrongful imprisonment prime  for defendant will for plaintiff
barn girdler sergeant at law against WATHEWS hilary two geo for word defendant  move to change the venue from Middlesex into Staffordshire upon the common  affidavit plaintiff insist that in right of his privilege the cause ought to  be retain in Middlesex plaintiff have sue by original and therefore the venue  be change Parker for defendant Skinner and comens for plaintiff
barn GOODRIGHT on the demise OF Rosewell against vice in ejectment trin geo  defendant at the trial not appear to confess lease entry and ouster a nonsuit  happen and afterward plaintiff lessor instead of take his remedy for cost tax  upon the common rule as he ought to have do enter judgement against the casual  ejector sue out a be made fa against defendant good and levy his cost thereon  act as special bailiff himself a action be bring by defendant in the king  bench for this irregular levy against plaintiff lessor and Kimber his attorney  and after special plead therein defendant move here to set aside the be made  fa and court order restitution to be make and defendant cost to be pay by  plaintiff lessor and Kimber and by consent the action in the king bench to be  discontinue without cost and no other action to be bring win for defendant  Hussey and draper for plaintiff barn er p
barn GOODTITLE against Bennington trin geo in ejectment a writ of error be  bring and the bail thereon offer to justify in court it be object by agar for  defendant in error that the recognizance be irregular for that the party  plaintiff in error ought himself to be bind as require by stat car Eyre answer  that by that statute the recognizance of the party himself alone be sufficient  and since he have not take advantage thereof but have find surety defendant in  error have a large and probable better security than by law he be entitle to  the practice be report to be various sometime the party himself be single bind  and at other time surety engage for he the bail justify in court be allow  plaintiff may sue out execution at his peril
barn GOODTITLE against NOTITLE on the demise OF BRYMER and other in ejectment  easter geo the agent for the tenant in possession enter their appearance with  the filazer enter into the common rule and send a note to plaintiff agent that  defendant plead not guilty plaintiff agent sign judgement for want of a plea  in form the counsel for the tenant submit to the court that accord to word of  the rule for judgement against the casual ejector unless the tenant appear a  new declaration against the tenant shall in strictness have be deliver before  a plea in form can be require judgement set aside without cost Skinner and  will for defendant prime and Bootle for plaintiff
barn gorman against boil mich geo eight day notice of trial be hold to be bad  and the verdict obtain by plaintiff without defence be set aside the place of  defendant abode be in Ireland
barn gower and his wife against hunt easter geo per cur the evidence offer to  be give by defendant ought to have be receive at the trial be to set off a  certain debt of equal degree with the plaintiff demand the general issue must  be understand to be any general issue a new trial be order vide this case in  Michaelmas term last notice and countermand
barn green against Littleton esquire trinity geo plaintiff debt appear by  affidavit to be eighty shilling issue have be return on the alias distringa  rule that the sheriff of Middlesex shall return issue on the pluries distringa  draper for plaintiff
barn green against upton the rule to transcribe the record be serve on  plaintiff in error and for want of transcribe a nonpros be sign plaintiff in  error move to set aside the nonpros insist that the rule to transcribe ought  to have be serve on forest his know attorney in the cause and not on plaintiff  himself and obtain a rule to show cause which be discharge the court declare  the service sufficient rule to transcribe be except out of the general  practice service thereof on the party have be always hold good agar for  plaintiff Parker for defendant
barn GREENSAL against cooper a prisoner charge in execution in the marshal  court petition that court to be discharge upon the lord Act and be detain  there upon plaintiff undertake to pay his S d per week defendant afterward  remove himself by habeas corpus to the fleet and move to be discharge for  nonpayment of the S d per week court make a rule to show cause but afterward  upon hear counsel on both side the rule be discharge court be of opinion that  defendant have lose the benefit of the Act by remove himself and can only  petition and be discharge by that court out of which the execution issue  Darnall for defendant baines for plaintiff
barn gregory against Gurdon after a exception against the bail put in before a  judge defendant add bail but do not justify in court pursuant to the rule for  perfect bail in four day plaintiff proceed on the bailbond without except  against the additional bail and the proceed be hold regular Hayward for  defendant chapel for plaintiff
barn grey against sander hill geo the writ be returnable tres mich and a  appearance enter by the plaintiff the declaration be leave in the office  November and rule to plead then give notice of the declaration file be serve  on defendant November defendant move last term to set aside the judgement and  obtain a rule to show cause which be make absolute upon hear counsel on both  side the declaration not be deliver de bene be be only well deliver from the  time of notice and before that time no rule to plead can be give chapel for  defendant Eyre for plaintiff
barn grub against crick hilary geo after a supersedeas order for want of  plaintiff proceed to judgement within three term after declaration and before  defendant can be discharge the same plaintiff cause he to be charge with a new  declaration which the court hold regular be for a different cause of action  and the rule to show cause why a supersedeas notwithstanding the declaration  be discharge prime and Hayward for plaintiff Skinner for defendant
barn Halsey against Feltham this be a action of trespass for enter plaintiff  close and pull down a be defendant move to plead double videlicet book  property and a justification of pull down the be as a nuisance and a rule nisi  be obtain but be afterward on hear counsel on both side discharge by the court  the matter pray to be plead be inconsistent baines for defendant chapel for  plaintiff
barn Hannaford against Holman easter geo notice of the declaration be leave in  the office be without date and notice of the execution of the writ of inquiry  be at ten in the forenoon or as soon after as the sheriff can attend the court  upon hear counsel on both side hold both notice bad and therefore set aside  the judgement and inquiry chapel for plaintiff Eyre for defendant
barn Hartley alias green against Atkinson mich geo motion by plaintiff and  rule to show cause why a nonsuit at last Yorkshire assize shall not be set  aside plaintiff at the trial have offer in evidence a unstamped copy of a  record of proceed at the session of the peace to which defendant counsel  object the want of stamp the plaintiff counsel give up the point and submit to  a nonsuit though on look into the act of parliament since it appear that no  stamp on such copy of a session record be requisite per curian the stand rule  be that if a nonsuit be regular the party be out of court and it can be set  aside if irregular it be not consider as a nonsuit Lord chief justice not  quite satisfy with this rule but till the judge of all the court of  Westminster agree to alter it the rule must stand if the court be to set aside  regular nonsuit the merit of cause and point of law will be bring into  question on motion prime for defendant Bootle for plaintiff
barn have against FARETTES defendant be bring to the bar by the warden of the  fleet by virtue of a habeas corpus ad to give satisfaction in order to be  charge in execution at plaintiff suit produce the allowance of a writ of error  and object that as such writ be seal and allow he ought not to be charge but  the court say they will not intermeddle plaintiff may proceed at his peril and  thereupon defendant be charge in execution
barn haward against NALDER motion be make that a common appearance may be  accept in this cause for defendant the affidavit to hold he to bail have be  swear before plaintiff attorney as a commissioner and a rule to show cause be  obtain but be afterward discharge it have be hitherto the constant practice  for plaintiff attorney to take the affidavit to hold to bail practiser  apprehend that no action be commence at the time of swear such affidavit they  be not within the same rule as affidavit swear before the plaintiff attorney  in cause depend it be say by the court that this matter will be consider by  all the judge at their meeting to settle the practice upon some doubt that  have arise upon the construction of the late act of parliament
barn hawes one c against rix mich geo point reserve at the trial and argue in  the court be whether the placita in the record refer to a time more than a  month after plaintiff bill of cost deliver be sufficient to support his action  for fee c charge in his bill or that in order to show the commencement of the  suit plaintiff ought not to have produce his attachment of privilege the  original writ or a examine copy the statute g require such bill to be deliver  a month before action bring the bill be prove to be deliver that September the  placita be of Hilary term then next the term of which issue be join the court  be of opinion that plaintiff ought to make out his case by the best evidence  the nature of the thing will admit the placita be not conclusive the writ may  correspond with it and yet bear testae the first day of Michaelmas term which  be before the month expire nor be the placita the best evidence because  plaintiff may have have the writ judgement for defendant nisi causan ante  enclosed space termini No cause show will for plaintiff Bootle for defendant
barn hay against Thornton easter geo a rule be obtain by defendant for cost  against plaintiff and the same not be pay before defendant death be demand of  plaintiff by virtue of a letter of attorney from Thornton defendant  administratrix which matter appear by affidavit and that the letter of  administration and power of attorney be show to plaintiff at the time of the  demand court make a rule for a attachment against plaintiff for nonpayment of  these cost upon belfield motion
barn heart against whitlocke after the cause call on and make a remanet by  consent defendant move to put off the trial by reason of the absence of a  material witness it appear this witness be material be a matter that do not  come to defendant knowledge time enough to move two day before the last day  appoint for trial the rule be make absolute to put off the trial Skinner for  defendant will for plaintiff
barn Heathfield against allen mich geo Skinner for defendant move to plead  double non assumpsit and plene to manage which be deny by the court no  affidavit be produce that defendant have full administer
barn hellier against Hallett widow administratrix in case nine count trinity  geo rule make absolute give defendant leave to pay S into court on the common  rule with respect to the that and that count and as to the rest to plead the  general issue the statute of limitation and a setoff this be similar to  covenant for nonpayment of rend where other breach be also assign if plaintiff  take the money out of court he must have cost of the whole to that time  Fawcett against roll mich Geo the court will not give defendant leave to pay  money into court and plead as to some of the count and demurrer to the rest  James against Hosey mich Geo in sir George cook print case of practice prime  for plaintiff draper for defendant
barn hemings against Robinson mich geo a point be reserve at the sit of nisi  prius whether on the proof of the endorsor of a promissory note his  acknowledgement that the name endorse on say note be his handwriting be  sufficient to prove the endorsement in a action bring by plaintiff as endorsee  against defendant as drawer the objection be that no person confession but the  defendant himself can be evidence and the endorsors hand must be prove the  objection be hold good and the verdict as to the second promise in the  declaration be order to be vacate
barn herbert against flower and other in trover trin geo rule to show cause  why defendant shall not plead double not guilty and that plaintiff become a  bankrupt and his effect be assign discharge these plead be not both necessary  for the defence they amount to a inversion of the action and plead property in  defendant the latter may be give in evidence on the former on non assumpsit  every thing may be give in evidence but a general release Bootle for defendant  prime for plaintiff
barn herbert against shawe chapel move to change the venue from Cumberland  into Lancashire which be a county palatine the motion be deny anger against  Wilkins this be a action on the case for several set of scandalous word speak  of plaintiff by defendant plaintiff on the trial obtain a verdict and the  damage be find entire though some of the word be not actionable Belfield move  for a venire facias de to make new on payment of cost that plaintiff may sever  his damage accord to a ancient rule of court which be grant by the court Eyre  for plaintiff
barn hester against hall after notice of trial give and regular countermand  plaintiff obtain a rule to discontinue upon payment of cost after the notice  of trial and before the countermand a witness for defendant who reside in  London set out for York assize and the question be whether the expense of this  witness can be allow defendant in cost the court hold that as the countermand  be regular cost for this witness can not be allow draper for defendant will  for plaintiff Bailey v semple Barnardiston er bailey against semple trinity  geo defendant be beyond the sea and his attorney dead rule absolute that  demand of a plea in the office shall be sufficient notice upon affidavit of  service of a rule to show cause on one of defendant bail and that the other be  not to be find draper for plaintiff
barn hobson esquire against parker esquire and other in trespass hill geo  defendant Parker set up a prescriptive right to common from Lammas to  Candlemas on the locus in quo whereon issue be join before but not try at last  assize plaintiff appear to be a freeholder and defendant Parker to be a  freeholder tenant within Lord Dartmouths manor of Lewisham defendant Parker  move for leave to inspect the court roll as to the usage and custom of common  right on show cause by defendant and the lord of the manor it be urge that  though the tenant of copyhold or customary manor have a right to inspect court  roll which contain their title yet as this be a freehold manor and the court  not in nature of a court of record as a copyhold but a common court baron and  the roll the lord private property the freeholder within the manor be not  entitle to inspect the roll which be the lord title especial as there be  nothing in the plead about the custom of the manor for defendant Parker it be  say that though a stranger have not barn er p every tenant have a right to  inspect the lord roll that no title appear on the roll of a court baron that a  court baron can present and amerce though not fine that the freeholder be  judge of the court baron and have a right to see its legal proceed rule  absolute upon Mr Pickering Lord Dartmouths steward for leave to inspect c ut  above draper and win for defendant Parker will and pool for plaintiff and Lord  Dartmouth
barn hobson on the demise OF bigland against dobson mich geo in ejectment win  move for the landlord to defend upon statute Geo the court object that this  motion can not proper be make till after judgement sign against the casual  ejector and that affidavit ought to be produce of the tenant refusal or  neglect to appear win answer that immediate after judgement sign against the  casual ejector plaintiff may take possession the court hold the affidavit  necessary and therefore make no rule but declare that the intent of sign  judgement against the casual ejector be only that the plaintiff after have try  his cause against the landlord the tenant not be a party may have the benefit  of his verdict and take possession under the judgement which under such  verdict he can not it seem reasonable upon a proper affidavit to grant a rule  to show cause before judgement against the casual ejector can be sign to  prevent the ill consequence of take possession immediate after
barn holland against heron trinity geo the sheriff and coroner of London be  interest in the question to be try agar for plaintiff move that defendant may  show cause why a special jury shall not be strike and return by elizors to be  appoint by the court per cur the special jury may be move for of course after  elizors appoint the first rule be to show cause why it shall not be refer to  prothonotary cook to consider of two fit person to be elizors and to report  which rule be make absolute without opposition and the prothonotary have name  John Wakelin and Elisha Biscoe the next rule be to show cause why they shall  not be appoint elizors by the court which rule be also make absolute without  opposition
barn huckle against ambrose trin geo defendant be bring by clendon one of his  bail to Mr justice denton chamber and surrender and the To give back see sign  by the judge whereupon clendon fraudulent depart and refuse to pay the fee  price the tipstaff look upon this to be a trick and that the surrender be not  complete without payment of the fee refuse to take charge of the defendant who  go away at large price upon affidavit of this matter apply to the court to  vacate the surrender and clendon be order to show cause and upon show cause  the fact appear to be as state by price affidavit the court be of opinion that  the entry of the To give back see upon the bailpiece be only a escrol and a  warrant to the filazer to enter the surrender upon record as it be Clendons  duty to pay the fee and he refuse the surrender be no surrender but  ineffectual and ought not to be record and the entry upon the bailpiece be  obtain by fraud and imposition be order to be strike out vide Farisley Keble  chapel for price wright for clendon
barn Humfreys against ware trin geo court be of opinion that a plea in  abatement after the rule for plead be out be a nullity and plaintiff may sign  his judgement Hawkins for plaintiff baines for defendant
barn Humphreys against daniel easter geo plaintiff recover judgement defendant  bring a writ of error and pen that writ plaintiff bring a action of debt on  the judgement and after judgement therein levy execution and the question be  whether plaintiff can do this without leave of the court per cur defendant may  have move the court to stay proceed in the action on the judgement pen the  writ of error which be always grant but have make no such application  plaintiff be regular Corbet for defendant chapel for plaintiff
barn incledon against clarke in error easter geo after writ of error allow and  notice thereof give plaintiff in the judgement execute a be made fa for want  of bail within four day defendant move to set aside the be made fa suggest  that plaintiff can not regular take out execution till after a certificate  from the clerk of the error that no bail be put in the court discharge the  rule such certificate have be frequent take out of caution but be not  essential necessary the statute car be positive as to bail within four day  vide general rule Trinity mich car No bail be yet put in bail ought to have be  put in before the motion a question arise whether after bail perfect the good  can be restore vide meriton against Stevens mich Geo Sykes against Dawson hill  Geo hold that if defendant person be take by a can sa and bail in error  afterward perfect the person shall be discharge but in case of a be made fa  the proceed so far as the sheriff have go must stand draper for plaintiff will  for defendant
barn Jeffs against slater vide rule Trin Geo agar move for cost for not  proceed to execute a writ of inquiry accord to notice the notice not be  countermand deny
barn JEYNES who tam against Stephenson easter geo this be a action on penal  statute Elizabeth against defendant for exercise the trade of a glover not  have serve a apprenticeship and on the trial the jury find a verdict for the  defendant cost be tax on the postea and levy on plaintiff by can sa Eyre move  for plaintiff to set aside the can sa and for restitution urge that as in this  action if plaintiff have recover he will not have be entitle to cost so though  the verdict be against he he be not liable to pay cost and a rule be make to  show cause which be discharge plaintiff be a common informer and not the party  grieve and be liable to cost infra statute Elizabeth cap sect ander Sav salk  Kirkham against Wheeler Parker and draper for defendant
barn johns against smith mich geo upon a motion to set aside the verdict for a  variance between the issuebook deliver and the record of nisi prius which  variance be that in the first count in barn er p the issuebook it be allege  that plaintiff be indebt to plaintiff and in the record of nisi prius the  mistake be rectify without proper leave and it be allege that defendant be  indebt to plaintiff the action be case upon several promise and the party name  be right place in the remainder of the first count and in all the other count  and the court hold the variance not to be material to the point in issue and  therefore refuse to set aside the verdict Daniel against mare in this court  mich Geo Belfield for defendant chapel for plaintiff venue and venire facias
barn jones against Hayman trin geo plaintiff after have be strike off the roll  of atorneys and solicitor carry on proceed in his own name allege that he be  still a solicitor and act in the name of one Vaughan a attorney pursuant to a  pretend write authority but not be able to verify these pretention rule be  make absolute to set aside the proceed with cost win for defendant will for  plaintiff barn er p
barn jones on the demise OF Rayner against Sandys and other in ejectment  hilary geo point reserve at the trial whether a bind in the condition whereof  a mortgagedemise be contain stamp with a Triple sixpenny stamp read in  evidence for plaintiff ought to have be admit or not for want of its be stamp  with two Triple sixpenny stamp it be insist on by plaintiff counsel that per  stat Ann cap sect every indenture lease or bind be separate charge and  consequent this instrument be both bind and lease or demise ought to have pay  twice the Triple sixpenny duty the court think the Act of parliament dark pen  the revenue act be general frame by the officer concern in the several branch  without be lie before the attorney or solicitor general the Act be ambiguous  it be safe to follow a long series of construction this be one bind of which  there be one execution a feoff with a warrant for livery of seize bargain and  sale operate as a covenant to stand seize or be enrol as lease and release  demise and redemise mortgage with a covenant to pay the money constant think  to be single charge only and the practice have be consonant a different  construction of the Act will make great confusion in purchasedeeds and  settlement often relate to freehold leasehold and copyhold estate in one and  the same deed every copyhold surrender and every admittance seem to be charge  separate and yet one stamp of S d have be hold sufficient for both surrender  and admittance and so be the practice the subject property as well as the king  revenue be to be protect if the deed in question be not evidence it be the  same thing as void for though the commissioner of the stampduty may tempt by a  large sum of money order a stamp to be add yet they be not oblige so to do the  proper time for the objection be when the bind be offer in evidence Lord  Raymond rule that the postea be deliver to plaintiff to sign judgement prime  for plaintiff pool for defendant
barn kettelby against woodcock saint October in treasury mich geo agreement in  write to deliver a certain quantity of good within a certain time at the price  of or in default thereof that defendant will forfeit and pay to plaintiff  action bring for the penalty and upon the question of bail or no bail the  judge be of opinion that defendant ought to be hold to bail
barn kettle against Bulstrode clerk of the jury mich geo a copy of the bill  file with notice to appear be leave with Mr Pritchard defendant deputy after  nine of clock in the evening rule absolute to stay the proceed pool for  defendant prime for plaintiff
barn king against Nichols hilary geo rule to show cause why defendant shall  not have leave to plead a tender as of last term notwithstanding the general  imparlance give by plaintiff object by plaintiff attorney that defendant ought  to have apply on the first day of the term per cur he come time enough within  the first four day rule absolute in the treasury January
barn king against the bishop OF Carlisle and the master and scholar OF the  university OF cambridge trin geo in quare hinder win for defendant move that  the plaintiff king claim a right of patronage may be examine upon oath touch  secret trust for papist pursuant to stat Ann cap and a commission for such  examination be order to issue direct to the three prothonotaries or any two of  they
barn knight against remy defendant have produce his certificate as a bankrupt  allow and confirm move for a common appearance in this action which be debt on  bind for payment of money by instalment some of which be not Payable till  after the bankruptcy and the question be whether this be a debt discharge by  the certificate or not after the first default of payment the bind be forfeit  and the penalty be the debt in law the court will not enter nice into the  matter on bail or no bail rule for common appearance prime for defendant will  for plaintiff
barn lacy against lock in trespass easter geo rule make absolute to plead  double videlicet not guilty and S pay plaintiff in satisfaction for all  trespass to such a time draper for defendant will for plaintiff
barn LAGGETT against Watkins hill geo rule to show cause why proceed shall not  be stay discharge with cost the objection be that no attorney name be set to  the sheriff warrant as require by Act of parliament but per cur the warrant be  not void the Act of parliament be directory only the sheriff be blameable but  the party must not suffer for his default Skinner for plaintiff Hussey for  defendant
barn Langdell against Sutton hill geo a attachment be order against the juror  for determine their verdict by hustle halfpenny in a hat one of they have  discover the matter and swear it the eleven other deny it upon oath but it be  prove that four of they have confess it Eyre move that proceed on attachment  may be stay on payment barn er p of cost to both party without the attendance  of the juror in court who live in Yorkshire and allege that only one of the  juror attend in a like case of part and soams per cur let the juror all attend  to be public admonish that the country may take warning chapel for defendant
barn langley against the bailiff and burgess OF EASTREDFORD hilary geo  defendant be sue in their corporate capacity by common capias ad respondent  and upon affidavit of service a appearance be enter by plaintiff secundum stat  and barn er p plaintiff enter declaration in the office recite that defendant  be attach to answer which can be defendant move to set aside the capias and  proceed thereon object they ought to be sue by pone and distringa and the  court be of opinion that as defendant be sue in a corporate capacity the  capias ad respondend be null and void and the rule to show cause be make  absolute it be agree that have defendant themselves appear the objection have  be waive Bootle for defendant Skinner for plaintiff
barn Langton against TUCKWELL mich geo girdler move to set aside the rule for  a a council no joinder in demurrer have be deliver under counsel hand on show  cause it appear that defendant attorney have accept and pay for the paper book  wherein plaintiff have join in demurrer so long ago as June last and that the  joinder be at that time actual sign by counseI No objection be make till the  day before the time appoint this term for argument Skinner for plaintiff rule  discharge with cost
barn last against denny mich geo motion to set aside inquiry for irregularity  notice be give to execute it at of clock without name any other hour cur hold  it regular provide it be execute before which appear by affidavit court  discharge the rule to show cause Skinner for defendant prime for plaintiff
barn launder a attorney against COKAYN trin geo hold per cur that a attorney  of this court may for a debt good fide but not a note colorable endorse  without consideration sue a attorney of the king bench by attachment of  privilege and the king bench attorney will not be entitle to privilege but  where the atorneys plaintiff and defendant be both of the same court the  proceed must be by bill and not by attachment defendant be entitle to  privilege barn er p
barn LAWNDY against clarke in case mich geo defendant bring a writ of re fa  Lord but take no care to procure it to be return and file within two term  plaintiff afterward obtain a certificate from the filazer that the re fa Lord  be not file and thereupon the cursitor make out a procedendo as usual and  plaintiff proceed to trial and have a verdict in the court below defendant  insist that the certificate ought to have be from the prothonotary and not the  filazer in replevin the re fa Lord be file by the filazer but in all other  action by the prothonotary and so the officer report and the court hold the  practice to be the rule to set aside the procedendo be discharge the  application be too late rule to show cause why re fa Lord shall not be take  off the file enlarge but never final determine draper for defendant  Barnardiston for plaintiff
barn leaver against witcher hill geo plaintiff have regular sign judgement  defendant obtain a rule to set it aside on payment of cost plead a issuable  plea c defendant afterward plead the statute of limitation and plaintiff move  to set the plea aside a rule be grant to show cause and make absolute the  court never give leave to plead this plea after a regular judgement sign  defendant must be bind to plead the barn er p general issue unless in case of  a fair and honest defence where a justification be absolute necessary Hawkins  and wright for plaintiff draper for defendant
barn lewis against Askham hilary geo agar move to change the venue from  Yorkshire into the city of York deny per cur
barn lister against wainhouse trin geo plaintiff except against the bail and  for want of a justification in time proceed upon the bailbond a declaration be  deliver in the original action after the time for put in bail expire as a  declaration de bene be defendant move to stay proceed on the bailbond insist  that this declaration must be look upon as deliver in chief and consequent as  a waver of the exception and that the demand of a plea confirm it the court  overrule the first objection as to the declaration but hold the demand of a  plea to be a waver of the exception it be admit defendant to be in court and  in a condition to plead rule absolute to stay proceed on the bailbond prime  for plaintiff Bootle for defendant justice Burnett solus in cur
barn Littleton executor against hanson mich geo plaintiff move for leave to  take out execution no bail be put in or writ of error bring by defendant and  the action be in debt on bind condition only for payment of money accord to  the true intent and meaning of a indenture and not performance of covenant  also rule to show cause upon show cause Lucas against Armstrong mich Geo be  quote and the court hold that by the statute James cap bail be require if the  bind have be general for performance of covenant in a indenture and the only  covenant in that indenture for payment of money bail must be give on writ of  error time be give to defendant to put in bail Hayward for plaintiff
barn lloyd against painter rule to show cause why proceed on bailbond shall  not be stay make absolute on payment of cost accept declaration in the  original action plead the general issue and take notice of trial within term  and the bailbond to stand for security plaintiff have be delay of trial it be  object for defendant that plaintiff have delay himself he may have declare de  bene be but per cur there be no necessity for so do Huggins v Bambridge barn  KB er Huggins against Bambridge a capias ad to answer endorse for bail be  issue defendant before the return of the writ and before he be arrest put in  bail before a judge and give notice thereof to plaintiff attorney plaintiff  regard not the notice but cause defendant to be arrest and he be in custody  move for a supersedeas and have a rule to show cause it appear that plaintiff  have not except against the bail within twenty day after notice thereof the  court be of opinion that the bail ought to stand and the rule be make absolute  Eyre for plaintiff Skinner for defendant barn er p
barn lord Hillsborough against JEFFERYES esquire trinity geo this be a action  for a criminal conversation with plaintiff wife and the damage be lie for  defendant move for a trial at bar upon a affidavit barn er p that he have  upward of twenty witness to be examine rule make to show cause which be  afterward make absolute plaintiff have liberty to examine a witness in a ill  state of health before a judge in the mean time and defendant consent to waive  his privilege of parliament Darnal for defendant chapel for plaintiff
barn low against ravel easter geo the defendant be surrender by his bail to  the king bench prison instead of the fleet by mistake he be afterward  surrender right and the bail move to stay proceed upon the bailbond a rule be  make to show cause which be afterward discharge upon hear counsel on both side  the plaintiff have be delay of a trial Eyre for defendant Hawkins for  plaintiff
barn Macdonald against gunter hilary geo forest plaintiff attorney deliver a  very long declaration for enter plaintiff house and take and carry away his  good forest have in every count repeat the particular contain in a inventory  of defendant good take at the time they be distrain for rend on account of  which distress this action be bring with some small variation in the  description of the good and lie the trespass on different day court upon hear  counsel on both side it appear that the action be bring for one and the same  trespass order two of the count to be strike out and forest to pay cost wright  for defendant comens for plaintiff and forest
barn man against williams this be a action bring on a bottomreebond and the  question be bail or no bail two affidavit for bail have be make by alderman  Willimott the first be that the alderman believe defendant be indebt to  plaintiff c which be hold insufficient where the affidavit be make by a three  person it must be positive unless in the case of a executor c where belief be  sufficient the alderman by leave of the court make a second affidavit that  defendant be indebt to plaintiff c if the ship Sussex be not avoidable lose  the ship be agree to be lose and affidavit be read on both side controvert the  fact whether the loss be unavoidable or not per cur the second affidavit of  the alderman be prima fancy sufficient otherwise there can be no bail on  bottomreebonds but the affidavit ex part to ward off turn the balance the  alderman be support by two person who swear the ship may have be save but for  the defendant eleven person swear the loss be unavoidable rule absolute for  common appearance Skinner and Belfield for plaintiff prime and Burnett for  defendant barn er p
barn martin who tam against skinner the defendant attorney leave a note at the  house of plaintiff attorney on a double penny stamp in this manner videlicet I  plead nil debet you c and the plaintiff attorney without send notice to  defendant attorney that he expect a plea in form sign judgement and upon a  motion to set the judgement aside it be hold to be regular and the note  aforesaid to be no plea plea deliver to atorneys must be draw up in the same  manner as to be leave in the office
barn Martindale against galloway executor c Darnall move for defendant that he  may have leave to withdraw his plea of judgement and bind plead in bar and  plead plene to manage which upon hear chapel for plaintiff be grant by the  court
barn mason against locust defendant surrender in discharge of his bail the  last day of last term be the quarto die post of the return of a action of debt  upon the recognizance at Mr justice denton chamber after the rise of the court  the filazer make a general entry of the surrender upon record as do in court  the plaintiff move that the roll may be take off the file and a rule to show  cause be make which be afterward make absolute upon hear counsel on both side  the surrender not be to sit curian be too late chapel for plaintiff Hawkins  for defendant
barn mason against obrien esquire earl of inchiquin in the kingdom of Ireland  have privilege of parliament mich geo summons returnable tres mich distringa  returnable saint October alias distringa returnable that November S issue  return Bootle for plaintiff move to increase issue on the pluries distringa to  a good sum produce a affidavit that the debt be the practice here have  hitherto be to double the issue return from time to time and not further to  increase the same but the court of king bench and exchequer have do more this  court conformable to the practice of the other court order issue to be return  on the pluries distringa to
barn Maurice against ENGIER mich geo defendant obtain a judge order for time  to plead plead a issuable plea rejoin gratis and take notice of trial within  term defendant plead accord and plaintiff reply and then defendant instead of  rejoin demurrer mere for delay plaintiff not have time to set down the  demurrer to be argue within term sign judgement defendant move to set aside  the judgement and a rule be make barn er p to show cause upon hear counsel on  both side the court think defendant practice a mere trick and discharge the  rule by rejoin gratis be mean rejoin without the common four day rule to  rejoin Bootle for defendant draper for plaintiff
barn mayor c OF the borough OF leicester against green alias smith special  action on the case trinity geo rule make absolute to change the venue from  London into Leicestershire upon read the declaration without the usual  affidavit it appear that the action be bring on a custom of the borough of  Leicester against defendant for exercise the trade of a watchmaker within that  borough not be a freeman and not on a market or fair day note the borough of  Leicester be within the county at large there be a commission of gaoldelivery  every assize for the borough but no commission of nisi prius will for  defendant Bootle for plaintiff
barn negative against positive ex dim parson per cur a ejectment on a vacant  possession in London or Middlesex on the new Act of parliament may be move at  any time in term and be not within the old rule concern motion in ejectment  Trin car which relate only to declaration in ejectment serve upon tenant in  possession barn er p
barn Nesbett against farmer mich geo defendant after obtain a judge order for  time to rejoin rejoin issuably demurrer to plaintiff replication plaintiff  move to set aside the demurrer and obtain a rule to show cause whereupon  draper for defendant insist that as the replication stand defendant can not  with safety rejoin issuably but must demurrer to bring the merit of his case  in question the court hold a demurrer not to be a barn er p issuable rejoinder  within the judge order but that whether it be necessary or not may appear  plaintiff be order to join in demurrer and the rule be enlarge till after the  argument pool for plaintiff deaf and dumb person
barn Newby against burton defendant have move to change the venue upon the  common affidavit it be object that he have obtain time from a judge to perfect  his bail and therefore the motion come too late but the objection be overrule  after a order for time to plead plead a issuable plea defendant can move to  change the venue but barn er p it have never be hold so after time to perfect  bail wright for defendant Eyre for plaintiff
barn newma against leech executor rule make absolute give defendant leave to  plead double videlicet ne unques executor and plene to manage no cause show by  plaintiff to the contrary pool for defendant Simpson against neal esquire trin  geo to a plea in bar of a former judgement recover for the same debt now sue  for which plea be sign by a sergeant at law plaintiff deliver a replication of  nul tiel record not sign by a sergeant whenever the plea be sign by a sergeant  the replication must be likewise sign rule absolute to set aside the  replication in this court all plead must be sign by a sergeant except non  assumpsit non cul comperuit ad diem son assault demesne plene to manage riens  per dissent nul tiel record per mina to loosen ad diem ne unques executor ne  unques administrator infra lifetime non be factum nil debet payment of rend in  covenant c Wilson for defendant prime for plaintiff
barn Nichols against DALLYHUNTY affidavit to hold to bail make by plaintiff  wife who be convict of pocketpicking be transport and afterward be convict of  return from transportation receive judgement of death these matter appear from  record she be look upon as a infamous person and no credit give to her  affidavit plaintiff offer to produce supplemental affidavit to prove that  defendant have confess the debt and that he intend to fly into Ireland but per  cur this woman can be a witness in any case and as there be not a sufficient  affidavit to find the process that defect can be now supply rule absolute for  common appearance Eyre for plaintiff Hayward for defendant
barn Nicholson against constable attorney easter geo plaintiff declare with a  memorandum upon a bill but omit in the memorandum the word in a plea of  trespass upon the case defendant demurrer and show this omission special for  cause per cur the plea appear by the bill which be set forth verbatim in the  declaration judgement for plaintiff comens for plaintiff glide for defendant  adkin against Worthington attorney Trin Geo
barn noble against lancaster this be a action of trover whereto defendant  plead non assumpsit and issue be join the cause be try and a verdict find for  the plaintiff but the issue be immaterial the judgement be arrest and a  repleader award a rule to replead be afterward give by the plaintiff and for  want of defendant repleading judgement be sign by default and a writ of  inquiry execute the question be whether the prothonotary in tax cost on sign  the final judgement shall allow plaintiff the cost of the immaterial plead and  trial c et per cur no cost be give at the time of the repleader grant and  there can be none now both party have be in fault the immaterial plead be void  and neither party can have cost for it Ventr walker against brook Trin Gul  Belfield for defendant Eyre for plaintiff
barn noble against lancaster this be a action of trover whereto defendant  plead non assumpsit and thereupon issue be join and plaintiff obtain a verdict  Belfield move for defendant in arrest of judgement and the court make a rule  to stay the entry of final judgement till cause show by plaintiff
barn norman against beard a former action be bring by plaintiff and his wife  wherein defendant be arrest and imprison for want of bail which action be  discontinue and defendant charge de to make new in custody action plaintiff  only without his wife for the same sum and cause of action rule absolute for  common appearance and supersedeas Davy for defendant Hewitt for plaintiff
barn northern administrator against oliver on the saint December plaintiff  intestate die and on the that of same December interlocutory judgement be sign  of the Michaelmas term precede defendant move to set aside the judgement and  the subsequent proceed by cognizant fa thereupon upon show cause the court be  of opinion that the roll have be file before the essoign day of Hilary term  the judgement be good by relation though the party be dead before the actual  sign especial as it be only interlocutory and no day of sign be require to be  set to it oades against uvoodward salk and the rule to show cause why the  judgement c shall not be set aside be discharge win for defendant draper for  plaintiff
barn Norton against lutwidge mich geo motion by defendant for a common  appearance on produce a duplicate of his discharge at the session of the peace  under the late statute as a fugitive for debt plaintiff object that defendant  be a Irishman and instead of fly from his native country flee to Ireland as  mention in the duplicate and that Ireland be not within the word of the  statute foreign part the court do not think it necessary to give a opinion  whether defendant be within the statute or not or whether on the face of the  duplicate the session have exceed their jurisdiction the quartersession be to  determine as to immediate liberty afterward the court or a judge be to  discharge defendant on produce his duplicate plaintiff may put the point on  trial but defendant must not remain in chain till the determination rule  absolute for a common appearance win for defendant will for plaintiff
barn NUTKINS executor against wilkin hill geo judgement in action on bailbond  sign two day after plaintiff death and the suit thereby abate plaintiff give  defendant time to plead and die before that time expire now the bailbond be  put in suit by the executor of the late plaintiff decease and defendant apply  to stay proceed the capias in the original action be returnable tres mich and  plaintiff may have have judgement in his lifetime if defendant have not make  default by not put in bail above proceed stay in the original action and on  the bailbond on payment of agree to be the debt and cost in the original  action and in this action No cost in the first action on bailbond wherein  there be no default by defendant prime and draper for plaintiff Hayward for  defendant
barn ormond assignee of the sheriff against Griffith defendant put in the same  bail before a judge in due time as be bail to the sheriff plaintiff except  against the bail and for want of addition or justification take a assignment  of the bailbond and proceed thereupon defendant move the court to stay proceed  upon the bailbond allege that plaintiff by accept a assignment thereof have  admit the bail to be good but the court upon hear counsel on both side refuse  to stay the proceed the plaintiff by a late rule of court make in Michaelmas  term Geo be at liberty to except against the bail above although it be the  same bail that be take by the sheriff chapel for defendant Eyre for plaintiff
barn Ottiwell against DAETH trin geo after rule to plead expire defendant  obtain and serve a judge summons for time to plead plaintiff attorney  notwithstanding the summons sign judgement defendant move to set aside the  judgement and on show cause the court hold the judgement to be regular a  summons for time after rule to plead expire be not a supersedeas or stay of  proceed the judge be impose upon he will not have grant the summons have he  know the rule be out the judgement be regular but be set aside on payment of  cost plead the general issue and take short notice of trial price for  defendant Belfield for plaintiff
barn patrick against pettis the question be whether the landlord rend shall be  pay out of the money levy in execution upon the defendant good who be a  bankrupt and thereupon another question arise whether or no if the defendant  be a bankrupt before the levy the good be liable to payment of the rend the  court think it a proper matter to be determine by a jury whether the defendant  be a bankrupt or not at the time of the levy and direct a issue to be try  accord wright for the landlord baines for the assignee
barn Penrice against Jackson the sheriff of the city of Worcester have return  to the venire facias the name of juror only though at least be require by the  statute Geo the sheriff before the habeas corp jurat be return perceive their  mistake return to it the name of juror and plaintiff proceed to trial  defendant make no defence but move to set aside the verdict per cur though  imperfect return may be help by the statute yet here the fault be in the  matter of fact the return barn er p of the habeas corp must be of the same  juror summon on the venire facias the rule to set aside the verdict be make  absolute Parker for defendant Eyre and Skinner for plaintiff
barn Penrice widow against Penrice by writ of dower unde nothing to have  trinity geo on the execution of a writ of inquiry the jury find for damage the  value of a three part of the land from the time of the husband death to the  day of the inquisition without any deduction for reprizes videlicet landtax  repair and chiefrent and for cost the jury give the amount of the attorney  bill for the demandant upon his evidence that the same be a reasonable charge  and he expect it from his client damage be give by the statute of Merton cost  by the statute of Gloucester the court think that the value of the three part  of the profit run since the death of the husband shall have be compute only to  the time of award the writ of inquiry and not to the day of the inquisition  that a allowance ought to have be make for reprizes the word of the writ be  ultra reprisas and that the attorney bill to his client the demandant ought  not to have be the measure of cost the inquisition be set aside and a new writ  of inquiry order to be execute before a judge at next assize on payment of  cost Skinner for tenant birch and win for demandant quaere whether the jury  shall hot have give common cost one shilling as usual and the rest be tax and  allow de increment per prothonotary but this be not before the court
barn pettit and other against Molloy mich geo Ha cor ad satisfaciend in this  cause only three judgmentrolls produce in this and two other cause by attorney  for plaintiff who desire that defendant may be charge in execution in all  three by the judge in the treasury defendant can only be charge in that cause  wherein the ha cor be bring there must be a ha cor on every judgement
barn pit against crying Euhan mich geo rule for civilian to be hear on both  side in relation to a prohibition dr lee attend to argue against the  prohibition but none will attend to argue for it as by affidavit appear per  cur we ought to hear civilian on both side or not at all enlarge the rule  perhaps when our opinion be know a doctor may attend on the other side  afterward no civilian attend to argue for the prohibition dr lee can not be  hear against it
barn plumb against savage and his wife on demise OF Beam trin geo in ejectment  rule for lessor of plaintiff and Mr peacock his attorney why not a attachment  for prevail upon tenant in possession by undue practice to deliver possession  of the premise which defendant claim as tenant landlord pen the suit and after  rule obtain by defendant to be at liberty to defend their title pursuant to  the late Act of parliament the tenant refuse to appear and enter into the  common consent rule rule discharge it be no contempt of the court but a fraud  which ought to be prevent and be not remedy by the late Act ejectment be a  fiction and in the breast of the court tenant shall be bind not barn er p to  change the possession Skinner and prime for plaintiff lessor and peacock agar  for defendant
barn poulter against greenwood upon a point reserve by Lord chief justice at  nisi prius in a action bring against the sheriff of Lancashire for a escape it  be hold per cur that a assignment of prisoner by a undersheriff to the succeed  highsheriff though not by indenture be a good assignment barn er p
barn price against Everett mich geo defendant have be bring into court in  pursuance of the lord Act and remand to the fleet on plaintiff undertake in  write to allow he S d a week be afterward make a turnkey of the prison gate a  place of profit plaintiff move the court and obtain a rule to show cause why  the allowance shall not be reduce to d per week or such other sum as the court  shall think fit or defendant be remove from his place of turnkey on show cause  the court think that defendant ought not to suffer by his good behaviour which  have merit the warden favour and prefer he to a place of trust and profit and  that the weekly allowance have be once determine at S d can be low though at  first it may have be settle at a small sum the rule be order to be discharge  will for plaintiff agar for defendant
barn price against Schomberg trinity geo the sheriff of London return on a  capias ad to give satisfaction that defendant name be register in the  secretary of state office as a domestic of count Haslang a foreign minister  and transmit to they and set up in their office rule to show cause why sheriff  shall not make a better return discharge the sheriff office be not beneficial  but expensive they shall not be drive into difficulty they grant a warrant but  no officer dare execute it if defendant be a domestic the process be void per  statute Ann and Lord chancellor and the two chief justice have power to  inflict corporal punishment the sheriff stand by their return if it be  insufficient plaintiff may apply next term for a attachment Davy for the  sheriff Hewitt for plaintiff barn er p
barn Pritchard against lewis hill geo Writ returnable in easter term last  plaintiff enter appearance accord to the statute and leave declaration in the  office but rest all Trinity and Michaelmas term and before the essoinday of  this term give defendant notice of declaration the declaration be deem well  deliver only from the time of notice and consequent come too late defendant be  then out of court rule absolute to stay proceed Hayward for plaintiff Bootle  for defendant
barn ray and other against hussey rule make absolute on affidavit of service  no cause be show to the contrary for leave to enter a exoneretur on the  recognizance of bail defendant pen the action have become a bankrupt and  obtain his certificate allow and confirm Bootle for defendant N B this have be  do in the king bench it be a new practice introduce to discharge the bail in a  summary way without put they to the trouble and charge of surrender the  principal as former though by the bankrupt Act Geo power be give to a judge to  order the bankrupt after such surrender to be discharge
barn reek and wife against robin defendant be serve with process at the suit  of reek appear and a declaration be deliver a declaration be also deliver by  the by at the suit of reek and wife defendant apply to have the proceed stay  on the declaration by the by there be no process to warrant it for though by  the practice of the court plaintiff may the same term the process be  returnable declare against defendant as often as he will at his own suit yet  he can declare by the by join with big wife or any other person and there be  great reason for it since the statute to prevent vexatious arrest which  require process to be serve the proceed in the declaration by the by stay  chapel for defendant Eyre for plaintiff
barn REYNOLDSON against blade for covenant break in the treasury easter geo  plaintiff make a affidavit that defendant enter into a agreement with he in  write and covenant to pay he for the purchase of land that plaintiff have barn  er p be always ready to convey the estate on payment of the purchasemoney but  defendant refuse to pay and to take the estate whereby plaintiff swear himself  damnified common appearance order No previous application to a judge damage  uncertain old case Fleetwood against Poictier c be not to be follow where  damage can be reduce to a certainty as in covenant for payment of money or  where a tenant covenant with his landlord to pay a certain sum for every acre  of land he blow up or the like plaintiff be entitle to bail otherwise not  especial without judge order previous it be not reasonable that defendant  shall be hold to bail for such damage as plaintiff fancies he have sustain and  be please to swear to
barn richard against davis trin geo motion by Skinner to set aside execution  upon a judgement in this court on which judgement a action of debt be bring in  the major court of the city of Worcester and defendant be arrest in the say  mayor court and afterward plaintiff take out execution in this court rule to  show cause why plaintiff shall not make his election
barn RICKABY against wilson esquire mich geo this action be bring by plaintiff  a innkeeper at Appleby in Westmoreland against defendant one of the knight of  that shire for a large demand for wine c provide at the last election  defendant move upon the common affidavit to change the venue from Yorkshire  into Westmoreland where the assize be hold but once a year it appear that one  of plaintiff witness be go to Ireland and will not return for two year and  that plaintiff creditor of who he have buy wine c be very press he per cur  upon these occasion the court act accord to discretion and the general rule of  justice and the particular rule of practice in be the practice be settle that  a venue can be change into hull Canterbury c because it be not know when a  assize will be hold there nor into the city of Worcester or Gloucester out of  the county at large because the assize for the city and for the county at  large be hold at the same place in easter or Trinity term the venue may be  change into a city or county where the assize be hold but once ayear as  Bristol Cumberland c in Michaelmas and Hilary term there be no certain rule  but the court shall change the venue then if it can be do without manifest  inconvenience this action be lie in the next county to that where the cause of  action accrue have it be lie in Middlesex or any distant county the court  probable will not have oblige defendant to bring his witness some of who  appear to be age and infirm so far but in this case it will be injustice to  deny trial at next Yorkshire assize the rule to show cause why the venue shall  not be change be discharge prime and will for plaintiff Skinner and Bootle for  defendant
barn roe against do ex dim Jefferyes and other in ejectment the declaration be  leave with the father of the tenant in possession with the usual subscription  and he be acquaint with the content after which and before the essoinday the  tenant acknowledge the receipt of it hold sufficient service Belfield barn er  p
barn roe against do in ejectment on the demise OF Cholmondly and his wife for  a considerable estate in Yorkshire late sir butler wentworth decease hill geo  rule for tenant in possession to show cause why issue to be join shall not be  try at bar next term object on the part of lady Wentworth the landlady sir  butler widow that a trial at bar can be move for by plaintiff till after  appearance and the time to appear will not expire till four day after this  term two rule of the court of king bench produce one by consent the other not  by consent except as to nisi prius cost where trial at bar have be order  before appearance rule absolute for trial at bar on that may next if plaintiff  motion have not be receive before appearance no trial at bar can be appoint  till next Michaelmas term lady wentworth counsel pray the conditional rule and  to defend for part which be grant and six week time to describe the part  defend for prime all for lessors of plaintiff Skinner all for lady Wentworth
barn roe against do on the demise OF Stephenson in ejectment in Middlesex  prime move for judgement upon a affidavit of service of a declaration entitle  Trinity term that instead of that that Geo and pray a rule for judgement  unless the tenant appear within four day after notice he quote York on the  demise of chamber against Ferris where the declaration be entitle Trinity that  instead of d that Geo in Cornwall move in Michaelmas term that and such a rule  be make but upon affidavit of service thereof the court by a second rule  enlarge the time for appear till four day after the next issuable term Hilary  as usual in country cause per cur the declaration in ejectment be the first  process and there be nothing precede whereby it can be amend this single  precedent without opposition be not of weight sufficient to overturn the  general practice and the first rule do not seem to have be well consider a new  declaration may have be deliver before the essoign day of Hilary term and  plaintiff will have be as forward thereby as by his former declaration and in  country cause where declaration be of Trinity the notice may be good to appear  in next Hilary pass over Michaelmas though not the usual practice No  declaration in ejectment in the king bench or here can be amend before  appearance and afterward in form only but not in the demise or other matter of  substance the court can make no rule in this case
barn roll esquire against Lytton and other in trespass rule to show cause why  some of defendant shall not plead two matter videlicet non cul and that the  premise in question be the freehold of sir William Courtenay baronet discharge  the place be ascertain by the declaration and plaintiff may give the same  evidence on the general issue as on both plead Belfield for plaintiff draper  for defendant
barn roquett against roquett trinity geo defendant a insolvent debtor be bring  into court the first time by rule in pursuance of the lord Act and discharge  make a assignment of his effect a promissory note be offer defendant for  payment of S d per week give by plaintiff at parish where he reside but no  regular affidavit of plaintiff sign the note be produce swear before a judge  or commissioner of this court defendant can be compel to accept it plaintiff  attorney offer his note for S d per week but such note have be often refuse  plaintiff attorney desire further time but as defendant application be make  last term and plaintiff attorney have agree that defendant shall have the  benefit of the Act this term further time be deny
barn ROWNSON and his wife against Williamson mich geo action bring for the  labour of plaintiff wife do for defendant during coverture plaintiff fail in  the action and the wife only without the husband be take in execution by can  sa for cost the court hold that as the demand do not accrue to the wife dumb  sola she be wrongful join a party in the action and that the wife who by law  be suppose to have nothing whereout to make satisfaction ought not to be  detain in execution the rule to discharge the wife be make absolute if in such  case the wife can be detain a runaway husband will have it in his power to  procure his wife to be imprison Bootle for the wife prime for the defendant
barn rudd and come trin geo Skinner move on behalf of Rudd that a submission  between the party contain in the condition of arbitration bind may be make a  rule of court and produce the bind execute by go per cur be it so coes consent  be show by the bind execute by he and the motion be make on behalf of Rudd
barn russell against martin capias returnable that Trinity plaintiff appear  for defendant July give notice of a declaration and for want of a plea sign  judgement and that November barn er p give notice of execute a writ of inquiry  that November defendant move to set aside the proceed insist that the  appearance be a nullity the court think that the application ought to have be  make in the first instance by consent judgement set aside without cost  defendant to appear nunc pro tunc plead a issuable plea and take notice of  trial for the sit after term Skinner for defendant draper for plaintiff
barn rutter against the bishop OF hereford and the university OF cambridge c  in quare hinder easter geo rule to show cause why defendant shall not plead  nine different matter deny all the fact in the declaration discharge and the  court refuse to grant a commission to examine touch secret trust for papist  accord to the statute without the university consent to plead the Popish Act  only draper for plaintiff Hayward for defendant
barn Sandford against rogers esquire hill geo in case on promise for good sell  and deliver defendant plead a judgement recover by plaintiff against defendant  for the same cause of action in the court of king bench and this he be ready  to verify by the record plaintiff reply nul tiel record conclude with a  general averment thus videlicet and this he be ready to verify c to this  replication defendant demurrer special assign for cause that a general  averment be bad and that the replication shall have conclude with give  defendant a day to bring in the record plaintiff join in demurrer upon  argument pool for defendant insist that as a affirmative and negative be  contain in the plea and replication the issue be then complete and a rejoinder  unnecessary vide before
barn SCARRALL against Horton mich geo defendant pay money into court upon the  common rule which plaintiff accept and after the cost tax and demand move for  a attachment against defendant for nonpayment the court refuse the rule  because as the word of the common rule stand at present defendant be not order  to pay the cost but grant a rule upon defendant to show cause why he shall not  pay cost and declare that the form of the common rule shall be alter and make  Obligatory upon defendant to pay cost agar for plaintiff N B a new form have  be since settle accord barn er p
barn scoffin against Robinson in trespass easter geo plaintiff at last assize  for ken recover a verdict against defendant and at the same assize in a  ejectment on the demise of Robinson defendant in this action against scoffin  plaintiff in this action plaintiff recover a verdict Robinson apply to have  the cost he be entitle to set off and deduct out of the cost to be allow  scoffin rule for that purpose make absolute will for defendant pool for  plaintiff
barn Sellon against chamberlain trinity geo move on Wednesday to put off trial  for Thursday cur we will not receive the motion you shall have come two day at  least before the day of trial you have have eight day notice and come now too  late comens vide title damage vide title evidence barn er p
barn shaw bart against Hawkins this be a action of debt on bind wherein  defendant be hold to bail on plaintiff affidavit defendant move for a common  appearance and that plaintiff may produce the bind to the court upon a  affidavit that defendant have great reason to believe that the whole sum due  be pay by one of his coobligors which will appear by endorsement make on the  say bind when produce plaintiff in answer make affidavit that and upward  remain due to he on the bind after all just allowance that he have see the  bind which be cancel and in full force some few month before but have mislay  it and be severe afflict with the gout can not search among his paper himself  so that it can not be produce it be urge for plaintiff that no declaration be  yet deliver defendant be not entitle to oyer of the bind but after a  declaration with a profert in cur he may demand oyer the court hold that as  the matter of bail be discretionary and as the measure of the sum for which  bail ought to be give be with certainty to he have only from the bind itself  the bind ought to be produce and for want of produce it a common appearance be  order win for defendant chapel for plaintiff
barn Sibley against Sibley defendant take in execution September by can sa  returnable tres mich petition to be discharge on the act for relief of debtor  but per cur he come too late he ought to apply before the end of the first  term after the arrest because the sheriff be liable to answer for a escape  from that time and not from the return of the writ
barn smith against gregg in Yorkshire easter geo the record be offer to be  enter at last assize a little out of time and defendant attorney then present  have refuse to consent that it shall be receive barn er p on application by  defendant for judgement as in case of nonsuit the court refuse to give cost of  the application but order plaintiff to pay cost for not proceed to trial and  peremptory to proceed to trial at next assize pool for defendant will for  plaintiff
barn smith against Huggins trinity geo defendant move for leave to inspect the  book of the Conic LampOffice and have a rule to show cause which be discharge  per cur the proprietor of these lamp be not a corporation their book be not  public nor do they appear to be trustee for defendant wright for defendant  Eyre for plaintiff
barn smithson baronet assignee c against thomas smith gentle a attorney easter  geo William smith gentle defendant in the original action be sue by the  addition of clerk and enter into a bailbond by that addition bail above be put  in within due time for William smith gentle who be arrest by the name and  addition of William smith clerk and plaintiff have except against the bail  they justify in court plaintiff declare de bene be in the original action and  defendant plead in abatement within time plaintiff take the plea out of the  office stay proceed near twelve month and then file a bill as assignee of the  sheriff against Thomas smith gentle a attorney one of the bail in the bailbond  insist that defendant in the original action be estopped from plead in  abatement that the bail put in as above be no bail for William smith clerk and  that defendant ought to be leave to his plea of comperuit ad diem the court  think the application by motion proper and that the original defendant be not  estopped from plead in abatement by the bailbond which must be prout the writ  that the manner he pursue of put in bail be the constant regular method and  the only way to save the advantage of plead in abatement rule absolute to stay  proceed with cost will and Bootle for plaintiff prime for defendant
barn sparrow against reed esquire for damage do to common right trin geo rule  make absolute for the execution of writ of inquiry of damage before a judge at  next assize though no affidavit be produce to support the rule jury be return  in a much better manner at the assize than usual for writ of inquiry a  improper deputy be often appoint to represent the sheriff sometime plaintiff  attorney summary jurisdiction be not to be encourage defendant be in the rank  of esquire he desire that the writ may be execute in the presence of a judge  the extraordinary cost whereof be like to fall on himself will for defendant  prime for plaintiff barn er p inspection OF courtroll and book
barn speed against barber mich geo rule to show cause why proceed on the  exigent post can sa shall not be stay be make absolute the exigent bear testae  that may last and after that day and before the return defendant become a  prisoner in the fleet at the suit of a three person it be notorious at Chester  that defendant be become insolvent and have assign his effect for the benefit  of his creditor steel plaintiff agent be tell by ken defendant agent that  defendant be in custody the exigent be not yet return but remain in the  sheriff hand per cur the exigent be well sue out before defendant commitment  to the fleet and no notice of that commitment be give to plaintiff agent till  after the exigent but the outlawry will signify nothing because it may be  reverse by writ of error let the rule be absolute and plaintiff may charge  defendant in execution roll Abr pl where defendant go beyond the sea after the  testae of a exigent he may be regular outlaw win for defendant will for  plaintiff
barn stafford against little this be a action upon the case on a promissory  note whereto defendant plead nil debet plaintiff look on the plea as a nullity  and sign judgement for want of a plea which the court hold to be regular barn  er p
barn stafford against thompson the commissionday of the assize be Monday and  notice of trial be countermand on Saturday next before and Sunday be the only  intervene day the question be whether the notice be regular countermand or not  the court hold the countermand to be regular and discharge the rule to show  cause why plaintiff shall not pay defendant cost for not proceed to trial  Skinner for plaintiff Bootle for defendant
barn Stannard against fleet a peremptory rule be serve on sheriff of Suffolk  to bring defendant body into court the sheriff instead of put in bail above as  usual bring the defendant in person into court the court commit he to the  fleet charge with the writ of capias ad respondent at the plaintiff suit
barn staple against bird trin geo defendant be arrest by a capias ad  satisfaciend that may pay to the sheriff of ken bailiff S d the sum mention in  the writ which sum the bailiff immediate send to the under sheriff in London  on that of same may Mr Elihu Brideoak plaintiff attorney to who the judgement  whereon say can sa be issue have be assign by plaintiff demand say money of  the under sheriff who excuse himself the can sa not be then returnable at the  return the sheriff return that he take defendant who pay into his hand say S d  and that afterward and before the return to wit that same may a be made fa  against the good of staple the plaintiff in the can sa at his bird executor c  the defendant in the can sa for S be deliver to the sheriff and that he levy  the same out of the money in his hand which with poundage exceed the money  receive under the can sa upon this return and a affidavit of the fact Brideoak  apply to the court and obtain a rule for the sheriff to show cause why he  shall not pay he say S d deduct poundage which rule be make absolute upon hear  counsel on both side nares for Brideoak win for Buffar Esq sheriff of ken fine
barn Stapleton against the baron de stark hill geo plaintiff make a affidavit  for bail that defendant be indebt to her and upward for money lend whereupon  defendant have be arrest move to be discharge on enter a common appearance  show the court by affidavit that defendant have give promissory note for the  plaintiff whole demand some of which be become due and Payable and those note  have be put in suit in the court of king bench by action still pen that the  residue of the debt for which this action be bring be secure by note not due  or Payable plaintiff counsel admit the fact but produce a affidavit from  plaintiff show that she have good reason to think the defendant will sudden  leave the kingdom and therefore she cause he to be arrest for the residue of  her debt for money lend which she be advice she may do though she have  defendant note for it her original debt for money lend not be extinguish as it  may have be have she take a bind or high security the court think the matter  improper to be discuss on this motion rule to show cause why common appearance  discharge wile and draper for defendant prime for plaintiff
barn Stoddard against launder and other trin geo this cause which have be  former put off at the assize for want of a view after a view have be carry  down to trial again at last summer assize and be then leave untried by the  judge and make a remanet for want of time at last assize the cause be try and  plaintiff who obtain a verdict move the court that the prothonotary on  taxation of cost on the verdict shall allow plaintiff cost of the former  assize when the cause be make a remanet plaintiff counsel quote a case in the  king bench easter Geo Standley on the demise of Wheatley against hall in which  the master report that where a cause be make a remanet and neither party to  blame the cost of the former assize be allow after a verdict for the plaintiff  or defendant at the subsequent assize rule to show cause grant which rule be  afterward discharge the three prothonotaries all report the practice of this  court to be otherwise per cur a particular inconvenience must submit to the  stand practice but it may be proper to confer with the judge of the other  court in order to bring about a uniformity nares for plaintiff Hewitt for  defendant damage
barn STUDWELL against BUNTON hill geo defendant be a seaman in actual service  of the king be arrest and hold to bail in the palace court he remove the  action by ha corpus and be discharge by this court on a common appearance  secundum stat Geo cap the debt be under plaintiff object that defendant have  absent from the king service two day after his time of leave give but the  court hold that the service continue while defendant name remain in the ship  book draper for defendant Skinner for plaintiff
barn sykes on the demise OF oat and other against dawson in ejectment hilary  geo Dawson the landlord be make defendant by rule the tenant in possession not  appear after verdict for plaintiff defendant the landlord bring a writ of  error and serve plaintiff attorney with a rule to be present at tax cost  plaintiff sign no judgement on the verdict but move the court produce the  postea and obtain a rule of course for leave to take out execution against the  barn er p casual ejector defendant perceive this allow and serve notice of his  writ of error and move to stay proceed on the judgement per cur the writ of  error be no supersedeas before deliver to the clerk of the error to be allow  vide meriton against Stephens mich Geo where so far as execution have go it  stand and further proceed only be stay in this case the writ of to have fac  possession be execute No rule win and Bootle for defendant
barn tailor against lawson plea deliver in the country hold to be bad though  with notice to set off a mutual debt which notice must necessary be prove at  the assize by the person that deliver it with the plea but the plea be deliver  the first day of last term and the country atorneys both live in the same town  the judgement be set aside and cost be order to attend the event of the trial  Eyre for plaintiff chapel for defendant barn er p
barn tailor against shearman hold per cur that in a notice of a declaration be  leave in the office it be not sufficient to say that the plaintiff declare  upon a note of hand the nature of the action must be express as debt case c  Belfield for defendant Eyre for plaintiff
barn TASHBURN against havelock mich geo notice of trial on a old issue be give  to the attorney in the country and not to the agent in town the question be  whether it be good notice or not per cur the notice on this old issue be well  give to the attorney in the country for it may be give either to attorney or  agent but where notice of trial be give on the issuebook it must be give to  the agent because the issue can be deliver no where but in town notice of  trial and countermand notice of execute writ of inquiry and countermand may be  give either to the attorney in the country or to the agent in town but of  those thing which be to be do only in town notice must be to the agent and all  notice where the party have a know attorney must be give to that attorney or  his agent and not to the party himself there have be no determination of this  court that notice of trial in the country be bad though it bath be so  understand Mountsteven against templar mich Geo atorneys in the country be to  take no notice but of trial inquiry and their countermand easter Geo that  countermand of notice of trial may be give either in town or country
barn the duke OF bedford against bray mich geo rule to show cause why the  venue shall not be change be discharge the declaration contain inter alian a  count on a promissory note plaintiff consent at the peril of a nonsuit to give  evidence on the promissory note prime for plaintiff Skinner for defendant
barn the king against Firebrace bart and other in deceit for suffer a common  recovery of land in Havering attebower come Essex be ancient demesne whereof  the king be now seize mich geo defendant confess the action and the king  attorney remit the damage and pray judgement as appear by the record now read  comens move ex part king for judgement and the court give judgement nisi  causan and no cause be show judgement be enter the same case mich Geo the king  against comens
barn the king against harries the attachment of contempt be returnable the day  before the term chapel move to quash it object that it ought to be returnable  at a day certain in full term and can proper be make returnable on any other  day where the proceed be by original the party may appear on the essoinday or  any of the three day next follow but this process must be returnable on a day  certain and no instance can be show in the king bench or common plea where  such a writ be returnable at a day intervene the essoinday and the first day  of the term wright for the prosecutor urge that all judgement relate to the  sessionday and this be a judicial writ the court be never adjourn on the  essoinday but commence then and continue to the quarto die post the writ be  order to be quash
barn the king against manby on the prosecution OF French decease easter Geo  defendant be outlaw after judgement and take by a capias outlaw object by  prime for defendant that the judgement of outlawry appear to be enter after  plaintiff death and that the capias outlaw issue without a revival of the  judgement he quote Brownlows short catalog Judicialia and the register of  Judicial writ foe a b to show writ of to know facias in such case bring by  plaintiff executor rule absolute to set aside capias utlagatum Wilson for the  late plaintiff
barn the mayor bailiff c OF exeter against coleman hill geo in a action for  petit custom upon hemp flax and other merchandise find on a prescriptive right  defendant move for leave to inspect the corporation table of rate and account  book of sum receive deny this will be look into the plaintiff title defendant  be a stranger and no member of the corporation pool for plaintiff prime for  defendant judgement
barn THOMEUR against rand hilary geo motion make the last day of the term to  change the venue upon affidavit of notice deny because plaintiff can have no  opportunity of show cause note the writ be returnable the second return of the  term and declaration deliver February so that defendant attorney can not  procure a affidavit from his client in the country so as to move soon
barn TIDMAS against proctor trin geo defendant a insolvent debtor petition to  be discharge for nonpayment of the weekly allowance of S d but it appear that  plaintiff be dead before any default make in payment the court make no rule  this be a case unprovide for by Act of parliament barn er p
barn to burn against bulman bail be put in and a exception take thereto  defendant within the time for perfect the bail give notice to add and justify  in court but instead thereof do so at a judge chamber and be surrender to the  fleet which be hold insufficient the bail not be perfect and the rule to show  cause why proceed on the bailbond shall not be stay be discharge upon hear  counsel on both side Skinner for plaintiff wright for defendant
barn Tomlinson against white and pomeroy easter geo this be a action of  trespass for break and enter plaintiff house and break his cellardoor the jury  upon trial find for plaintiff as to break the door damage d residue for  defendant and the question be whether plaintiff shall have full cost or no  more cost than damage the court be of opinion that plaintiff ought to have no  more cost than damage the door be fix to the house and no personal charter  Dixie against Somerfield hill g Ullithorne against kirkhouse easter g chapel  for defendant Eyre for plaintiff
barn turner against bean after a certiorari return whereby the proceed in a  inferior court of record be remove into this court the question be whether or  no plaintiff shall declare de to make new it appear by the return that the  party be at issue in the court below hold that plaintiff must declare de to  make new prime for plaintiff Bootle for defendant
barn turner against cowper hilary geo after a rule by consent to refer it to  the prothonotary to inquire into the quantum of the debt and value of good  levy and before prothonotary have make his report plaintiff die upon the  application of plaintiff executor who offer to stand in plaintiff place he be  make a party to the rule and the prothonotary be direct to proceed without the  consent of defendant to this rule prime and draper for plaintiff executor  Skinner and will for defendant
barn turner against Horton easter geo this be a action for several set of  slanderous word speak by defendant of plaintiff in his trade of a baker  videlicet turner will break before Christmas and I will lie a wager of it and  such like and lie special damage videlicet that Charles hedge refuse to deal  with he upon credit plaintiff obtain a verdict damage twopence and the  question be whether plaintiff shall have more cost than damage under the  statute James cap sect per cur plaintiff can have no more cost than damage the  true distinction be that where the word be actionable in themselves without  the special damage that be a case within the Act of parliament and plaintiff  can have no more cost than damage but where the word be not actionable in  themselves but the action be maintainable only with respect to the special  damage then it be a case at large and out of the statute and plaintiff if he  recover any damage will be entitle to full cost where the word be actionable  as in this case the special damage be to be consider mere by way of  aggravation and no notice ought to be take of they in the verdict which must  be general guilty or not guilty the verdict be for plaintiff on the first and  four set of word only but that make no alteration the word in this case be all  equal actionable as speak of plaintiff in the way of his trade where the word  be not actionable there the special damage be the jet of the action and if the  jury find defendant guilty of speak the word and acquit he as to the special  damage the verdict ought to be so take barn er p
barn vers Peterson ejectment lie for alder car Com dig pleader z post a  ejectment be bring for land in Norfolk and inter alian for five acre of alder  car and it be move to be too incertain but upon the certificate of Norfolk man  from the bar that it be a term well know there and signify the same as almetum  which be mention by Lord coke and mean land cover with alder the court hold it  well enough allude to the case of Lord Kildare and fisher where it be hold to  lie for mountain in Ireland and lee I say that in Yorkshire it be common to  bring ejectment for cattle gate
barn versus BRUDDEL side roll lev keb post c action for these word allege to  be speak of the plaintiff videlicet she be with child by I S whereof she  miscarry and conclude that by reason thereof she be so bring into her father  displeasure that he turn her out of door and that she be bring within the  penalty of the statute of Elizabeth and in maintenance of this action a case  be cite out of roll saint part inter meadow Boyneham a action be bring for  call one whore per quod consortium to send away nearby of oneself and hold it  will lie and in whether Davie case   it be hold that since the statute of the  Elizabeth cap to say one have a bastard will bear a action but notwithstanding  the opinion of the court be that such a action will not lie unless a special  damage have be allege as to say she have lose her marriage as in whether Davie  case and the reason upon the statute allege in the case be say by Twisden to  be of my Lord coke put in for justice Jones affirm to he there be nothing say  thereof in the case
barn versus Bulwer where the plaintiff in error need not give a recognizance  it be move for a supersedeas to a writ of error upon a judgement in ejectment  for that the plaintiff in error have not give his own car c recognizance to  the defendant that if the judgement be affirm c be will pay the cost and  damage c to which it be answer that be the plaintiff in error have find two  sufficient man to be his bail who be bind in a recognizance c by which the  intent though not the letter of this statute be satisfy and the party himself  life in the remote part of this kingdom the court hold that the intent of this  statute be for the security of the party defendant in the writ of error which  intent be hereby full observe because the bail already give be better than his  own recognizance and this have be the constant practice of all the court c  ever since the statute be make because of the inconvenience of the party come  from remote part the supersedeas be allow
barn vile widow against daw and other trinity geo issue be join in Trinity  term last but plaintiff do not proceed to trial at the then next assize and  before the last which be the second assize plaintiff marry to wit that  December after notice of trial give defendant move for judgement as in case of  nonsuit and upon show cause the court be of opinion that though no excuse be  show for plaintiff not proceed to trial at the first assize yet defendant for  that default shall have apply in Michaelmas term last but be now too late as  to the second assize the excuse be sufficient by the marriage the suit be  abate de facto the rule be discharge draper for plaintiff Bootle for defendant
barn walker against haries a attorney per bill mich geo can sa returnable at a  general return videlicet tres mich and not a day certain as it ought to have  be be quash and defendant order to be discharge by super barn er p to sit with  cost defendant consent to bring no action per cur defendant can take advantage  of this matter by writ of error and if he can it will be unreasonable to keep  he in custody till the determination thereof will for defendant birch for  plaintiff
barn walton against stanton mich geo defendant after have be two year in  custody in execution at plaintiff suit move to be discharge upon pretence that  this warrant of attorney to confess judgement be execute at a time when no  attorney be present and obtain a rule nisi plaintiff show for cause that  defendant Stanton himself practice as a attorney rule discharge Darnall for  plaintiff comens for defendant per capital justice aliter where plaintiff be a  attorney he will then be more likely to impose upon defendant hill geo Seymour  Richmond a attorney of this court have be elect a bailiff of Abington in  Berkshire obtain a writ of privilege to excuse he from serve that office  baines move on behalf of the corporation that the writ of privilege may be set  aside upon affidavit that Richmond be a member of the corporation and have  serve several office there and have take a oath to conform to the order of the  corporation per cur this be not a proper manner of dispute the validity of the  writ the court will not advice the corporation how they be to act with regard  to pay obedience to it they must act at their peril No rule
barn ware a attorney against alderton bail be justify in court prime for  defendant move after the last sit within term to stay proceed on bailbond upon  payment of cost agar for plaintiff insist that the action be lie in Middlesex  and the writ returnable the first return plaintiff have be delay of trial and  the bailbond ought to stand as a security but it appear that no declaration in  the original action have be deliver de bene be or otherwise plaintiff have  delay himself and the rule must be make absolute
barn warrington against Elliott plaintiff attorney appear and offer to sign a  note for S d per week to be allow defendant in order to continue he in prison  in execution at the plaintiff suit but the court discharge the defendant for  want of plaintiff sign such note the sign of the attorney not be sufficient  barn er p
barn web administrator of Russell against SPURRELL easter geo this be a action  of debt on judgement and nul tiel record plead the case be action between  Russell against Spurrell try Trin Geo and final judgement sign on the postea  that vacation videlicet October when the postea be take away by plaintiff  attorney and not bring back to the office to have the judgement enter till a  few day before the motion it appear by affidavit that Russell die in August  and draper for defendant move upon stat car cap to stay the entry of judgement  plaintiff representative be bind by the say statute to enter it within two  term after plaintiff death and his judgement be barn er p not enter yet rule  obtain to show cause prime for plaintiff urge that the fee to the clerk of the  judgement for enter judgement be pay at the time of sign and the party may  have the entry make at any time that the judgement must be look upon as actual  enter from the time of sign the rule enlarge per cur this practice may be of  dangerous consequence purchaser c shall not be put to search prothonotaries  book for minute of judgement sign it ought to be sufficient for they to have  recourse to the record let a general rule be draw up that after the first day  of next term all posteas and inquisition whereon final judgement be sign be  leave with the prothonotaries in order that the judgement may be immediate  enter
barn web against SPURRELL trinity geo plaintiff recover a verdict and after  the trial and before final judgement sign die intestate plaintiff  administrator cause final judgement to be sign that October which be within  two term after the verdict but the roll be not bring into the office nor enter  upon record after the two term lapse defendant leave a caveat with the clerk  of essoigns against receive this roll and a action of debt be bring by  plaintiff administrator on the judgement draper for defendant move to stay the  entry of judgement the same not have be enter within two term accord to the  statute car cap and obtain a rule to show cause which upon hear prime for the  plaintiff be discharge without cost on either side per cur the practice of not  bring roll into the office within due time be very inconvenient and must be  remedy by a new general rule in this case the sign must be consider as the  entry the fee for enter the final judgement be barn er p pay to the clerk of  the judgement at the time it be sign the roll must be receive and file nunc  pro tunc
barn Wentworth bart against hustler widow trin geo in waste plaintiff give a  common rule to plead and at the expiration thereof without give a peremptory  rule sign judgement defendant move to set the judgement aside insist that a  peremptory rule ought to have be give as in a real action and of this opinion  be the court the place waste as well as damage be to be recover in the action  by the statute of glouc cap in mix action a peremptory rule be necessary as  well as in real action except replevin and the judgement be set aside without  cost draper for tenant Skinner for demandant
barn whitehead administrator of reveley against gale bail for Stewart trin geo  rule make absolute to set aside the final judgement against defendant Stewart  and all the subsequent proceed thereon against he and his bail three objection  be make in point of irregularity the first to the judgement that it be not  sign till about two month after the death of reveley the original plaintiff he  die as be admit in September and the judgement be sign in November barn er p  follow the second to the revival of the judgement per Whitehead the  administrator which be by one to know facias only return nichil to have no new  person be call in on defendant part the three to the award of execution not  doquetted till after defendant have appear to the cognizant fa which be  returnable octabis purification the court do not think it necessary to give  any opinion as to the second and three objection but as to the first they hold  it to be good the law abominate circuity and expense though the judgement be  erroneous in point of fact yet it may also be deem irregular where the  application to set it aside be recent the bail ought not to be put to a  hearing complaint the judgement be a nullity plaintiff at the time when it be  give can not come to demand it and his warrant of attorney be extinct prime  for defendant will and pool for plaintiff
barn williams against falconer trinity geo defendant have obtain a rule for  plaintiff to show cause why the writ of capias ad to answer shall not be quash  there not be fifteen day between the testae and return thereof the rule be  discharge this be matter of error and not of irregularity Corbet for plaintiff  Skinner for defendant
barn withal against white after the return of the exigent but while it remain  in the hand of the sheriff of London and before defendant be return outlaw the  court make a rule that a supersedeas to the exigent shall be allow on payment  of cost vide general rule Charles James prime for defendant will for plaintiff
barn witton esquire demandant east gentle and weddell gentle tenant thomas  FAIRFAX esquire vouchee of land in Clementhorpe in the county of the city of  York recovery of easter that William d roll Winfords office entry returnable  cro pur summons returnable man pasch seize returnable indilate the court on  the motion of sergeant pool on the part of Elizabeth Fairfax heir of the  vouchee order the prayer of seize to be amend and the return of the writ of  seize to be perfect by the clerk of the ReturnOffice the proper officer who  make the return this writ be right direct to the sheriff of the city of York  but not return in the name of any sheriff though a mistake return in the  singular instead of the plural number be endorse on the writ the prayer of  seize and return of the say writ be order to be first amend and then the roll  and exemplification accord the particular amendment be as follow saint to  amend the prayer of the writ of seize by strike out come and insert to cause  to go to amend the return of the writ of seize by strike out I and insert we  by strike out to make and insert to make by strike out predict and insert  infra specificat and by add the two sheriff name to amend the entry of the  return of the writ of seize by strike out the word Thomas pulleyne armiger  then sheriff of the county of York and insert Ric we wood same Buxton then  sheriff of the city of York by strike out ipse and insert Self by strike out  Himself and insert the dawn and by strike out fecit and insert to make
barn wood against Dodgson trinity geo rule to show cause why judgement shall  not be set aside discharge the objection be that defendant have never be serve  with copy process or notice of declaration the answer be that copy of the  process have be tender to defendant at his house who refuse to accept the same  it be leave there and that within day after such service of process notice of  declaration be leave under the door of say house which be then empty and shut  up the court think the shut up of the house a trick of defendant to avoid  process c by the general rule Geo notice of declaration be to be leave at  defendant last place of abode pool for defendant Wilson for plaintiff
barn Wortley esquire against pit esquire Bootle for plaintiff move to increase  the issue on pluries distringa debt swear to be and upward last issue now five  time as much the usual way here
barn wright against TREWEEKE mich geo rule to show cause why proceed on a to  know facias quare execution non bring by Spincke executor of the decease  plaintiff pen a writ of error shall not be stay on show cause it appear that  the record of the judgement be not transcribe into the king bench and the to  know facias out of this court be hold to be regular the executor may revive  but can take out execution pen the writ of error after a transcript the to  know facias quare execution non shall go out of the court of king bench  plaintiff in error if desirous to proceed may after a transcript have a to  know facias ad audiend wandering out of the king bench against the executor or  administrator of the defendant in error the rule discharge Bootle for  plaintiff executor will for defendant soldier
barn wright on the demise OF burrell and other against pelham esquire in  ejectment easter geo at Lincolnshire assize this cause be make a remanet by  consent at summer assize it try and plaintiff obtain a verdict plaintiff move  that prothonotary in his taxation may allow the cost of the former assize when  the cause be make a remanet upon affidavit of five person that it then agree  these cost shall attend the event of the trial a king bench case be quote  stand on the demise of Wheatley and other against hall in ejectment wherein  that court late confirm the master allowance of the cost of a remanet and it  say that in quo warranto cause this be always do on defendant part the  agreement as to the cost of the former assize attend the event of a future  trial be deny by several person present plaintiff himself have draw up the  order of assize then make wherein no such clause be insert and make it a rule  of this court the practice here be not to allow the cost of a former assize  when the cause be make a remanet unless by consent of party express in a rule  or order enter into for barn er p that purpose rule to show cause as pray on  the first motion discharge pool and Forster for plaintiff prime and Hewitt for  defendant trinity geo in action of debt on statute Edward for not set forth  tithe in which Triple the value be recover cost be give where the single value  find by the jury do not exceed twenty noble per statute will ch sec in the  spiritual court double the value be recoverable with cost in court of  Westminster Triple the value with cost if the single value exceed not twenty  noble without cost if the single value exceed twenty noble N B this be find to  be so upon look into the practice by the three prothonotaries but do not come  before the court
barn yate against swain for false imprisonment a rule be obtain to show cause  why the writ of inquiry of damage and inquisition thereon shall not be set  aside two objection be make one that the notice be serve upon the defendant  himself and not his attorney and the other that the time appoint by the notice  for execute the writ of inquiry be between the hour of ten and five it be  admit for plaintiff that both objection barn er p be good but it be insist  that both of they be cure by one Russel a attorney attend at the execution of  the writ of inquiry on the part of defendant crossexamine plaintiff witness  and produce a witness for defendant the damage be No special damage be lie and  it appear that plaintiff be confine for no long time than day and plaintiff  himself make no affidavit about the damage or imprisonment the court think the  damage excessive and order the inquiry to be set aside upon payment of cost  and a new writ of inquiry to be execute before a judge at next assize will and  win for defendant Skinner and birch for plaintiff
barn young against wood Skinner move to strike out of the bailpiece one of the  bail another who be ready to justify be add in his stead Belfield object that  no affidavit be produce that the person pray to be strike out be a material  witness in the cause which affidavit the court think necessary and reject the  motion whereupon Skinner pray that the bail add may be strike out which be  grant
barnaby against Goodale car banc Reg Trin car rot l error upon a judgement in  a action upon the case a writ of error be bring to reverse a judgement give in  a action upon the case in the court at owse bridge in York and the first error  assign be in the process because it be by summons whereas the action be a  action upon the case which be in the nature of a trespass the process shall be  by attachment and distress infinite and not by summons but to this it be  answer by roll justice that since James this manner of proceed be no error and  that that court have no power to award a capias in a action upon the case by  the statute of h two other light exception be take to the venire but not  insist upon but the main exception be to the judgement which be enter thus  therefore to look at closely be per curian speech domini king whereas as it be  object it ought to have be therefore style report er p to look at closely be  per the same style report curian or per curian prediction and at the first the  court seem to incline that this be a material exception for these reason  videlicet because inferior court ought not to show thing only by implication  but they ought to show they express and because surplusages in such court be  ill and last because inferior court ought to keep themselves strict to their  ancient form and not to vary from they yet afterward judgement be affirm  except better matter shall be show notam
barnaby versus sanderson Trin Ann salk Mod case error on a judgement in c b  and want of a original assign d the defendant in error come in gratis and  allege diminution and pray a certiorari and thereon a variant original be  certify upon which he come again at the day give and suggest another original  of such a term c and this be object against as irregular holt c j if a record  below be of easter term and want of a original be assign for error the  defendant may allege diminution and then the certiorari go to the custos  narrow places to certify a original of that term and if he certify a wrong  original or that there be none then the defendant may come and suggest before  in nullo be erratum plead that there be a original of Hillary or Michaelmas  term in which case there must go a certiorari to the custos narrow places to  certify that and another to the chief justice of the common plea to certify  the continuances also he say if a wrong original be certify of the same term  the placita be of it have be hold the defendant may suggest there be a right  original even of that very term and when they be both bring in the court will  apply the record to that which be good
barnard against barnard ante Aportionment levins pray judgement for the latter  assumpsit may be affirm notwithstanding aylet and oath pasch car b r rot the  whole judgement reverse for infancy of one by attorney so hill wield and  Rumney style bake and Symonds hill judgement against two executor reverse  whole for infancy of one so Cr and Cr all which be no authority for this case  for there the rest shall pay all the debt for the court can aportion it but  here they may yet roll and Cr Lloyd and pierce be express that on several  assumpsits judgement shall be whole reverse against which be as express Hub  and Cr Jacob case and Elizabeth more Grimston and Rayner Cr that judgement may  be reverse as to one promise and not as to another as in information Noy also  shall the court reverse the whole they must give a new judgement pro plaintiff  for so much as be good as the court below shall do which be warrant by the  writ of error and Cr slocomb case and   Entr and coal Keble and green in the  husting of London sheriff Foorths cause the judgement pro defendant be reverse  and judgement pro plaintiff give late per raynsford c then sit Coleman contra  that the latter judgement have general be reverse for all be in the plaintiff  election before judgement Cr to relinquish damage as to one et adjornatur
barnard against barnard ante apportionment Twisden say the judgement can be  reverse for part but only in case of the king notwithstanding mile and Jacob  Hub pl and Cr pl Grimston and barber and pomeroy hill car rot in debt for  livre S for seven year and half rend verdict pro plaintiff and the rend be but  livre S the rest be release and all the damage so Creech and merfield in roll  more agar and to this the court agree but a fine may be reverse in part but  adjornatur Keble er p
barnard against barnard ante joinder error of a judgement in hull in several  assumpsits and several damage and one judgement which levins pray may be  reverse as to part videlicet as to one assumpsit only which the court clear on  perusal of diverse precedent conceive ill as to hull bridge but conceive that  judgement be entire it can be reverse as to one promise albeit in information  or for the king a judgement may be reverse in part et adjornatur
barnard against barnard ante lieu levins pray the opinion of the court and per  curian preater Twisden judgement pro plaintiff be intend within hull as London  stone be within London Keble er p
barnard against barnard ante lieu levins pro plaintiff pray judgement upon  Corbet and Mercins case and also upon Cr because hull bridge shall be intend  infra jurisdict which the court agree be after verdict printer Twisden who  will aid nothing by intendment albeit indifferent as kell of session at oxon  and pasch car Gunter and Gunter on promise at Sutton infra islander Ely  reverse not say infra jurisd yet islander Ely be in the style of the court so  Andrews and chamber hill car action on prosecute a suit in a county court not  say infra jurisd reverse after verdict and h or car placita at burghum de  Sudbury and the thing lie at Sudbury predict which be hold error for the  verdict will not give jurisd placita ad burghum de Launceston visn de  Launceston be all one post
barnard against barnard mich car rot ante apportionment the court conceive  judgement ought to be reverse in toto the damage be entire and so be all the  latter authority Cr and the court refuse to give any new judgement be not like  Cr Slocambs case and judgement reverse ill toto
barnard against barnard mich car rot ante joinder in indebitatus right join  with action sur case on promise infra jurisd to deliver possession of a house  at Hullbridge not say where which be assign for error which Twisden agree but  hill pound car enter pasch rot with a scuttle and mercin per levins be adjudge  well enough after verdict which the court agree and that the intendment must  be foreign to make it out of the jurisdiction which shall not be Keble more  against than it be to aid verdict also no difference between hull bridge and  London stone and judgement affirm nisi post
barnard against barnard Tuesday Apr court Coleman assign error of judgement in  hull in action sur case on the title which be under patent of h yet the  process be secundum consuetude curiae which notwithstanding Cr long and  Nethercot be no more than accord to law per curian be not say time out of c  here be a indebitatus infra jurisd for money lend receive and lie out not say  where which be mistake another promise be to deliver possession of a house not  say where but at hull bridge nor be there any request make which must be  albeit there be a time certain for it Twisden conceive hull bridge a will and  not sufficient but curian contra that hull be name hull bridge be intend the  same especial after a verdict also although sepius be sufficient here be a day  certain but else because the party will have during his life then there must  be a request which difference the court agree Keble but for the first  exception adjornatur and judgement affirm nisi post
barnard against ewen above pl agreement Leonard pl Leonard pl a agreement for  a modus kill parole be good to excuse a man from the penalty of Edward of  tithe and such a one whereupon a action upon the case may be ground though it  do not actual transfer the interest of the tithe and it be the constant custom  in the western part to plead such a agreement in bar against Keble er p the  stat and by wind a agreement to hold for life be a good agreement though  without livery it transfer not the estate a strong here for so long as the  defendant shall be parson
barnard one c against Irwin trin geo attachment of privilege returnable  Thursday next after hill a copy whereof be serve on defendant before the  return and on the return day January a declaration be leave in the office de  bene be and notice to plead serve on defendant defendant by the statute have  eight day to appear after the return of the writ I e exclusive of the return  day stay till February his last day for appear and then enter his appearance  and plead a tender after his time for plead give by say notice barn but before  the rule to plead expire plaintiff look upon this plea as a nullity because  plead after the time for plead expire and after the rule to plead be out and  sign judgement defendant insist that this plea ought to be receive any time  before his time for appear expire or any time before plaintiff be entitle to  sign judgement for want of a plea barn er p interlocutory judgement set aside  cost to attend the event of the cause prime for defendant will for plaintiff  money good c bring into court
barnard versus EWENS tithe contra hob cro James hawles versus Bayfield Danv  Abr p lev keb debt upon e for tithe the defendant plead a agreement between  the plaintiff and he for three year and do not allege this to be by deed and  issue upon it and find for the defendant and powis move for the plaintiff to  have a repleader because the issue be not good but resolve by the whole court  although it be not such a agreement which may pass the right yet it be a good  agreement within the statute to bar the plaintiff in his action of debt Yelv  hawk versus Brothwick accord
barnard versus michel vide salk Lutw postea keb dyer in a action of debt the  plaintiff declare upon a deed comprehend diverse covenant for the performance  of which the defendant oblige himself in the penalty of l and set forth that  the defendant have break the covenant the defendant plead non be factum and it  be find for the plaintiff and it be move in arrest of judgement that though  the issue be find for the plaintiff yet he have assign no breach no cause of  action appear upon the record so he can have no judgement for if the  declaration be insufficient let the defendant plead what he will yet judgement  shall not be give against he indeed if the action have be bring upon a bind  condition for the performance of covenant and non be factum have be plead do  breach need to have be assign for then the declaration be only upon the bind  without mention any thing of the condition Ventris but here the breach of the  covenant be as it be a condition precedent to entitle he to the penalty and  here the declare that he break the covenant without show which or how be  altogether insufficient though the defendant who plead in the negative may  have plead non to break off assembly vide Rastals entry pi Com a precedent  just agree to this case but the opinion of the court incline for the plaintiff  here say adjornatur vide postea
Barnardiston and soam ante parliament the court say they have consult all the  judge of England and find great diversity of opinion they will give no  judgement Adjornatur Keble er p
Barnardiston and soam error Offle for the plaintiff that debt lie pen error on  h be a new original which the court agree and a to answer ouster and  notwithstanding it be affirm that judgement in debt pen error here be reverse  in exchequerchamber
Barnardiston glass and oxenham February a be make a executrix she be a infant  Administration durante those inferior in rank lifetime be commit to b a  afterward come of age b die and c become his Representative on a bill bring  against a for a account of the personal estate of her testator c must be make  a defendant in bill of this sort all person who have possess themselves of the  testator estate ought to be make defendant William long make his will and  thereby make whether long his executrix when she shall attain her age of  twentyone after the testator death palmer take out Administration durante  those inferior in rank lifetime of whether whether afterward become of age and  then intermarry with oxenham palmer die and become his Representative the  present bill be bring against the executrix of William long and pray among  other thing to have a account of his personal estate Lord chancellor be of  opinion that the Representative of palmer ought to be make a defendant to this  bill he say that in bill of this sort all person who have possess themselves  of the testator estate ought to be make defendant and so his lordship be  please to order accord
Barnardiston king b ACHERLEY and bell when a rule be make for the inspection  of public book what shall be say to be a breach of such rule sergeant chapel  move for a attachment against the defendant for not let the plaintiff take a  copy of the pollbook in pursuance of the rule which give he liberty to take a  copy of all public book the court incline to think that a pollbook be not  within the rule however make a rule to show cause
Barnardiston king b against PETHER and ling when nul tiel record be plead what  shall not be say to be a failure of the record in debt upon a recognizance  against bail the plaintiff declare that the defendant John Pether and ling  become bind in a recognizance with condition that one James cook shall either  surrender himself or shall pay the money that shall be recover against he the  defendant plead nul tiel record and this be the day give the plaintiff to  verify his record Mr marsh submit it that the record produce vary from the  record which be declare upon for in the record produce John Pether be bind by  the name of John Pether of Batersey in the county of Surrey husbandman whereas  in the record declare upon there be no addition at all but only John Peter  general judge page and judge probin agree that if the addition have be insert  in the declaration and omit out of the recognizance the variance will have be  fatal but as it be the court be of opinion that it be no variance accord  judgement be give for the plaintiff
Barnardiston king b and glover how far the court will not stay proceed in one  action notwithstanding the defendant agree to submit to the event which shall  be in another the plaintiff have bring twentyeight action against as many  subscriber of a policy of assurance sergeant eyres move that the plaintiff  proceed may be Barnardiston king b er p stay in all these action but one upon  the defendant be all Willing to enter into a rule that the event of their  several action shall depend upon the event of the trial of this one he say he  be apprehensive the plaintiff will object possible that the sum which the  several defendant have subscribe for be different and consequent the plaintiff  be entitle to different damage but he observe that those damage may be  proportion accord to the different subscription and therefore he have get a  authority from the several defendant to consent likewise that if the trial  shall go against that one defendant who the plaintiff shall pick out the  defendant will enter into a rule that the damage which they shall be  answerable for shall be proportion accord to their several subscription Mr  reeves on the other side say that he have no authority to consent to such rule  accord chief justice absent the court declare they can do nothing in it
Barnardiston king b and morris how far the court will give liberty or not that  a imparlance shall be strike out sergeant chapel move that the plaintiff  imparlance may be strike out of his replication and that the defendant may  have a week time for deliver back the paperbook he say the defendant have  plead a special plene to manage and that neither at the time of exhibit of the  bill nor since she have asset beyond pound which be liable to satisfy the  demand set forth in the plea this plea be put in last term the plaintiff  imparls to this and then in his replication set forth that the defendant have  asset either at the time of exhibit the bill or since beyond pound and so  conclude to the country upon this the sergeant observe that if the plaintiff  imparlance stand the word of the issue will relate to this term whereas they  ought only to relate to the time which the defendant have plead they on he say  far that the plea contain three hundred sheet of paper and therefore will be  very necessary that there shall be a long time for return the paperbook than  be allow by the rule of the court in ordinary case the court say that the  imparlance must be strike out and the defendant may well justify return back  the paperbook as not accept it on account of the paperbooks be make up wrong  and then by the rule of the court the defendant will have four day for return  the paperbook after it be deliver he again they say far that by this issue the  defendant will not be confine to the exact sum mention in the plea and though  more shall be prove to be in his hand yet if they do not amount to more than  the demand set forth in the plea the defendant must have a verdict and so they  say it be hold in the case of Parker and Hatfield salk accord the defendant  return the paperbook to the plaintiff in open court
Barnardiston king b and revel what be the proper method to be take in order to  settle a special verdict Mr fazakerly move for a rule upon the associate to  give they a copy of the minute of a special verdict but the court say the  judge that try the cause be to settle the special verdict and therefore the  proper way of proceed will be to take out a summons to order the associate to  attend before the judge and if he do not attend upon it then the application  will be necessary to be make to the court so reject the motion
Barnardiston king b and young when a writ of execution be to be make out  against a ecclesiastical person who the writ must be direct to the sheriff of  wilts have return upon a become facias that the defendant be ecclesiasticus  status of pertaining to a favor  non to have layman fee upon which a writ  issue to the dean of Sarum who have a peculiar to sequester the good upon the  defendant benefice a rule have be make upon he to return his writ but upon the  return be insufficient and the plaintiff find that the official claim the to  turn in a lathe narrow places by a patent from the crown he obtain a rule upon  the official to make a return and accord give he the writ but now the official  make a return and send up no writ at all upon which Mr gapper move now for a  attachment against he for a contempt but the court say that the rule which the  plaintiff have obtain upon the official to make this return be irregular for  they say their writ can only be direct to the bishop or the peculiar and they  can not take notice of any subordinate officer in a peculiar accord they  discharge their first rule upon the official and make a peremptory one upon  the dean to make a return and they say he will find a way to get the writ from  the official
Barnardiston king b archer and franklin how far a officer may justify under a  blank warrant Thetford assize in trespass for break the plaintiff house and  false imprisonment the defendant plead that a capias ad to answer be sue out  against the plaintiff and a warrant make out to the defendant as bailiff  thereupon he come to the plaintiff house and find the outward door open and  upon that he enter and come to a inward door of a chamber wherein the  plaintiff be which inward door be shut upon which he request the plaintiff to  open the door but on his refuse to do so be break it open and arrest the  plaintiff by virtue of the same warrant In evidence to support this plea the  defendant produce this warrant but his attorney own that it be a blank one and  he fill it up but notwithstanding this the judge be of opinion that the  warrant be legal and in the case of a indictment of murder try before Mr baron  Lovel he observe that judge be of the same opinion the defendant then go on to  prove the other part of his justification but because he fail in prove the  request the judge direct a verdict to be for the plaintiff
Barnardiston king b assignee OF a commission OF bankruptcy against lopes  ALARDES plaintiff for Fenton defendant how far a consideration of a promise  shall not be say to be illegal guildhall assumpsit be bring against the  defendant for which he have receive of the bankrupt money upon the evidence  for the defendant it appear that part of it be give by Alardes to the  defendant a month before he become a bankrupt to be bail for he in all action  and this defendant be a officer in the PoultryCompter the remain be give to  the defendant likewise about the same time to pay Alardess attorney what shall  be due to he for lawcharge the defendant accord pay the attorney his bill  which come to eight guinea before Alardes become a bankrupt the S remain be  pay by the defendant for several thing belong to the suit as put in bail c  after the act of bankruptcy Mr reeves object for the plaintiff that there be a  order make by the commoncouncil of the city of London that no officer of  either of the compter shall be bail for any person and therefore that the give  to the defendant be upon a void consideration beside he observe this can have  be give with no other design but to defraud or delay the creditor and that be  likewise another illegal consideration and Mr fazakerly urge that this act  amount very near to a act of bankruptcy itself within the meaning of the stat  of James and they both insist that the payment of the S be void as be for the  benefit of the bankrupt after the act of bankruptcy commit the chief justice  say that there be a stand order of the court too that no attorney shall be  bail in any case but the practice have constant be to admit officer of the  compter and atorneys too to be bail for people notwithstanding to the second  point he be of opinion that the consideration be not fraudulent but the last  objection he say be fatal accord the jury find a verdict for the plaintiff and  damage S
Barnardiston king b Astley and BRANDWOOD vide ante this matter come on again  Mr Bootle the elder argue in support of the plea and cite bro Abr title plan  Inst lev hob dyer and Yelv the chief justice say that this be a plea of a  collateral warranty in bar of the demandant title and therefore ought to be  plead as strict as if it be the plea of a estoppel he say he do agree if a  stranger have seize Alexander the collateral warranty will have bar the  demandant title but some sort of seize be necessary in order to make the feoff  with warranty of any effect but he do not think such seize be sufficient aver  in the plea accord incline to be of opinion with the demandant however this  matter stand over vide postea strawn v Fletter Barnardiston king b er report  date strawn and FLETTER how far a remittitur of damage be necessary to be  enter Mr Abney move that a writ of inquiry may be set aside on account of the  damage give by the jury be whereas the damage lie in the declaration be but  the chief justice say that a remittitur enter by the plaintiff may  Barnardiston king b er p cure this defect however he pronounce a rule that the  plaintiff shall bring in the writ of inquiry that the defendant may move in  arrest of judgement on this exception for he say unless the plaintiff do enter  such remittitur the judgement will be erroneous vide postea
Barnardiston king b atwood and elwood when a plea of nul tiel record be plead  what the practice of the court be concern verify of the record when nul tiel  record be plead how far the record shall be say to be verify issue be join in  this case upon nul tiel record and the counsel who plead this plea have move  the court a few day ago that the other party may produce the record before the  court but they say at that time that the usual method of try issue of this  nature be to bring the record before the master and it be his business to  examine into it where indeed there be any doubt before the master it be proper  to apply here accord this matter do go before the master and now he report  that the party who plead this record in bar have set forth a great part of it  in haec word but several part of it he have set out imperfect but yet the  court be of opinion that the record produce will warrant the issue for they  say that the party be not oblige to set forth any part of the record in haec  word and therefore his set out the record only in a imperfect manner can not  Barnardiston king b er p prejudice he if indeed there be any inconsistency in  the set out of the record or any variance between the record set forth and  that produce the court admit it will not warrant the issue
Barnardiston king b bailey and dolben construction upon the statute of g which  require that law proceed shall be in English in a action upon the case for  good sell and deliver Mr tailor move in arrest of judgement that the  declaration be in Latin whereas by the Act of Barnardiston king b er p  parliament that pass the last session it ought to have be in English by reason  that the damage recover be under though they be lie more in the declaration  accord a rule be make to show cause vide post
Barnardiston king b baily and colebourn vide ante Mr Lacy come now to show  cause and say that this action be begin before the time that the Act be make  that have be mention for which reason it be pretty extraordinary to suppose  the legislature intend that part of the record shall be in Latin part in  English beside he say admit that this action have begin after the Act of  parliament yet it will be very mischievous that the event of a verdict shall  determine whether the proceed before be regular or not but the chief justice  say that as to the first objection he think it have very little weight with it  by reason that there be number of precedent in the treasury of record that be  part Latin part English and as to the second objection he say the legislature  must have intend something by the Act which they make but if it shall be in  the power of plaintiff to take their case out of the Act mere by lie their  damage above the Act will be whole elude however this matter be order to stand  over ex relatum vide postea Barnardiston king b term trin geo ill
Barnardiston king b baines and forest what shall not be say to be a good to  know facias to revive a judgement Mr Wynn move to make a rule absolute for  quash a to know facias to revive a judgement the exception he take to it be  that it be returnable in person we without say wherever or so much as at west  the court say they think the in person we may supply the wherever but not the  other fault and accord make the rule absolute side Ven
Barnardiston king b bank and doyley how far the court will set aside a plea of  privilege by reason that there be no affidavit annex to it a few day ago Mr  Parker have obtain a rule for set aside a plea of privilege there be a writ of  privilege but no affidavit annex to it Mr proctor come now and move to  discharge it by reason that as he apprehend the writ of privilege itself be  sufficient but the court say that it be not ascertain by the writ of privilege  that the defendant be a attorney of the common plea at the time of the action  commence against he in this court for which reason they think that a affidavit  ought to have be annex to the plea accord refuse to discharge the rule
Barnardiston king b BAYCROFT and lister when a certiorari or habeas corpus  have issue in order to remove up the proceed of a inferior court how far the  superior court will rectify the proceed below the defendant have be arrest in  the Marshalsea court with a writ for and have be hold to bail for that sum but  the plaint be enter only for and on certiorari the officer return that the  cause of action be for no more upon which on Mr agars motion the court make a  rule that the praecipe and bailbond shall be produce that the plaintiff  attorney shall answer the matter of the affidavit and that all proceed in the  mean time shall stay vide postea Barnardiston king b er p
Barnardiston king b beech and parker on what day a writ of enquiry be not  proper to be make returnable upon writ of error on a judgement by nil to say  out of the common plea exception be take to the writ of enquiry that it appear  to be returnable a die saint the number three in tres soldiers which be on a  Sunday but that it be execute the day after the return which be on the Monday  the counsel do admit that Monday be the day of the return for the purpose of  the sheriff deliver the writ into court but Sunday be to be consider the day  of the return for all other purpose accord the court reverse the judgement  upon the authority of the case of Harvey and broad Mod
Barnardiston king b BELLUE and pew vide ante Mr fortescue be retain to oppose  the motion before make he desire to know the foundation upon which the  defendant counsel go as he be not in court at the time the rule be make for  show cause judge Reynolds explain it but represent it in a more general light  that what I think the counsel put it upon before he say he take the foundation  of the motion to have be to prevent one of their rule be evade which allow  proceed to be stay in debt and such other certain action upon bring into court  what the plaintiff have declare for with interest and cost and he say if in  such case proceed be not allow to be stay upon one count by bring into court  what be due upon that count with interest and cost their rule will be entire  render ineffectual salk vide post rush v ring barn KB er report date rush and  ring who shall be say to be the attorney in a cause a motion be make to set  aside a verdict for want of notice of trial but it appear that the notice be  give to he who have be concern in the cause Barnardiston king b er p though  the attorney tell the plaintiff he will have nothing far to do in it the court  hold the notice to be regular for the court say he who be first concern in the  cause shall be consider to continue attorney in it till notice be give to the  plaintiff of another
Barnardiston king b Benson and olive how far a deed may be read in evidence by  reason of the length of time since it be make notwithstanding no proof be give  of the execution of it chess upon a rehear in a suit for tithe the defendant  rely upon a discharge under the statute for the dissolution of the monastery  upon evidence the plaintiff produce a decree make in Charles ii s time in this  very court whereby the right to the tithe of these land be establish the  counsel of the other side oppose the read this decree till the plaintiff shall  prove that the defendant claim under the party privy to this decree and the  whole court be unanimous in this opinion accord upon the plaintiff not be able  to give this evidence the decree be not allow to be read afterward in the  course of the evidence a deed be offer to be produce that bear date  thirtyeight year ago and that of itself without prove the witness to it be  dead baron carter however be of opinion that this deed shall not prove itself  without give this previous evidence but the rest of the court deliver their  opinion to the contrary they say it be certain that accord to common sense and  reason a deed may be so old as such previous evidence must be unnecessary and  in general they take it that forty year be allow to be the rule but however  the court have never tie themselves up strict to that rule but nay have be  allow the same and baron Thompson say the same thing hold in a bind twenty  year be there the general rule for presumption of payment but sixteen have  sometime be admit accord this deed be allow in evidence without prove the  witness to be dead Barnardiston king b er p
Barnardiston king b BILBEY and lee term hill how far the bring a action in the  debet and to hold off instead of the to hold off only can be take advantage of  upon a general demurrer the plaintiff have bring his action as executor in the  debet and to hold off upon which the defendant demurrer general but the court  say this can not be take advantage of upon a general demurrer as it have be  determine before in lev
Barnardiston king b BILLINSEY and tap how far a appearance shall cure a defect  in process the plaintiff arrest the defendant by virtue of a capias test the  last day of last term returnable the first day of this and that four day  before the testae of his original which be on the that of April upon which Mr  strange move that the plaintiff may be oblige to give oyer of such a original  as will warrant the proceed or else that the proceed may be stay Mr fazakerly  on the other side say that writ issue out of this court can only be test in  termtime though issue out of chancery they may for which reason though the  original in this case bear testae in the vacation yet there be a necessity  that the capias shall bear testae in the term before it and he say the court  have be of this opinion before in the case of Andrews and Dingley the court  say that regular one part of the process ought always to bear testae upon the  return of the other and that be hold so in the case of Bradley and bank Yel  but yet they think that a appearance will cure such defect and have do so in  the case before they for which reason the court refuse to make any rule vide  post
Barnardiston king b birch and leek how far the court will grant a certiorari  in order to certify continuances upon a writ of error out of the common plea  in a action of trespass the general error be assign want of a original and  warrant of attorney a certiorari to the custos narrow places to certify  whether there be any original of hill term last which be the term of the  placita he return no original of that term but upon another to certify whether  there be one of mich term precede he return that there be but with no  continuances upon which Mr Filmer except that as it be to be take that the  original be not continue down from one term to another it can not be consider  as a original in that action but beside he say there be another objection too  to be make admit there be the continuances that there be a material variance  between the writ and the declaration in that the declaration be of a trespass  in June Geo but the writ be of a trespass contra peace our men but Mr reeves  say as the term be contiguous he do not see any reason for continuances but if  there be occasion for any the court will order a certiorari to go of course ad  informand knowledge curiae to see whether there be any or not the same he  observe be do in the case of Wynkworth and clark Trin Geo he allow there be a  affidavit produce in that case of there be actual continuances but he think  that can not be material then as to the variance he say even before the  statute for the amendment of the law it be hold to be well enough after a  verdict though not upon a demurrer in the case of day and musket Mod and he  observe that this statute have give the same relief upon a judgement by nil to  say as after a verdict the court agree as to the first point that a affidavit  can not be material in this case no more than where want of a original be  assign for error and accord grant the certiorari and when this be return they  say it will be proper to consider of the other point
Barnardiston king b bird and smith how far the court will not stay the proceed  in one action till the cost of a former one be pay the plaintiff have bring a  former action as administrator but in the declaration have leave blank for the  time when the administration be commit and for some other particular relate to  it the defendant demurrer to the declaration for this reason but the plaintiff  instead of move to amend his declaration get leave of the court upon a sideBar  motion to discontinue without payment of cost as be a administrator  notwithstanding this the plaintiff have since bring another for the same cause  as the former upon which Mr strange move that proceed in it may be stay till  he pay cost in the former but the court refuse the motion by reason that a  administrator be a person indemnified by the law from all cost on commence any  action
Barnardiston king b black and DODEMAY what shall be a good to know facias  bring by a husband and wife upon a judgement belong to the wife dumb sola this  be a writ of error upon a judgement on a to know facias bring by the plaintiff  as husband and wife upon a judgement obtain by the wife dumb sola the  defendant demurrer to the to know facias and show for cause special that there  be no venue lie of the place where they be marry nor be there any day mention  whereon they be and the counsel say that wherever a matter traversable be  allege the time and place where that matter be do must be allege unless where  the matter be personal as the take upon a person the order of knighthood c for  there indeed the place need not be lie for those matter shall be try where the  writ be bring the court think there be a good deal of weight in the objection  but as there be a great many precedent show of to know faciass bring in this  very form though no case be cite where they be ever demurrer to upon this  exception they allow it to be good another exception that be take be that the  defendant in his demurrer have conclude therefore petit quod narrative  prediction empty but the plaintiff in his joinder in the demurrer reply ob  causan prediction breve non debet to bring to naught so that they say the  plaintiff have not answer the defendant plea but the court say that a to know  facias be a writ and no declaration so that you have conclude wrong and now  you take a exception to their not have follow you which if they have do it  will have be a discontinuance accord judgement be affirm
Barnardiston king b BOTAMLEY and Harrison this matter be state before in page  and now it come on again upon the same exception which be that the declaration  be too incertain it only charge the defendant with find One parcellam  segestrium involucror a rope England of packcloths rappers and clothes but  upon argument the court be of opinion that the declaration be certain enough  for parcella in this case only express one certain thing and not several thing  at large where indeed the declaration express several thing at large they  admit it will not be good and for authority they say parcella barley parcella  stalk have be hold good so in the case of Harford and Jones will seventy two  ounce of cleave mace and nutmeg have be hold good and yet the certain quantity  of each be not set down and in the case of kempster and Nelson Geo the court  go rather far than in this case for that be even in replevin in the to hold  off and yet upon solemn argument they be of opinion that two parcel of write  and one parcel of childbedlinen be well enough so trover for a study of book  have be allow accord the judgement in the common plea be affirm
Barnardiston king b bow and haddock how far the court will set aside a  execution for be take but pen a writ of error Mr Kettleby come to show cause  why a become facias shall not be quash for its be take out when a writ of  error be depend his reason be that the defendant have get a injunction  continue in the court of exchequer upon these very term that he shall bring no  writ of error and have since actual give a release of error the court say that  for the breach of the term of this injunction the application ought to be make  to the court that grant it and as to the other part of the reason the release  ought to be plead in bar to the writ of error and they will not try it in this  way accord the rule be make absolute
Barnardiston king b burrow and Willis how far officer of the court have a  right to lie the venue in Middlesex the plaintiff be a master in chancery and  barrister at law and have lie the venue of a personal action in Middlesex the  defendant move to change it but the court be of opinion he can not for they  say officer that be bind or have business to attend at westminsterhall have a  right to have the venue in these personal action lie in Middlesex and to this  purpose the case of knight and Farnely salk and Hicks and fool hill Geo in the  common plea be apply
Barnardiston king b campbell and hoar how far the court will not set aside a  award vide post on rule to show cause why a attachment shall not go and Mr  reeves allege for cause both that the award be void and likewise that the  umpire declare at the time he deliver it that if the defendant Mr Alards who  be then in Scotland shall not satisfy the umpire that the award be not right  when he shall come home the award shall be of no force he say Mr Alards do not  satisfy he of it when he come home and therefore he hope the attachment will  not go the plaintiff S counsel take off the first objection by say that the  defendant be too late to make it the stat will cap require such a exception to  be take the next term after the award be deliver and here be long time slip to  the other the court say the drift of the objection go to show that the award  be void and therefore what have be say just before overrule its be take  however if it have come in proper time they say it will be of dangerous  consequence to admit of such a exception for then award may be overturn by  parole discourse
Barnardiston king b carry and hilton vide before the chief justice now deliver  the resolution of the court in this matter he say they all agree that this  plea will have be bad upon a demurrer and so if Barnardiston king b er p the  jury have find that the land be the proper land of the plaintiff and not of  the defendant this verdict possible will not have make it good but as they  have find that this be the proper estate of inheritance in the plaintiff they  think it have make it good because otherwise the court must intend a  particular estate in somebody else and to this purpose the chief justice  mention the case in vent and that of yateman and mustard before cite accord  the rule be discharge for arrest the judgement
Barnardiston king b chapman and wish how far the court will give leave that a  writ of error may be amend a plaint in replevin have be remove up into the  common plea by to think over and the university of Cambridge come there and  demand conusance the court of Barnardiston king b er p common plea overrule  the claim of conusance and give judgement in the replevin a writ of error upon  this be bring in this court but in the writ of error the judgement be only set  out to be ad grave damnum of the party in the action and not of the university  upon which Mr reeves now move that the writ of error may be amend by add the  word and also to the damage of the chancellor master and scholar of the  university of Cambridge and cite the case of the swordblade company and Edward  hill vide Vol where the like motion be grant accord the court make a rule to  show cause vide post
Barnardiston king b Charleton and Bancroft how far the court will make a rule  upon a person to nonpros his writ of error at his own expense by reason of his  have bring it contrary to his own agreement Mr agar have obtain a rule a few  day ago that the plaintiff in error shall nonpros a writ of error in  parliament at his own expense which he have bring upon a judgement of this  court against his own agreement Mr Abney now move that the court will set  aside a execution which the plaintiff in the original action have make after  this writ of error be bring and before the other rule be obtain and accord the  court make a rule to show cause vide postea
Barnardiston king b cockerel and brabant how far it be necessary to apply to a  judge for his certificate in order to have full cost when the damage be under  S in a action of trespass the party have enter into a rule to try nothing but  the mere right and that the cost shall abide the event of the trial it happen  that the damage give be under S but yet the plaintiff move now that he may be  allow full cost the court think that they have not sufficient foundation to  allow full cost notwithstanding so refuse the motion and say they must apply  to the judge to certify that the mere right be try
Barnardiston king b collins and Hodsden how far in a ejectment the court will  not direct that deed shall be produce at the trial Mr gapper move in a  ejectment that the landlord Lord Weymouth may be make a codefendant and that  Mr tanner upon who demise the present ejectment be bring may produce the  original lease of Lord Weymouth at the trial he be lessee under Lord Weymouth  and have assign part of the land contain in that lease to the defendant judge  page say he very well remember the same motion as the latter part of this be  make in a ejectment which he be counsel in in Lord holt time where the  original demise be by the late queen dowager and it be refuse accord this part  of the motion be refuse in the present case though the other part of it be  grant
Barnardiston king b cook and Wilkins how far the court will put off a trial or  not till the plaintiff have pay the cost of a former notice Mr Harvey move  that the trial in this case may be put off till the plaintiff shall pay the  cost of a former notice the court agree that they grant these motion in  ejectment but say they do it in no other action upon which the motion be  refuse Mr Harvey then say that it will be but a fruitless thing to pray a  attachment against the plaintiff because he abscond so that he can not be  serve with it upon which the court say that you may have a rule that service  at his last place of abode may be a good service and accord that rule be grant
Barnardiston king b CORTESOES and munes when a defendant plead in abatement  that he have not his proper addition give he how far the court will set aside  a plea of that sort upon motion in a proceed by special capias the addition of  the defendant be recently de London mercator the defendant demand oyer of the  writ and plead in abatement to it that he be a inhabitant of the parish of  Mackpelen alias whitechapel in the county of Middlesex at the time of the sue  out of the writ and that he have not be a inhabitant in London for four year  before the sue of it out without hoc that he be a inhabitant of London at the  time of the sue of it out Mr fazakerly move to set this plea aside he say that  he do agree that it be necessary to name the defendant by the proper degree or  mystery which he be of at the time of the sue out of the action but he submit  it that it be otherwise in the case of a man place of abode and that in such  case the describe he by a recently be sufficient for this purpose he rely upon  the word of the statute of addition and likewise the comment upon they in Inst  he say likewise that he apprehend the law be so well settle in this point that  the court will relieve upon motion Mr draper on the other side argue that  there be case in the book which make this point doubtful and particular cite e  but the court think proper to set the plea aside and accord make a rule for  that purpose
Barnardiston king b court and gilbert when a client intrust his attorney with  a deed and the attorney happen to lose it by accident how far the court will  grant a attachment against he a rule have be make upon Churcher the plaintiff  attorney to show cause why he shall not deliver back a counterpart of a lease  which the plaintiff have deliver he in order to bring a action of covenant  against the defendant Mr strange come now to show cause and say that the  attorney have some way lose this deed by a unavoidable accident but that the  plaintiff be not without remedy for he may bring a bill of discovery against  the defendant to make he set out whether there be not such lease and what the  lease be he say he do agree that the attorney ought to be at the cost of this  discovery but yet as the circumstance of this case be he submit it the court  will not proceed in this way against he by a attachment judge page say that he  remember the court of exchequer do proceed in this summary way against a  attorney that have his pocket pick of the postea which he be carry to Lincoln  inn he say that he think the attorney himself ought to procure a discovery of  this deed by a bill in chancery but on the other hand that the plaintiff shall  allow he to make use of his name for that purpose accord the court grant a  attachment against he but order it to lie in the officer hand till far  direction give
Barnardiston king b cowper and alton construction upon the statute of Geo  which require that law proceed shall be in English this be a question that  arise upon the statute of Geo which require the proceed of all action to be in  English where the cause of action be under the action here be trespass the  damage lie in the declaration be the damage find by the jury be only S and the  proceed be in Latin the motion come on in arrest of judgement the chief  justice be of opinion that the word cause of action be not to be understand  the damage find by the jury because those same word in another clause of the  Act which relate to the plaintiff hold the defendant to bail can receive that  meaning the rest of the court be all of the other opinion accord they say they  will consider of this case among themselves and then deliver their opinion  vide postea
Barnardiston king b Crutchfield and scot how far a person shall be allow to  bring money into court notwithstanding the plaintiff be executor this be a  action bring by a executor the defendant desire to bring a certain sum into  court and that it may be strike out of the declaration whether this can be do  in the case where a executor be plaintiff be the question the court be of  opinion that it may and the case of baker and Turberville mich Geo be cite by  Mr Thomson where he say this motion be allow the court ask Mr reeves whether  he remember that case who say he do now in this case if the plaintiff shall go  on and not prove more than be bring in accord the motion be refuse
Barnardiston king b cumber and hill vide before the chief justice now deliver  the resolution of the court upon this record and say they be unanimous of  opinion that in this case no cross remainder ought to be allow he say the  general rule in these case be that no estate shall arise but where there be a  express declaration of the party or a strong implication to that purpose but  neither of these be in the present case for the only word that give  Barnardiston king b er p here any colour of doubt be those and for default of  such issue but those word may well refer to the word respective as well as to  the other word in the former sentence and if so the lessor of the plaintiff be  to take after either of the two other grandchild die without issue respective  and as the plaintiff be of equal degree of kindred to the testator with their  brother and sister this much confirm this construction the only material case  that seem of any weight against this opinion be the case of home and Meynel  report in sir Thomas Jones and in other book but this case material differ  from that in many respect for there the word be if they die without issue  which something imply that both of they be to die first likewise there be the  word all which intimate that the land be to go all together so there be not  the word respective and the first devisee be the testator daughter the  remainderman only a nephew he say likewise this circumstance of difference in  kindred distinguish the present case from that in dyer and lie accord the  court give judgement for the plaintiff
Barnardiston king b curland and Leeland vide ante this matter now come on  again Mr Paunsford submit it that the apprentice gain his settlement  notwithstanding the statute of Ann he say his serve a apprenticeship forty day  gain he a settlement under the statute of car now the statute of Ann do not  require that these indenture shall be enrol and stamp but within three month  after the make of they and therefore the omit to do this at a time after the  party have gain a settlement shall not have this retrospect to defeat that  which be once valid and establish the chief justice and judge page declare for  their own part that they think the word of the Act too strong to be get over  but judge probin and judge lee seem to think that there be a subsequent  expression in this clause qualify the general word however it stand over vide  post
Barnardiston king b curser and other and smith this matter be mention in page  and now a affidavit be produce to show that the defendant have be arrest by  the usual process of this court hold at Andover and that the gaoler let he  escape upon which he be again arrest by virtue of a latitat accord to the  custom of the court and carry to the county gaol after which a habeas corpus  be likewise take out to command the gaoler to bring his body into that court  but the gaoler make no return to it upon which the court amerce he twice or  thrice but it be do very moderate the large amerciament be not above S d and  now they begin to leave off hold a court at all though it ought to be hold  every Monday upon this complaint the court begin to consider about grant the  mandamus judge Reynolds say that if there be any collusion between the court  and the gaoler he can not see how this court can well help it for this court  can set the particular quota of amerciament which the inferior court shall  assess upon the gaoler however the court think they may send down a general  mandamus to the bailiff and steward to go on in the proceed of the cause which  accord they do and judge page say that he remember a case which he be concern  in the name of it be the king and Langton where the court grant a rule to show  cause why a attachment shall not go against the defendant for not enter up a  judgement of the courtheet as he be steward and judge of the court and he  intimate as if he do not see why a attachment will not lie in this case
Barnardiston king b damon and JOLLIEFFE vide ante Mr draper come now to show  cause and submit it that by the rule of the court the venue in this case can  not be change into Dorsetshire and he have no authority to consent Mr bank on  the other side say that he submit it the rule shall be make absolute he  observe that where a certiorari go to remove a cause above out of the  jurisdiction of pool which be send up accord and afterwords the cause be send  down to be try the trial be always have in Dorsetshire he observe too that the  freeholder in pool actual vote for representative for Dorsetshire though the  legality of those vote be now under dispute which fact he apprehend be a  sufficient evidence that pool be consider as part of that county judge page do  agree the fact relate to the certiorari to be as have be mention but yet the  court say they always take it that pool be a town and county of it self for  which reason they discharge the rule
Barnardiston king b darbey and gold vide ante Mr fazakerly inform the court  that the postea in this case be lose by some unavoidable accident and say that  he have a affidavit to produce that the record of nisi prius agree with the  roll for which reason he move that the plaintiff may have liberty to make up a  new record of nisi prius agreeable to the roll the like motion he say be allow  in Ven in the case of king who tam and Bolton hill Geo and in that of Needham  and Grenham Trin Geo accord a rule be make to show cause vide postea
Barnardiston king b DESBROUGH and CRUMBEY scacc how far sequestrator have no  authority to sell Mr Bumbery move that the irregularity of a sequestration may  be refer to the deputy which be take out against the defendant for not appear  by reason of its be take out soon than by the course of the court it can and  yet the sequestrator have take the good off the premise and threaten to sell  they the chief baron say that as to the carry the good off the premise it be  clear the sequestrator can do that because a sequestration upon mean process  answer to a distringa at law but however as to the sell they the court agree  in the present case it can not be lawful and say it have late be settle upon  debate and observe far that court of equity can not authorize sequestrator to  sell good even upon a decree till Lord stamford Act which make decree in this  respect equivalent to a judgement and even now the counsel say sequestrator  can sell but upon leave of the court however the court say this be a matter  proper for they to consider upon another occasion and therefore only refer the  irregularity of the sequestration as to the point of time to the deputy
Barnardiston king b DILLEY and Polhill vide Vol two this matter come on again  sergeant Hawkins say that it be very true this be a action bring upon the  award itself for the not perform it but he observe that it be lie in the  declaration that the defendant oblige himself by this deed to stand to this  award and therefore there be no occasion to lie a mutual agreement he say the  plaintiff will have declare upon the bind itself only then the defendant will  have plead a tender at the day without a uncore priest as the bind be give to  do a collateral act and if the party have declare upon the bind it will have  be good beyond all question to which purpose he cite saun Ven Lut for which  reason he submit it it be equal good in this case judge page say that he have  look into some of the best of the entry and he find that in action find on the  award they constant lie a mutual submission of the party and particular he  cite raze the court say too that in the case cite by the sergeant the  defendant plead over Barnardiston king b er p and by that mean admit the  submission but here as there be a demurrer to the declaration the court must  give judgement whether the submission appear to be sufficient lie or not and  they think it do not however give leave for another argument vide post
Barnardiston king b DOUSET and hayward the manner of declare against a filizer  the plaintiff declare against the defendant as clergyman domini king in person  Self ring to this he plead that he be a filizer of this court without hoc that  he be clergyman domini king in person Self ring and to that the plaintiff  demurrer Mr strange be now counsel for the defendant and say that he submit it  in point of law the defendant be not one of the clerk of the court but admit  he be yet he ought to have be describe by the proper name of his office by  which he be admit and enter in the book which be keep for this purpose he do  agree that in suit against atorneys against the chief clerk and the clerk of  the chief clerk this general appellation by which the defendant be declare  against be sufficient but in all other instance where officer of the court be  sue he submit it they must be sue by the proper name of their office the court  say it be very true indeed a filizer be not a clerk belong to the chief clerk  the business of which person be ad placita irrotuland but he be a clerk of the  court then as to the other point they think it not material by what name a  filizer be enter in the book but as he be in judgement of law a clerk belong  to the court they think he may well be sue by that name and accord order a to  answer ouster
Barnardiston king b dr WILMOT and the bishop OF lincoln vide before in the  declaration that be draw in prohibition the member of king college that be  cite before the commissary be not make party upon which Mr strange obtain a  rule a few day ago to show cause why these member of the college shall not be  add defendant with the bishop Mr grave come now to show cause upon the rule  but the court think proper to make it absolute and the chief justice say that  this method of declare in prohibition be allow not only to bring the judge but  the party before the court
Barnardiston king b drake and his wife and crisp for hopkins when a tender be  make who shall have the benefit of it chess the defendant have enter into  article of agreement with the ancestor of the plaintiff for the purchase of a  estate in December a mortgage of be discover upon it soon after the defendant  tender he the money with Barnardiston king b er p interest in may which the  mortgagee do not accept till may and the estate be not find to be in so good a  condition as be expect upon a bill be bring however in this court for a  specific performance of the agreement one question fall into debate whether  the interest save for the four year by the tender of the money due upon the  mortgage shall be for the benefit of the plaintiff or for the benefit of the  defendant another question be whether the defendant shall be Accountable only  for the mean profit he have receive from the time of the tender or for  interest of per cent for the purchasemoney from that time the baron be of  opinion upon the first question that he ought to have the benefit of the act  who do it and to the second they think he can not be Accountable for the mean  profit for that will be contradictory to the decree he a purchaser from the  time of the tender and from that time he ought to be consider so in equity for  he actual make lease of the land after that and receive the profit but they  think the natural method of charge the defendant be to make he account for per  cent which be the common interest of money for most of the time
Barnardiston king b DUPLESES and chalk how far the court do not set aside a  trial for a variance between the record of nisi prius and the copy of the  issue in debt for rend the plaintiff have four count in his declaration each  for and the general demand at last be but by mistake the conclusion of the  first count be unde action to grow progressively to have parcel which be but  half the gross sum however the copy of the issue be right videlicet unde  action to grow progressively to have parcel for this variance Mr marsh move  that the court will grant a new trial there have be no defence make at the  former and cite the case of Knute and Myonet the court say they be of opinion  that the present variance be in a place immaterial because it be only a false  conclusion and like the case where a videlicet be contrary to the premise and  of late all the judge have come to a determination not to set aside trial for  immaterial mistake accord the court set aside the rule which they have before  make for show cause why the trial shall not be set aside
Barnardiston king b Dutton and staple what shall be say to be a good plea of a  accord with satisfaction in a action upon several promise the plaintiff  declare in one count for due on a promissory note and the defendant plead S  give in satisfaction which the plaintiff accept the plaintiff reply and  traverse that he receive this less sum in satisfaction to which the defendant  demurrer the exception take by Mr Acherley be that this traverse be not good  inasmuch as the defendant plea be not the give a collateral thing in  satisfaction but a less sum in discharge of Barnardiston king b er p a great  if this have be a collateral matter he say he shall have admit that the  plaintiff have it in his election to traverse either the give or receive in  satisfaction and so far be the authority of the case in salk but he submit it  that case go no far the court however think there be no reasonable distinction  between the case and the chief justice say beside that he think the plea  itself ill in substance because in general a less sum can be plead in  satisfaction of a great the defendant counsel though to this say that in  assumpsit only damage be recoverable and therefore this plea be good in this  action as it will have be in trespass however judgement be give for the  plaintiff nisi before the end of the term
Barnardiston king b Evelyn and Evelyn the manner of raise portion canc this be  a cause that come on now for the judgement of the court the principal question  in the case be whether which be the portion of young child shall be raise by  sale of a term direct or by the annual grow profit the difficulty of this  question arise upon the word of a settlement wherein the father of the  plaintiff be make tenant for life with a power give to certain trustee to make  lease or lease for any number of year without impeachment of waste for the  raise these portion to the young child the remainder of this estate be limit  to the defendant the plaintiff now bring her bill against the defendant in  order to have a sale of the term so raise and upon this question the Lord  chancellor with the assistance of Lord Raymond and master of the roll deliver  their opinion the rule which they in general seem to agree upon be that where  the word of a settlement be not so express but what a court of equity may put  a construction upon they the construction which a court of equity will put  upon they be that the term shall be sell direct wherever the portion be vest  in the child at a day certain but a term shall not be sell direct wherever no  such day be certain this be the rule which the court lie down for their  construction when the word be not so strict but they may put one upon they but  they seem to agree on the other hand that though the portion shall be vest at  Barnardiston king b er p a day certain the word of the party may be so strong  as to confine the payment of it to that manner of do it only videlicet by the  grow profit accord in the present case as there be no fix time mention in the  settlement for the vest of these portion in the child the court dismiss the  bill ex relatum
Barnardiston king b Forwood and DUFFEN how far bail can be allow to justify at  a judge chamber on rule to show cause why a capias ad to give satisfaction  shall not be set aside for its be take out after a writ of error allow the  counsel for the defendant in error say that it be very true the plaintiff put  in bail to the writ of error at a judge chamber but the defendant attorney  give two rule for he to justify his bail upon which the plaintiff propose to  justify likewise at a judge chamber but the defendant attorney declare he will  not agree to it notwithstanding this the plaintiff attorney come to the judge  chamber and do justify and the counsel do agree that the defendant attorney be  there present and do not oppose it but he say he be there upon other business  and therefore he submit it that his be there and not oppose it be not material  he observe far that the plaintiff attorney be one of the bail and it have be a  old rule of this court that such person shall not be bail for his client and  in the common plea this rule be to this day strict follow for which reason he  submit it that the execution be regular on the other side it be insist that  the justify at a judge chamber be regular even without consent and therefore  it be pray on that side that the rule may be make absolute the court say that  the rule that have be mention against atorneys be bail for their client be  make for the benefit of atorneys but of late it have not be observe so they  think that matter regular enough but as to the other they say bail never can  justify at a judge chamber without consent and they do not think this be a  consent so the rule be discharge
Barnardiston king b foster and Grayham vide before this matter come on in the  paper again sergeant eyres say that he be ready for the defendant in error but  believe the other side give the point up accord no body appear for the  plaintiff judgement be affirm unless cause within a week
Barnardiston king b Frances and nash how far the court will give liberty that  the defendant shall nonpros the plaintiff writ of error at the expense of the  plaintiff by reason of its be bring contrary to the plaintiff agreement a  warrant of attorney have be give by the present plaintiff for enter up a  judgement against he and thereby he have agree not to bring any writ of error  and that if he do the defendant shall have liberty to nonpros it  notwithstanding this he do bring a writ of error in the exchequer Chamber upon  the judgement so enter up upon which Mr agar move that the defendant in error  may have liberty to nonpros it at the plaintiff expense and the court make a  rule to show cause
Barnardiston king b full and Josling how far a court of law do not relieve  against judgement enter upon a warrant of attorney but leaves the party to  take his remedy in equity Mr fazakerly move that it may be refer to the master  to see what be due upon a judgement that have be give upon a warrant of  attorney as a indemnity to two person be security for another upon her take  out administration to her husband and far pray that execution may be stay in  the sheriff hand in the mean time he say that this judgement appear to have be  confess upon term at the time of the confess it and whenever the term be  precedent to the judgement he submit it this court will always take care that  they be comply with though he do allow that when there be a subsequent  agreement this court have no jurisdiction and to this purpose he apply a case  out of salk in point the court say that wherever those term be that the party  shall do one or more determinate act they do indeed refer such judgement to  the master but wherever the term consist of uncertain act they never do it  upon which the counsel then pray that it may be refer to the master to see  whether there be one penny due and if it shall come out upon the report that  there be they will then Willing apply to another court for relief or at least  they hope the money shall be stay in the sheriff hand in the mean time till  they can have relief in another place but the court refuse to grant this part  of the motion likewise
Barnardiston king b Gifford and letchmere how far the court will not change a  venue in a action against a lighterman for lose good in convey they from  London into Middlesex Mr strange move that the venue may be change upon a  affidavit that the good if any where be lose in Middlesex but the court say  that it appear upon this very affidavit that the plaintiff be bind to give  material evidence in London where he have lie his action and therefore refuse  the motion the court say beside that the defendant have plead and therefore  the motion be wrong upon that account too
Barnardiston king b GOLBEIR and colson how far bail which be take by the  sheriff shall be at liberty to enter themselves bail above Mr strange move  that the bail take by the sheriff may have liberty to enter themselves bail  above inasmuch as the defendant refuse to appear himself or to suffer any body  to appear for he accord the court allow this because there appear to be a  plain design in the defendant to charge the bail however the court will not  allow the bail to justify themselves as a judge have not sign the bailpiece at  his chamber Barnardiston king b er p
Barnardiston king b GOODTITLE and BOURDOY how far the court will give leave or  not that a issue shall be amend in a ejectment on rule to show cause why a  issue shall not be amend in ejectment wherein the defendant name be repeat  instead of the plaintiff sergeant darnel say that he shall not oppose the rule  be make absolute provide it be on payment of cost but he submit it that cost  they be well entitle to for when this Cause come down to trial the defendant  counsel take the exception that there be no issue join and thereupon the judge  refuse to try the cause by this mistake of the plaintiff the defendant have  lose trial therefore accord to the common rule of the court he conceive they  be entitle to cost upon the amendment sergeant baines argue on the other side  and say that notwithstanding this exception be take at the trial the plaintiff  counsel offer to proceed the defendant counsel themselves be unwilling to go  on and therefore there be no trial be owe to the defendant choice and in such  case he submit it that no cost ought to be grant to this purpose he mention a  case that be in this court in replevin where there be a mistake of the clerk  and for that mistake a demurrer and a joinder in demurrer and after this  sergeant knot move to amend and the court allow it without payment of cost and  to the same point he cite lev the chief justice and judge lee say that they  think that the case that be cite on sergeant knot be motion can not be  maintain for law unless cost be grant and in the principal case the court be  all of opinion that the plaintiff ought to pay cost accord on those term the  rule be make absolute
Barnardiston king b GOODTITLE and walton vide ante Mr strange say he believe  he can not get over that exception in the manner he propose and therefore say  he consent that the judgement shall be arrest
Barnardiston king b GRANDEY and wiltshire the counsel move this case again  which be before in page and he say the count he rely upon be that which charge  the defendant with spoil One struen England a hayrick now this do not appear  to be annex to the freehold but only a personal chattel which stand upon the  ground and full cost be always allow in such case the court seem to think the  distinction be right but they doubt whether strew be a proper Latin word for a  hayrick for it signify a bundle in general and not a bundle of hay but strew  fni be the proper expression upon this it stand over
Barnardiston king b gregory and warren when a writ of error in parliament be  bring upon what term the court will stay proceed against bail pen such writ of  error on rule to show cause why proceed upon a to know facias against bail  shall not be stay pen a writ of error in parliament upon the same term as be  allow in the case of mire and Arthur the fact come out to be in the manner  follow in Trinity term last the plaintiff recover a judgement for pound Writ  of error be bring in the exchequer Chamber and the judgement affirm a capias  ad to give satisfaction take out against the principal two to know faciass  take out against the bail on the day before the return of the second the  present motion be make and the writ of error allow in parliament yesterday Mr  strange come now to show cause and say that he have often hear it say by the  court that they will never extend these rule in favour of bail far than be do  in the case of mire and Arthur he say he have a note of that case and it  appear there that the motion be make in favour of the bail before any to know  facias take out in the present one it be not make till the day before the  return of the second the court say where there be no writ of error sue out the  bail may surrender the principal at any time before the return of the second  to know facias they say they think there be the same reason where the writ of  error be bring that the bail may at any time before the return of the second  to know facias apply that proceed may be stay against they till the event of  the writ of error determine upon enter into a rule accord to the case of mire  and Arthur to pay the money recover or surrender the principal within four day  after affirmance of the judgement accord the rule be make absolute judge  probin absent
Barnardiston king b grove and drag how far the court will not change a venue  on rule to show cause why the venue shall not be change from London to  Southampton upon a affidavit that the cause of action if any arise there  sergeant chapel say that the action relate to some duty which the plaintiff  claim as lessee of the mayor of Southampton and which all the neighbour town  be affect by for which reason they be afraid they can not have a equal trial  there and therefore hope the venue shall continue where it be the court say  that Salisbury be the most proper place then that the venue shall be in as be  the next adjoin county in the same circuit however make a rule to show cause  why the last rule shall not be discharge and then upon Mr fortescue show that  the duty be exceed trivial and that only the seaport town in the county be  effect by they the rule be discharge
Barnardiston king b GUTTON and hall the notice which be requisite to be give  of a writ of inquiry the notice of execute a writ of inquiry be give general  to be on such a day without mention the particular hour upon which the court  make a rule to show cause why it shall not be set aside and stay the proceed
Barnardiston king b hall and chapman and other when there be a verdict on one  part of the record and a demurrer on the other part of it how far the court  will not arrest the judgement till the event of the demurrer be determine in  false imprisonment bring against three one of the defendant plead not guilty  to the whole the other two plead not guilty as to part and justify as to the  residue the plaintiff join issue with that defendant that plead not guilty to  the whole and verdict find for the plaintiff he likewise join issue with the  other defendant on that part of their plea which be not guilty and demurrer to  their justification the demurrer be not yet determine upon which Mr draper  obtain a rule a few day ago to show cause why the judgement shall not be stay  upon the verdict till the demurrer determine sergeant Belfield come now to  show cause and submit it that the court will not arrest the judgement on this  account but will leave the plaintiff to do as he can by law the court be of  the same opinion accord the rule be discharge Barnardiston king b er p
Barnardiston king b HANMERE and Ellesmere how far a person shall gain a  settlement by a service Mr fazakerly move to quash a order of removal wherein  the fact be special state that a man be hire for three quarter of a year and  live as servant for that time in Ellesmere and then continue on upon another  hire for a year and live upon that hire for one quarter but upon this matter  the justice adjudge that he gain no settlement at Ellesmere so remove he to  his former settlement at Hanmer he say there be many case where such hire and  service have be adjudge a good settlement and the court say this be not a  matter now proper to be make a question of so make a rule to show cause and  afterward make it absolute
Barnardiston king b harris and burley vide ante the chief justice say now that  he have consider far of this case and be full satisfy of his former opinion he  say the only case that incline the other way be those in Roll s Abr and salk  but as to the case in roll upon the face of it there appear to have be a  mistake in it and there be a much more true and perfect state of it in Yelv  and as to the case in salk that appear to have be mistake likewise and be true  answer by Mr Parker judge lee say he have look into his note for the case of  Thomson and lion and can not find that he have take any notice of it he say  that these writ of error ought to be allow in open court and he do not see any  reason for allow the present one accord the rule be make absolute Barnardiston  king b er p
Barnardiston king b harris and Myers what shall not be say to be a good notice  of trial on motion to set aside a verdict Mr agar say that in Michaelmas  vacation the defendant receive notice of trial for the first sit in hill term  which be the saint day of Feb but on that day receive a countermand with a  continuance of the notice of trial for the second sit which be of the that of  Feb on the that he receive another countermand with a continuance for the last  sit which be on the that on the that he receive a countermand for that  likewise with a continuance for the sit after term and then the plaintiff  bring on the cause and the defendant make no defence accord the court make a  rule to show cause and afterward make it absolute
Barnardiston king b harvey and SYLIARD ux how far a action of trover will not  lie against a servant but only against the master bury assize in trover bring  against the defendant in the right of his wife for a box with pound in it  which be deliver to her as bookkeeper to her brother who be a carrier in order  to be send by the wagon to London which pound be afterward lose Mr Pilsworth  object that the action will not lie against her but that it ought to have be  bring against the brother himself sergeant urlin submit it that it will in as  much as it be find upon a tort however the judge be of a contrary opinion  accord the plaintiff be nonsuit Barnardiston king b term pasch geo two
Barnardiston king b hawk and TRISBEY how far a non pro shall be say to be  regular c b sergeant Belfield move to set aside a non pro sign before the  sessinday of mich term whereas the writ be returnable only in Ester term the  chief Barnardiston king b er p justice tell he he suppose the defendant have  give rule to declare and demand a declaration and therefore the non pro be  regular after the second term and so he say this practice be settle in the  case of Moses and Richardson pasch Geo but he observe that give rule to  declare and call for a declaration be as necessary in sign non pro in this  court as give rule to plead and call for a plea be necessary to assign  judgement for want of plea in the king bench
Barnardiston king b HENSHAM and boil vide ante Mr Bootle Jun now move as a  motion of course for liberty to amend the entry of the award of the venire and  that without cost and for this purpose cite Mod and the case of Wilkinson and  mayor east Geo there the entry be tam ad triand how ad inquirend motion be  make to strike out the word how ad inquirend and grant without cost the chief  justice say he believe this may be do without cost however as no notice be  give of the motion they must make a rule to show cause which they accord do
Barnardiston king b herne and bushel in what case a writ of error quod in  person thou will not lie a writ of error have be bring in this court upon a  judgement in the Marshalsea and that judgement affirm upon this the plaintiff  in error bring another writ of error quod in person thou to sit back Mr Parker  now move that the plaintiff in the original action may have liberty to take  out execution notwithstanding this writ of error he say he do agree that where  a writ of error in this court abate by the death of the party another writ of  error will lie here quod in person thou but he submit it that in no other case  upon a writ of error in this court will a error quod in person thou lie judge  page declare that he be of the same opinion accord make a rule to show cause
Barnardiston king b HISHAM and road how far the court will not discharge a  person out of execution by reason of his not be charge within two term this be  a motion for a supersedeas to discharge the defendant out of execution by  reason of his not be charge within two term after judgement but it appear that  the plaintiff die present after judgement and that a caveat be enter against  the executor so that they can not revive the judgement by to know facias and  charge Barnardiston king b er p the defendant in execution within the two term  and therefore the court refuse the motion
Barnardiston king b HODINGTON and Pinkard how far a court of law will not  relieve in case of a execution but will leave the party to his remedy in  equity Mr fazakerly move that the sheriff may have liberty to amend his return  he state the case to be that the plaintiff together with a have two judgement  against another and sue out each of they several writ of execution that both  of these writ be deliver to the sheriff the same day but that the plaintiff  writ come to the sheriff hand first the sheriff upon this make out a warrant  to his bailiff to levy the money upon both of they but there be not good  enough belong to the party on who estate the execution be levy to satisfy the  whole of both demand a propose to the sheriff that if he will satisfy the  whole of his demand he will indempnify he which accord be do and the remain  part of the money be deliver to the plaintiff to satisfy as much of his demand  as it can satisfy and a return make of no one good as to the rest the  plaintiff afterward commence a action against the sheriff for this false  return insist that his execution ought to have be first satisfy whole and upon  that the sheriff get the money back again from a to pay the plaintiff and  deliver he up his bind of indemnity a commission of bankruptcy be afterward  take out against the same person who have have the two judgement recover  against he which overreach both execution and upon this a apply now to the  court that the return of become to make which be make as to he may be rectify  and make accord to what in truth it ought to have be in order that he may come  in as a creditor under the commission the court say that they have never give  relief in a case of this nature where the interest of stranger be to be affect  and therefore leave he to his remedy in equity
Barnardiston king b hooker and hooker vide ante this matter come on again  sergeant Hawkins argue on the part of the wife Mr reeves on the other side  sergeant Hawkins cite Rep Jon sand keb lev cro ray lev Roll s Abr Mr reeves  cite Roll s Abr Inst Ven pol lev cro the court declare their present think to  be that William Hooker be seize of such a estate as that his wife be endowable  but say they will consider of the case and deliver their opinion in write to  the Lord chancellor ex relatum vide post
Barnardiston king b horn and Mullins how far the court will stay proceed in a  action of escape a action of escape have be bring against the marshal for  discharge a poor person out of custody though in obedience to a rule of this  court make Geo Mr strange move that all proceed in this action may be stay he  say the statute have express provide that no gaoler shall be answerable for  the escape of such person so discharge and that he hope be a sufficient  foundation for this motion accord the court make a rule to show cause
Barnardiston king b howel and walker when a motion be make for a attachment  how far the affirmation of a Quaker may be read or not in support of such  motion on rule to show cause why a attachment shall not go against the  defendant for breach of a award Mr marsh object that the rule be obtain upon  the affirmation of a Quaker which ought not to have be admit because the end  of the attachment be to punish the defendant in a criminal manner for a  contempt of the court and to show that such affirmation have be actual refuse  in these case he cite that of the king and Wych but the master say that these  attachment issue out of the civil side and the end of they be only to recover  a duty of a civil nature and in the case of one jasper it be allow the court  too be of the same opinion but enlarge the rule that precedent may be search
Barnardiston king b Huggins and shirley how far the court will not stay the  proceed in one action till the cost of a notice of trial in another be pay in  a action for word Mr agar move for a attachment for nonpayment of cost of a  former notice of trial and that proceed on the second notice may be  Barnardiston king b er p stay till the cost of the former pay the court grant  the attachment but say that the latter part of this motion be constant refuse  in all case but in ejectment accord it be so in the present case judge page  absent
Barnardiston king b hunt and GOUCH how far a person shall not be bind to prove  that title in evidence which he lie in the declaration lend assize in a action  upon the case bring by a commoner against the lord for dig coneyboroughs upon  the common to the detriment of the commoner the plaintiff set forth a special  title to the common in his declaration but can not support that title upon  evidence upon which sergeant Urlyn object that the plaintiff have fail in his  evidence but the court hold the evidence to be sufficient for in this action  the title to the common be not in question but the prejudice do to it  Barnardiston king b er p
Barnardiston king b jasper and GROVENER how far the court will give liberty or  not that the rule for plead shall be enlarge in a action bring against the  defendant as executor to one who be factor to the African company sergeant  wright bad obtain a rule last term for enlarge the time for plead to the first  day of this term upon a affidavit that the defendant be seize with the dead  palsy so that he be not able to speak or write his name and likewise upon his  agree that the defendant shall not in the mean time give one creditor a  preference in payment to the other sergeant wright move now that this rule may  be far enlarge to the first day of next term upon a affidavit that the  defendant continue under the same disability and likewise upon his consent to  the same term as he do before Mr strange argue on the other side and say that  the defendant counsel have not give the court any reason to believe when the  defendant will be out of this disability and therefore there be no ground for  enlarge the time for plead far he likewise compare this case to that of a  motion to put off a trial where the court will not grant it unless some  probable cause be show that the party witness will return in a reasonable time  the chief justice say that in the case of Mr pit who be likewise a executor  Barnardiston king b er p and disable by the act of God in the same manner as  the present defendant be he remember the court of chancery grant a commission  to put the testator effect into the hand of some other person and he think  that will be the proper application in the present case however judge page and  judge lee say that if the defendant counsel will consent peremptory to try  this cause as of next term and so submit to the other term that be offer they  shall think it will be a reason for enlarge the rule for plead to the time  that have be desire accord upon the defendant counsel consent to this the rule  be enlarge till that time
Barnardiston king b jones and mason vide ante S c sergeant baines come now and  inform the court that these action be first of all of different term one of  Trinity the other of Michaelmas the declaration of Trinity be faulty and for  that there be a demurrer and thereupon the court on motion give leave it shall  be amend and then it become a new declaration and happen to be of the same  term with the other upon which he move the court that they will not allow of  these action to be join in one but upon new bail Barnardiston king b er p be  give equivalent to both the cause of action the court say this be a reasonable  proposition and must be the practice of the court in all these application to  join different cause of action in one accord discharge their first rule unless  the other side will consent to do this on Friday
Barnardiston king b king and the MANUCAPTORS OF Seagrave when a to know facias  be take out against bail the time that be requisite that it shall lie in the  office upon the irregularity of a to know facias against bail be refer to the  master he report that a to know to make be return upon it but that it do not  lie in the office four day before the return and whether this be requisite or  not be the question Mr reeves and Mr prime argue that it be not and rely upon  a case in salk in point however the other side say they have two case direct  with they late than this in salk one be that of olgar and staple Trin the  other that of Gilbert and Billingsley the master say too that in the book of  practice leave he by his father there be no distinction between two nihils and  a to know to make in this respect and constant experience be that each of the  to know faciass must lie in the office four day where two nihils be return the  court think this the most reasonable but however order this matter to be far  inquire into
Barnardiston king b lamb and ross the course of proceed against a attorney the  defendant be a attorney of this court and live mile off the plaintiff file a  bill against he and send it he down and at the same time serve he with a four  day rule to plead now the counsel say that it be impossible for he to plead  within that time and yet the plaintiff immediate after the time sign judgement  the defendant order his agent to plead the general issue for he as soon as  possible he can and therefore the counsel move that this judgement may be set  aside but the court say the judgement be regular and therefore they can not do  it and judge page say that atorneys of the court be always here by themselves  or their agent
Barnardiston king b langley and PETHER what thing the court of king bench may  hold plea in by original writ in a assumpsit the defendant demurrer special  because the plaintiff have not declare against he in custodian marescalli and  Mr Kettleby say that no original will lie in the king bench unless it be way  arms and therefore this action will not lie here to this purpose he apply Inst  Inst Fitzherbert n b roll but Mr draper say that the precedent have be so many  and especial late in this way that it will be a thing of the most dangerous  consequence if this exception be allow and beside he say that in the present  case the defendant can be entitle to take it because he have not plead it to  the jurisdiction of the court but demurrer in bar the court say that they  believe precedent may be show so far back as Henry S time of this court be  hold original jurisdiction in assumpsits and therefore they think it be not  fit for this court to give judgement now to the contrary for the unknown  confusion that may attend it a thing of this nature be only fit for the  exercise of the parliament authority who can confirm what already have be do  at the same time that they order the contrary for the future accord give  judgement for the plaintiff
Barnardiston king b law and law how far the court will give liberty that a  plea may be withdraw in debt on bind Mr fazakerly move to withdraw a plea of  to loosen ad diem and plead another special one on Edward that the bind be  illegal be make on the sale of a certain office the court at first doubt  whether this can be do because the defendant do not offer to plead the general  issue but a special plea upon which Mr fazakerly mention the case of Meard and  Philips Trin Geo Barnardiston king b er p where the court give the defendant  leave to withdraw the plea of nil debet and plead two special one upon this  the court make a rule to show cause in the present case vide postea