Court of King's Bench Court Cases

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  1. Luther v. . Holland (1793)

    The plaintiff ought to have shown it in the declaration. Masters in Chancery in ancient times were clerks of the court, and their office was and is now to sign writs. Hence, now all original writs are signed by them. The statute in speaking of clerks intends them. It is but lately they have had commissions of Judges.

    This is the reason why they could not marry, till they were enabled so to do by the statute of 14 H., 8, 8.


    Court: Court of King's Bench
  2. Surry's Case (1793)

    Barksdale. "During the term" shall be taken for the whole term; quiaindefinitum universali aequipollet, and the subsequent words to the lessorand his assigns, do not abridge it. When there is a repugnancy between words, the law regards those first spoken. 2 E., 2. Feoffments, 94. So that it seems that if one leases land, rendering annually during the term £ 10 to the lessor for 20 years, this, nevertheless, is a good reservation, during the whole term. So in 5 Rep., 19. Lease to two, [...]

    Court: Court of King's Bench
  3. Dawburn v. . Martin (1793)

    The plaintiff, an attorney of the court, brought a suit against the defendant for saying these words of him: Thou art *a knave upon record, aforgering knave, and he was found guilty, and £ 6 damages were given. And


    Court: Court of King's Bench
  4. Foster v. . Taylor (1793)

    An ejectione firmae was brought in the Common Bench, judgment given, and error brought here. The error assigned was a variance between the plea roll and the imparlance roll. The last being of an ejectment 10 Junii, 22 Jac., and the plea roll 12 Junii, 22 Jac. But the truth was that the plea roll was entered 10 Junii, but was erased and made 12 Junii. Bramston moved for leave to amend the writ, and the court (absente CREW, C. J.) granted it, notwithstanding that the record was removed here, and [...]

    Court: Court of King's Bench
  5. Anonymous (1793)

    Now Calthrop. Let me have leave to declare on the old bill, which was entered in Michaelmas term last, and this being within three terms, may be done. Otherwise, our debt is lost, because the heir has since Michaelmas aliened all the land he had by descent.


    Court: Court of King's Bench
  6. Ward v. . Kedswin (1793)

    But it was answered and resolved by the court that it is well enough indetinet. 46 E., 3, 15. One does not declare ad valenciam when it is for English money; but here it is well enough, for the value of one is known, but not of the other.


    Court: Court of King's Bench
  7. Constable v. . Clovery (1793)

    In covenant. The case was this. The master of a vessel covenanted to sail with his freight by the first fair wind, and the other party to pay the freight. The master brought his action for his wages, and alleged that he had performed the voyage. The other traversed that he did not sail with the first wind; the plaintiff demurred, and the defendant joined in the demurrer.


    Court: Court of King's Bench
  8. Baker's Case (1793)

    Husband and wife in action of trespass De bona sua is well, for the reference shall be singula singulie. What Henden has moved, is after a verdict. Issue was taken on it, and it is found to be his deed, which is well.


    Court: Court of King's Bench
  9. Anonymous (1793)

    It is a supersedeas to the return, but not to the writ of inquiry. Palm., 405.


    Court: Court of King's Bench
  10. Blackston v. . Martin (1793)

    The nature of a scire facias is to put everything upon the defendant, for there is judgment for the plaintiff.


    Court: Court of King's Bench
  11. Hern v. . Warden (1793)

    On a return of a writ of false judgment in an action on the case, brought in an inferior court, the judgment was concessum instead ofconsideratum est per curiam; and it was reversed. Antea, p. 685; Postea, pp. 759, 767; Noy, 77.


    Court: Court of King's Bench
  12. Anonymous (1793)

    He is no officer now.

    To which it was answered that it was a contempt while he was an officer.

    Whereupon by DODERIDGE and JONES, JJ. Let an attachment issue. Noy, 89.


    Court: Court of King's Bench
  13. Ashfield v. . Ashfield (1793)

    The court agreed that it was no disseizin, viz., that the least of a copyholder, without license, is no disseizin to the lord. But the counsel were directed to argue the question whether it should be void in respect of the forfeiture. Afterwards it was debated afresh, and held that the lease was not void; but judgment given against the infant. JONES, J., said on the first day, in the C. B. leave without license had been adjudged no disseizin. Nota that the plea was adjudged vicious in form, as [...]

    Court: Court of King's Bench
  14. Anonymous (1793)

    But HYDE, C. J., and DODERIDGE, J., e contra. Because for this breach of trust there is no other remedy at law.

    JONES, J., concurred.

    Secondly, it was further objected against the prohibition that the plaintiff is the Queen's attorney there, and is bound to his *attendance, and therefore shall have his privilege. He shall not have his privilege in this case, for he sues as executor.

    He shall not have his privilege omnino. Godb., 431.


    Court: Court of King's Bench
  15. Smith v. . Wayt (1793)

    Where debt is brought on a lease for years, on the contract, it may be brought anywhere. But where it is brought on the privity of the estate, as here, it ought only to be brought where the land is. It has been so adjudged both in the K. B. and C. B. Trethorn and Cleebrook's case. Let the plaintiff pay costs, and then per favorem curiae, he may amend his declaration. Godb., 385; vin., 26, 69; Hut., 68; Jones, 44; postea, p. 813.


    Court: Court of King's Bench
  16. Brightman's Case (1793)

    He shall not be relieved here. It was his own folly to deliver the writing to a person who took so little care of it. Perhaps there was some condition or limitation in the deed on which the annuity ended, and he now pretends to have lost the deed, in order to charge his brother absolutely. But if the deed had been casually lost, as by fire, etc., he might have relief in equity, as in the case *of Vincent and Beverly.


    Court: Court of King's Bench
  17. Drope v. . Thaire (1793)

    In 29 El., and many other cases, it has been adjudged that if the servant be robbed of the goods of his master, he shall have his action against the hundred, upon the statute of Winchester. And this is a stronger case. Both the master and servant have an action. 18 E., 2. F. Coron. If a servant be robbed, the master or the servant shall have an appeal, and he who will first bring it shall recover, and preclude the other. Two merchants are joint tenants of goods; one is robbed of them; both may [...]

    Court: Court of King's Bench
  18. Argot v. . Cheney (1793)

    Father tenant for life, remainder to the son in tail; praecipe brought against the father, who vouched the son, and common recovery had; the indenture reciting that the recovery was made between the father and others. But as no proof was made of the consent of the son, and he was not a party to the indenture, the court directed the jury to find the uses according to the estate that he had at the time of the recovery. It was said that if two joint tenants suffer a recovery, and one declares, [...]

    Court: Court of King's Bench
  19. Newman v. . Cheney (1793)

    Stone moved that the action does not lie against the wife. It does. For although she is not chargeable for any contract during her coverture, she may convert goods.

    WHITLOCK and DODERIDGE, JJ., concurred.

    CREW, C. J., doubted. Noy, 79.


    Court: Court of King's Bench
  20. Hopkins v. . Offal (1793)

    A foreign plea is not receivable, unless it be upon oath, and is transitory. As here that he accounted is not receivable unless upon oath.

    There is no inconvenience in suffering the judgment to stay. For that heheretofore accounted with the plaintiff is a good plea before the auditors.


    Court: Court of King's Bench

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