1 E. 5, 13. Term. Pasc. Sect. 39. 7 H. 4, 16. 16 Ass. Pl. 3. 13 Ass. Pl. 2. 8 Co. 65 b 66 a. 2 Cr. 210, 211. 3 Cr. 33
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1623 |
| Date | 01 January 1623 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 6
IN THE EXCHEQUER-CHAMBER
cask IX. 1 E. 5, 13. Term. Pasc, sect. 39. 7 H. 4, 16. l(i Ass. pi. 3. 13Ass.pl. 2. 8 Co. 65 b. 60 a. '1 Cr. 210, '111. 3 Or. 33. In an assise of novel disseisin, the disseisin was found, and damages taxed by the recoguitors ; the disseisor after this verdict, and before judgment, cut down timber to the value of 101. the recognitors may be reassembled to enurease the damages. By all the sages of the law. I understand this case to have been before the reeognitors were discharged by the court, and the verdict entered. Patru* laboribus and expeusis non debet fatigari, 33 H. 0, 47, in an assise for land, the plaintiff recovers damages till the time of the verdict; in an assise for rent, till the time of the judgment. I'ilfold'a wise, 10 Co. 1 15, in trespass or ejectment till the writ purchased. The reason of the diversity is ; an assise complains of a wrong which continues ; and the other instances of a wrong done before the plaint, and not of a wrong which continues ; for in an assise of rent it appears by the plaint to the judges how much is arrear at the time of the judgment; in an assise of land it appears to the jurors only. An enqueat discharged after verdict given and entered, or discharged before verdict, shall not be charged again. In the principal case, if the verdict had been entred, and judgment given, estrepment would lie. [7] In real actions, an assise for land where damages...
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