46 E. 6. 18 E. 5, 46. 24 E. 3, 34
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1623 |
| Date | 01 January 1623 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 38
IN THE EXCHEQUER-CHAMBER
case XCVIII. 4G E. 6. 18 E. 5, 46. 24 E. 3, 34. A writ of annuity is brought against a parson, who has aid of the patron and ordinary, this action is tried, and the plaintift' recovers in it; a scire facias is brought against the successor of the parson for this annuity, he shall not have aid ; for the aid of the patron and ordinary was once had before, and it is in vain and to no purpose to grant it again, and it would be infinite ; for if it be granted now, every successor must have it. This case was four times adjudged. Lex nihil facit frustra. Expedit reipublicte ut sit finis litiuni. Annuity is brought against a parson, who prays in aid of the patron and ordinary, they are summoned, and make default, and judgment is given against the defendant upon trial of the action, or upon confession, or upon the default of the parson after appearance : neither he nor his successor shall ever afterwards have aid in a suire facias upon this judgment. After judgment in annuity once had, a scire facias, shall issue upon this judgment only, for the arrearages incurred before, and the plaintiff shall, by this scire...
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Howel v Hanforth
...husband :" which peradventure he might shew for cause, if a sci. fa. had issued. S. P. Bro. Sci. Fa. 75 ; Annuity, 17; Monstr. de Fait, 6; Jenk. 51, 52 ; 6 Co. 45 a (q). So in judgments on action of covenant, a sci. fa. must be sued out, in case of subsequent breaches; Cro. Eliz. 3, Swan's ......