Anonymous (1712) Cooke 5
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1712 |
| Date | 01 January 1712 |
| Court | Court of Common Pleas |
English Reports Citation: 125 E.R. 921
Common Pleas Division
Hil. 11 Geo. II. which having been complied with in the present case the judgment is regular. Howard v. Chandley, C. B. Tr. 4 Geo. III. Nares fur plaintiff, Whitaker, Defendant.] ANONYMUS. TRIN. 11 ANN. 1712. Notice of trial and inquiry. Reg. Cur. Mich. 1654, sec. 21. Vid. Bower v. Street, ante, p. 2, Buxom v. Fellow, post, p. 66. Upon a motion in relation to the due execution of a writ of inquiry of damages, the Court held, that after an interlocutory judgment signed, the plaintiff need only give common notice of the execution of a writ of inquiry, notwithstanding the judgment was signed above a year before ; though upon an issue that hath been joined above a year, a term's notice of trial must be given. Vide the case of Paul v. Gledhil, post, p. 97, where it is held, that a term's notice must be given, as well of the execution of writs of inquiry, as in all other cases of notices, where there has not been any proceeding within the year. ANONYMUS. THIN. 11 ANN. 1712. Costs for defendant after demurrer in quare impedit. Vid. Miller v. Seagrave, post, p. 25. Aplin v. Constable, post, p. 35. In quare impedit, where judgment is given for the defendant upon a demurrer the defendant shall have costs, per totem Curiam. [5] ANONYMUS. TRIN. 11 ANN. 1712. Precipes for recoveries. Reg. Cur' Mich. 1677. Trin. 1736. It was declared by the Court, that all precipes for the passing of recoveries should be marked with...
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