Anonymous (1712) Cooke 5

JurisdictionEngland & Wales
CourtCourt of Common Pleas
Judgment Date01 January 1712
Date01 January 1712

English Reports Citation: 125 E.R. 921

Common Pleas Division

Anonymus

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 the proper prothonotary's name; and at the time of passing the same should be delivered into Court by one of the serjeauts, otherwise no recovery to be entered. ANONYMUS. THIN. 11 ANN. 1712. Habeas corpus brought by the plaintiff. An habeas corpus brought by the plaintiff, a declaration delivered, and judgment signed ; but all was set aside as irregular, because the plaintiff having once made his election cannot remove his own cause, nor can the defendant be compelled to appear. The like rule was made Trin. 10 Ann. Hobbs v. Williams, Prac. Reg. 216. ANONYMUS, MICH. 11 ANN. 1712. Money in Court, and plaintiff nonsuited. Lane and Others against Wilkinson, post, p. 36, and Prao. Reg. 250. But vide Ralhbone v. Stedman, post, p. 54, and Prac. Reg. 251, and Maddox v. Pastan, post, p. 117, where the defendant shall have the money in part of his costs, and vid. post, Crockhay v. Martyn, p. 129, and Barnes, p. 281. In an action against an executor, he paid money into Court, upon the common rule...

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