Anonymous (1728) Skin 7
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 4
IN THE COURT OF KING'S BENCH
Anonymous
8. anonymous. Pollexfen moved for a prohibition, and suggests how that within such a parish there is a custom, how that the inhabitants of such and such antient tenements have sat in the first seat of such an isle, and how that the bishop removed them, and gave licence to others to sit there; and for that they went to try the cu-[8]-stom in the Spiritual Court, he prayed prohibition, for that it is an idle custom; and that where Courts held plea for an idle custom, they shall be prohibited: and cited the case of Topsail and Ferrers, Hob. 175, but 'twas denied, and Chief Justice Pemberton said, that here besides custom the Court hath conusance of the matter, placing and displacing being in the Ordinary : so that if...
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