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Anonymous (1795) 1 Salk 402

Nominate Series English Reports Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Date1795
Year1795
CourtCourt of the King's Bench

English Reports Citation: 91 E.R. 347

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Attwood
and
Burr

Mich. 1 Ann. B. R. 2 Ld. Raym. 821, S. C.

[402] 10. attwood versus burr. [Mich. 1 Ann. B. E. 2 Ld. Eaym. 821, S. C.] Far. 3. Judgment on a demurrer to a plea must be entered with, Et quia videtur Curia quod placit prced', &c. S. C. 2 Salk. 603. 5 Mod. 397. 7 Mod. 7. Ante, 89. S. C. Far. 7. Garth. 447. 3 Salk. 369. Lilly Ent. 225, 403, 890. In an Inferior Court the plaintiff demurred on the defendant's plea, and the entry of the judgment for the plaintiff on the demurrer was, idea considered, est, &c., and not 348 JUDGMENTS 1 SALKELD, 402. said as usual, et qiiia videtur Cur. hie quod placitum prcedict. prcefat. defendentis minus sufficient in lege, &c. And now this judgment was reversed for that cause; for when a demurrer is joined, the Court ought first to determine the matter of law, whether sufficiens, or minus sufficiens, before they pronounce judgment; and by this judgment it does not appear that they determined the matter of law before them (b). (b) In Bellew v. Scott, Str. 440, it was said by Eyre, J. that this report is not right; that, though the point was mentioned in Mich. 1 Anne, the cause hung til. Hill. 4 Anne...

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