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Anonymus in B. R

Maclean & Robinson's Appeal Cases English Reports Cited authorities 5 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1826
Date01 January 1826
CourtHigh Court

English Reports Citation: 89 E.R. 19

THE COURTS OF KING'S BENCH AND COMMON PLEAS

Anonymus. In B. R

case 26. anonymus. In B. K. Sembk, S. C. He's case, 1 Vent. 143, 153. 2 Lev. 18. T. Eaym. 211. 2 Kebl. 802. Mandamus lies to restore a sexton.-Mar. 101. 7 Mod. 118. Sty. 457. 2 Boll. 455. Latch, 124. Dy. 150, 209, 333. A mandamus was moved for to restore a sexton to his place; the Court at first doubted whether it would lie or not; but afterwards eodem termino it was granted. Hale.-It will lie for the steward of a court-leet (a), or court-baron (b). Twisden.-It will lie for a constable (c), parish clerk (d), or church warden (e), because they are publick officers ; it was also granted to restore a fellow of New College eodem termino (/). Vide 21 Co. 28, le poww de le Bank In Koy en ceo.

English Reports Citation: 89 E.R. 38

THE COURTS OF KING'S BENCH AND COMMON PLEAS

Anonymus. In B. R

case. 59. anonymus. In B. R. Semb. S. C. 2 Lev. 72. 3 Kebl. 116, Cock v. Cross. The obligee [on a joint and several bond] who is executor of the executor of one of the obligors, may sue the survivor, unless it appear that he has received satisfaction out of the assets of the deceased (a). A. and B. are obliged to C. A. dies, and makes D. his executor, who dies and makes C. his executor ; C. sues B. for the debt. B. pleads the matter supra, and says, (1) S. C. Hardr. 325. 1 Lev. 79. T. Raym. 59, 76. (a) Post, Randall v. Richill, c. 125, 428. Bac. Abr. Gavelkind (B). (a) Fid. post, c. 225, 227, 229. Buller Ni. Pri. p. 4. 3 Bl. Com. 123. Bac. Ab. Scand. Mag. (B). 3 Wooddes Lect. 173-4. (1) 1 Lev. 148. Post, p. 218. (a) See the other reports of this case referred to above, and Bae. Abr. Executors, (A) 9. 2 Show, 401. R. T. Hardw. 133. lJBEBlIiir,0. IN COMMUNI BANCO 39 that diversa bona et catalla of A., the first testator, came to the hands of C. But it was ruled against B. because he did [50] not say ad valentiam debiti, and perhaps the goods were but of the value of 6d.

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