Answers
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1582 |
| Date | 01 January 1582 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 107
HIGH COURT OF CHANCERY
12. answers. Toy enforced at the suit of Kirke, to set down upon his oath, whether his lease was expired or not, 25 Eliz. [1582-83]. Mildmay was not enforced by answer to the bill of Gary and Cottington, to discover a forfeiture to his own hurt, 32 and 33 Eliz. [1590]. Persons of a corporation charged as private persons, answered upon oath. Warr' contra Societatem Feltmakers, in 20 or 21 Jac. [1622-24]. Gowen contra Taylor, 38 & 39 Eliz. [1596] the defendant being in prison would not answer, therefore the plaintiff was admitted to proceed to proofs. [8] Becket contra Waller, 28th November, 40 Eliz. [1597], the defendant being in prison, and not in the Fleet, would not make a better answer, though two subpoenas were served, my Lord Keeper said, Let that be deposed, and he should be shut up close prisoner in what prison soever he was. Butt contra, Ward, the defendant enforced to answer without his wife, 28 Eliz. [1585-86]. Elizabeth Brereton contra Hart, Mich. 1587, the like. Kirkham contra Saunderson. Saunderson having two leases, was allowed to stand by answer upon them both, and not restrained to one at his peril, Hil. 35 Eliz. [1593]. Burgony contra Machell, the defendant divided his title by a lease and assignment, which was before his knowledge, and therefore pleaded that he heard say, that such a lease and assignment was made ; the Master of the Rolls was of opinion, because it was another's act, the oath is, that he thinks it to be true ; the defendant might have pleaded directly, that they were made as he thinketh, 37 Eliz. [1594-95]. Rotheram contra ' Saunders, the defendant answered, that he had no evidence belonging to the plaintiff, that answer was disallowed, because the defendant therein will be his own judge whether they belonged [9] to the plaintiff or not. And therefore he was ordered to answer what he had, and to bring them to be viewed to whom they belonged, Pasche 37 Eliz. [1595]. A man's own acts must be answered directly upon oath, in the affirmative or negative, without traverse, as Master Justice Beamont held in the case of Williams and Leighton, 38 Eliz. [1595-96]. Stauden contra Bullock, the defendant forced to set down to whom he assigned his lease, because otherwise the lessor would have no action of waste ; and to set down the names of the persons whom he had caused to fell trees, whereby the lessor might have his action against them, 38 & 39 Eliz. [1596]...
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