Bambridge v Bates et Al
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1803 |
| Date | 01 January 1803 |
| Court | Exchequer |
English Reports Citation: 83 E.R. 175
IN THE EXCHEQUER.
[337] term. hill. 31 & 32 car. 2. in the exchequer. bambridge versus bates & al. antea 305, 328. Trespass. Letchmere for the plaintiff. Here is not any special conclusion by the jury, viz. whether the low winea are made of foreign materials'? But as this record is, 1. Here is no colour for the Court to give judgment for1 the defendant. 2. Here is colour to give judgment for the plaintiff. 1. For that they find that the jury find that the plaintiff was cammunis distillator aquarum fm-tium for a year before; but they do not find that he made low wines of foreign materials, and so that which they find is a, thing immaterial. 2. They find that Hall did exhibit an information, and the plea and judgment, prcmt per recordum apparet, but do not find that the contents of that information were true. 3. They find that there is molasses made beyond sea, and also in England ; but they do not find who made them. 4. They find that molasses is made ex fcecibus saccari, but they do not find that the plaintiff made the low wines ex fcecibus saccari. And for this very cause in Terry ami Huntington's case it was adjudged naught, in Hill. 1668, in this Court. In the case of bankrupts, although the commissioners have sole authority to adjudge a man bankrupt, yet in an action the jury must find whether he was a, bankrupt or no, and not barely by the acljucation of the commissioners. Tis so in case of a plea, 2 Roll. Rep. 40. In an avowry for an amerciament in a, leet, it is not sufficient to say pmsentalum fuit at the leet, that the plaintiff did such an act, but he must aver the thing, and not rely upon the presentment. 2. Here is ground to give judgment for the plaintiff, because it is expressly found that the...
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Doswell against Impey and Two Others
...he shall traverse that he was not a bankrupt, although the commissioners affirm him to be one." And in Banibridge v. Bates (Sir T. Raym. 337, and Vin. Abr. tit. Creditor and Bankrupt, (C), pi. 2, S. C.), it was held, that, " although the commissioners have sole authority to adjudge a man ba......