Barker and Martyn
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1658 |
| Date | 01 January 1658 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 497
UPPER BENCH COURT AT WESTMINSTER
barker and martyn. Pasc. 23 Car. Bane. Reg. Arrest of judgement in an action of trespass The plaintiff brings an action of trespasse, and declares against the defendant for breaking his house, and taking away quinque instrumenta ferrea; Anglice, fetters : and a verdict was for the plaintiff. It was moved in arrest of judgement, that the word instrumentum is not a word that signifies fetters ; but that it is so general a word that it may expresse any other thing as well, and that the Anglice joyned with it, to interpret what! it means, cannot help it, because there is a proper Latin word which might and ought to have been used to expresse fetters by. Rolle Justice said, that by the statute all pleadings ought to be in Latine, and every particular thing therein ought to be expressed by a Latin word, if there be a proper Latin word...
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Eeles v Lambert
...E.R. 511" class="content__heading content__heading--depth1"> English Reports Citation: 82 E.R. 511 UPPER BENCH COURT AT WESTMINSTERBarker and Martyn barker and martyn. Trin. 23 Car. Bane. Reg. Arrest of judgment in trespass. The case between Barker and Martyn was again moved, which was brie......