Bennet against Pilkins
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 364
COURT OF KING'S BENCH
364 MICH. 18 CAR. II. IN B. R. 1 LEV. 192. [192] bennet against pilkins. A traverse by el non, and a formal traverse afterward. S. C. 1 Saund. 20, 21, &c. 2 Keb. 94, 105. Debt on an obligation, conditioned to appear on a bill of Middlesex, returnable die Sabbati prox post quinden' Pasch. The defendant pleads, that he was arrested on a bill returnable die Veneris, and pleads the statute of 32 H. G, and that the bond was given for ease and favour: the plaintiff replies, that he was taken on a bill returnable die Sabbati, and not die Veneris. The defendant rejoins, that he was taken by virtue of a bill returnable die Generis, absque hoc that he was taken by virtue of a bill returnable die Sabbati: the plaintiff demurs. And it was argued by Wylde and Pemberton, that the rejoinder was ill, and a traverse upon a traverse ; for when the plaintiff replied that he was taken by a bill returnable die Sabbati & mm die Generis, the et non die Feneris was a traverse, whereon the defendant might have joined and taken issue. Jones and Saunders on the other side argued, that the et non, &c. was not any traverse, at least not a formal traverse, or such as the books mention that a traverse cannot be taken upon a traverse; and to have joined issue on the et non die Veneris, would have made an...
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Bennet v Filkins
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