Berry v Fernandes
| Jurisdiction | England & Wales |
| Judgment Date | 06 November 1823 |
| Date | 06 November 1823 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 136
IN THE COURT OF COMMON PLEAS
S. C. 8 Moore, 332.
[337] cases argued and determined in the court op common pleas, and other courts, in michaelmas term (a), in the fourth year of the eeign of george IV. memorandum. Chief Baron Richards died on the llth of November in this term. [338] berry v. fernandes. Nov. 6, 1823. [S. C. 8 Moore, 332.] In C. B. an affidavit of debt for money paid for a Defendant, and advanced to him, need not state that the payment and advance were at Defendant's request. The Defendant had been holden to bail on an affidavit, that he was indebted to the Plaintiff in 1., for money paid by the Plaintiff for the Defendant, and money advanced to him ; but there was no allegation that this was at the request of the Defendant. On the ground that the affidavit was insufficient by reason of this omission, Pell Serjfc moved for a rule nisi to discharge the Defendant on common bail. He admitted that in Bliss v. Atkins (5 Taunt. 756), and Eyre v. Hultm (5 Taunt. 704), such an affidavit had been deemed sufficient in this court; but in support of his application he relied on Dumford v. Mestiier (5 M. & S. 446), a late decision in the Court of King's Bench, in which it was holden that the allegation of a request was essential in such an affidavit; and he argued the...
To continue reading
Request your trial
-
Bowser and Others v Austen
...Eyrev. Hulton, 5 Taunt. 704, 1 Marsh, 315; Bliss v. Atkins, 5 Taunt. 756; Brmm v. Gamier, 6 Taunt. 389, 2 Marsh, 83; Berry v. Fernandas, 1 Bing. 338; 8 Moore, 332. (a)3 Skawman v. Whalley, 6 Taunt. 185; and see 1 East, 81; ibid. 330; 1 B. & P. 132; 7 T. R. 375; 1 M. & S. 230. 20 ALLEN V. MI......
- Keith Trevor Lock trading as Mega Movies and Ascom Electronics v Territory Insurance Office