Bradley v Gray
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1846 |
| Date | 17 November 1846 |
| Court | Court of Common Pleas |
English Reports Citation: 136 E.R. 291
IN THE COURT OF COMMON PLEAS
3C. B.727, BRADLEY V. GRAY 291 bradley v. gray. Nov. 17, 1846. In debt on a judgment, the declaration alleged that the plaintiff recovered a judgment against the defendant " in the court of our lady the Queen, of her Bench here at Westminster, in the county of Middlesex." The defendant pleaded "that there was not any record of the said supposed recovery remaining in the said court of our lady the Queen, before the Queen herself at Westminster (named in the declaration the court of our lady the Queen of her Bench at Westminster), in manner and form as in the declaration alleged." The plaintiff replied, "that there was such a record of the said recovery remaining in the said court of our lady the Queen of her Bench here, in manner and form as the plaintiff had in the said declaration above alleged: "-Held, that the plaintiff proved the affirmative of the issue, by the production of a record of a judgment recovered in this court. Debt, upon a judgment. The declaration stated that the plaintiff, on, &c., in the court of our lady the Queen of her Bench here, at Westminster, in the county of Middlesex, by the consideration and judgment of the said court, recovered against the defendant, as well a certain debt of 181., as also 81. 18s., which in and by the said court of our said lady the Queen of the Bench, were then adjudged to the plaintiff for his damages which he had sustained, as well by reason of the detention of the said debt, as for his costs and charges, &c. To this the defendant pleaded, that there is not any record of the said supposed recovery remaining in the [727] said court of our lady the Queen, before the Queen herself at Westminster (named in the declaration the court of our lady the Queen of her Bench at Westminster), in manner and form as in the declaration above alleged. The plaintiff replied, that there is such a record of the said recovery remaining in the said court of our lady the Queen, of her Bench here, in manner and form as the plaintiff hath in the said declaration above alleged. Pearson, for the plaintiff, now prayed judgment, upon production of the record of a judgment of this court, corresponding with that mentioned in the declaration. Lush, for the defendant, objected, that the record produced did not sustain the issue, the declaration in effect stating a judgment recovered in the court of Queen's Bench, though stating it informally; and...
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