Bulloigne against William Gervase
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1657 |
| Date | 01 January 1657 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 49
COURT OF COMMON PLEAS
bulloigne against william gervase, Administrator. Bulloigoe brought an action of debt upon an obligation of 121. against William Gervase administrator to I. S. and the defendant pleaded, that the intestate died outlawed, and that the autlawrie alwayes continued in force, and upon this the plantiff did demur generally, and it was argued by Attoe for the plantiff, for the plea is not good, for this is a plea only by way of argument, that he shall not be charged for this debt, .because he had not assets : and in this caae, this outlawrie ought to be given in evidence, upon nothing in his hands being pleaded : and it ought not to be pleaded in barre, for by possibility the outlawrie may be reversed, and then the administrator shall be charged if he had any goods, and he vouched a case in thia Court, Trin. 27 Eliz. rot. 2954, Worley against Bradwel and Dame Manners His Wife, Administratrix to Sir Thomas Manners, and the feme pleaded outlawrie in the intestate, and the plantiff demurred generally, and it was adjudged to be no plea; and note, that the record was brought into the Court, and read accordingly. Hitcham Serjeant to the contrary, the record in Manners case was not well pleaded, for the defendant only shewed, that a capias ad aatiafaeiendum issued against the testator, and did not shew any recovery, or judgement againat him, and that was the reason of the judgement in that case, and the plantiff here ought to have demurred specially, as the case of 27 of Eliz. for otherwise he shall not have advantage of this plea: and the plea is only evil for the manner, for it is apparant that by the outlawrie of the testator all his goods are forfeit, and this is the reason of the book of 16 E. 4, 4, it is a good plea in an action of debt to plead an outlawrie in the plantiff, and to demand judgement of the action, and not judgement of the writ, for the debt is forfeit to the King by the outlawrie; Hobert, Button, and Winch, the president shewed by Attoe is not answered, for though tho 50 HILL. 20 JAC. C. P. WHfCH.59. pleading of the outlawrie is without shewing of a recovery, and judgement, yet the outlawrie is good till it is reversed ; and Button said, that in...
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