Church v Jason, Bart
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1733 |
| Date | 01 January 1733 |
| Court | Court of Common Pleas |
English Reports Citation: 125 E.R. 977
Common Pleas Division
Prac. Reg. 322. Barnes, 241, S. C.
but denied ; for the Court bath constantly denied such motions for changing the venue into a County Palatine. CHURCH versus JASON, BART. TRIN. 6 & 7 GEO. II. 1733. [PRAC. REG. 322. BARNES, 241, S. C.] Motion to set aside judgment, the alias diet' being in Latin, as in the bond, but denied. COOKE. A motion to stay judgment in an action of debt on a bond, the declaration being in English, but the alias diet. in Latin, as in the bond ; and a rule nisi was granted ; upon showing cause it was insisted for the plaintiff that the alias diet' is a necessary description of the person that entered into the bond, and as there might probably be some variance between his description therein and the addition in the declaration, the declaration would not be good without it; the Court held it was a good declaration, and therefore discharged the rule to show cause. Nota ; The Court seemed to think that it was not material whether the alias diet' were inserted or not, and that if an...
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