Cork v Baker

JurisdictionEngland & Wales
CourtCourt of Common Pleas
Judgment Date01 January 1717

English Reports Citation: 125 E.R. 927

Common Pleas Division

Cork
and
Baker

1 Strange, 63, S. C.

lead the uses of the recoveries, the Court made a rule that the new write should pass the alienation and the several offices in this Court without fine or fee. HEATLEY versus PYOTT AND HIS WIFE. TRIN. 3 GEO. I. 1717. Motion to set aside a fine. 1 Vent. 30. 3 Lev. 36. BORRET. A motion to set aside a fine upon the wife's affidavit, and upon her examination in open Court, and of the witnesses to the deeds, who all declared they never saw the wife execute the deeds, and upon examination of one of the commissioners upon oath in open Court, who confessed that the wife did not acknowledge the fine, hut alledged his ignorance of the law ; and the other commissioner absconding; and likewise upon examination of the plaintiff and several other persons, and upon reading many affidavits, the Court granted an attachment against Pyott the husband and Wood one of the commissioners, being satisfied the wife never acknowledged the fine ; and after much debate they ordered the matter to be tried upon a feigned issue, upon which a verdict being found that the wife did not acknowledge the fine, it was afterwards by rule of Court vacated as to the wife only. STEWARD versus HARDING. MICH. 4 GEO. I. 1717. [PRAC. REG. 121, S. C.] What time the plaintiff has to declare. Regula Cur' Mich. 1654, sec. 14, Hill. 9 Ann. reg. 3. A motion to set aside a judgment because the declaration was not left in the office till just before the essoin day of the third term. On [13] hearing counsel of both sides and upon report of all the prothonotaries, the Court were of opinion, that notwithstanding the rule of Court seemed to be doubtful, yet where the defendant does not speed the plaintiff to declare sooner by giving a rule for that purpose at the end of the second term, the plaintiff shall have till the essoin day of the third term to deliver or file his declaration. [N.B. Process sued out and served on defendant 24th April, returnable 6th May, the 3rd was essoin day of Easter term. Plaintiff took no steps till 11th November, nd then delivered declaration with notice to plead in four days. Appearance entered for defendant on 16th November. Plaintiff signed judgment on 26th, and gave notice of executing writ of inquiry which was done. On motion to set aside judgment and inquisition first on irregularity of the return of the writ, but chiefly as plaintiff bad not declared before the essoin...

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