Cornish and Prout against Hockin
| Jurisdiction | England & Wales |
| Judgment Date | 28 January 1853 |
| Date | 28 January 1853 |
| Court | Court of the Queen's Bench |
English Reports Citation: 118 E.R. 563
COURTS OF QUEENS BENCH, AND THE COURT OF EXCHEQUER CHAMBER.
S. C. 22 L. J. Q. B. 142; 17 Jur. 1049.
cornish AND prout against hockin. Friday, January 28th, 1853. A writ was continued, under stat. 2 & 3 W. 4, c. 39, s. 10; but the indorsement on a pluries contained an erroneous date of the first writ, and the same mistake was made on th& copy served. Afterwards stat. 15 & 16 Viet. c. 76, passed. The Statute of Limitations had run against the plaintiff, and had been pleaded. The Court permitted the indorsement on the writ to be amended, but not the indorsement on the copy served. Semble, that the amendment might have been allowed independently of stat. 15 & 16 Viet. c. 76, s. 222. [S. C. 22 L. J. Q. B. 142 ; 17 Jur. 1049.] M. Chambers, in last Michaelmas term, obtained a rule calling on the defendant to shew cause why the plaintiff should not be at liberty to amend the indorsement on the last writ issued herein on 28th May 1851, and on the copy of the said writ served on defendant, of the date of the first writ, by substituting the 13th instead of the 22d day of October 1849, [603] which latter day was inserted by mistake; and why defendant should not produce the said copy of the said writ for that purpose. (a) Lord Campbell C.J., Coleridge, and Wightman Js. Crompton J, was absent on account of a domestic calamity. 564 CORNISH V. HOOKIN 1 EL. & BL. 604. The rule was obtained on affidavits stating the following facts. The action was brought upon a promissory note for 2001., dated 23rd October 1843, purporting to be made by defendant, payable to George Bridgmati or order, and by him indorsed to plaintiffs and Francis Cornish Newman, since deceased. A writ was issued on 13th October 1849, and the process had been regularly continued, in accordance with stafc. 2 & 3 W. 4, c. 39, s. 10; except that, on the fifth writ (pluries), dated 28th May 1851, the indorsement stated, by mistake, the date of the first writ to be 22d of October 1849, instead of 13th October. The same mistake was made on the copy served on defendant. The declaration was filed on 29th July 1852 : defendant had pleaded the Statute of Limitations. Crowder and Phinn now shewed cause. This amendment is not warranted by sect. 222 of The Common Law Procedure Act, 1852, 15 & 16 Viet. c. 76, nor by the state of the law before that Act. As to the previous law. These writs were, it is true, issued properly as to time, in fact: but the indorsement is as necessary as the body of the writ to connect the action with the first issuing of process. In...
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