Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Cort against Jacques

Judgment Nominate Series Cited in 5 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date26 November 1798
Date26 November 1798
CourtCourt of the King's Bench

English Reports Citation: 101 E.R. 1276

IN THE COURT OF KING'S BENCH.

Cort against Jacques

1276 CORT V. JACQUES ST.R.77. [77] cort against jacques. Monday, Nov. 26th, 1798. Where the declaration filed in the office before defendant's appearance was indorsed filed conditionally and judgment afterwards signed for want of a plea, the Court held it regular, though the notice served on the defendant was of a declaration generally. Interlocutory judgment having been signed in this case for want of a plea, Conste obtained a rule nisi for setting aside that judgment, and all subsequent proceedings for irregularity, because the notice served on the defendant was of a declaration generally on the 6th of November (being the return-day of the writ) before any appearance entered, instead of a notice of a declaration de bene esse. And he cited Cook v. Eaven (a)1, to shew that a demand of a plea before the defendant has appeared, or the plaintiff has filed common bail for him, is a mere nullity. So this, which was in effect a notice of a declaration in chief before appearance, was a nullity also, and therefore the defendant was not bound to plead to it. In Smith v. Painter (b)1 it was holden that the plaintiff may deliver a declaration against the defendant conditionally before the time for his appearing was past, and file common bail for him ; but that...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT