Cox against St. Albans
| Jurisdiction | England & Wales |
| Year | 1796 |
| Date | 1796 |
| Court | High Court |
English Reports Citation: 86 E.R. 748
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
[81] case 44. Cox against st. albans. Prohibition shall not go to an Inferior Court, although the cause of action arose out of the jurisdiction, unless that matter has been tendered as a plea before imparlance, and refused.-S. C. 1 Vent. 180, 333. S. C. 2 Keb. 853. Ante, 63. Post, 273. 2 Inst. 230. 1 Vent. 88. Vaugh. 405. Raym. 189. 1 Sid. 151. 2 Mod. 272. 9 Mod. 95. 10 Mod. 166. Fitzg. 82, 314. '2 Vern. 484. 1 Peer. Wins. 43, 476. 2 Ld. Eay. 885. 1 Salk. 202. 2 Com. Dig. "Courts" (p. 15). Cowp. 166. Dougl. 378. 1 Term Rep. 552. 3 Term Rep. 315. A prohibition was prayed for to the City of London, because the defendant had offered a plea to the jurisdiction sworn, and it had been refused. Hale, Chief Justice. In transitory actions, if they will plead a matter that aiiseth out of the jurisdiction, and swear it before imparlance, and it be refused, a prohibition shall go. There was a case in which it was adjudged, first, that upon a bare surmise that the matter ariseth out of the jurisdiction, the Court will not grant a prohibition. Secondly, it must be pleaded, and the plea sworn, and it must come in before imparlance. If all this were done, we would grant a prohibition here. It was also agreed in that case, that the party should never be received to assign for error, that it was out of the jurisdiction ; but it must be pleaded. Twiadan, Justice. So in this Court, when there is a plea to the jurisdiction, as that it is within a County Palatine, they plead it before imparlance, and swear their plea.
English Reports Citation: 86 E.R. 749
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
case 46. hall against clarke. The acts of a Court must be in the present tense, but those of the party may be in the lireterpei-fect.-% Keb. 846, 861. 2 Saund. 393. 1 Stra. 608. Ld. Kay. 1347. Cowp. 29. A writ of error of a...
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