Deane et Al v Coward

JurisdictionEngland & Wales
Judgment Date01 January 1726
Date01 January 1726
CourtCourt of Common Pleas

English Reports Citation: 125 E.R. 938

Common Pleas Division

Deane & Al'
and
Coward, (Bigg, Jun. Vouchee, de Terris in Com' Berks.)

Ante, p. 25, S. C.

Before allowance of writ of error or reversing outlawry by plea or otherwise, bail to be put in not only to answer plaintiff in Borne suit in a new action to be commenced by him for the cause mentioned in the first action, but also to satisfy the condemnation if the plaintiff shall begin his suit before the end of two terms next after allowance of error, or avoiding outlawry. Reg. Cur. 12 G. 1. A peer sued to outlawry as a common person may have a writ out of Chancery reciting that. he is a peer and that no other process shall be awarded against him than such as shall be against a peer. Lord Savill's case, Cro. Car. 205. [29] ANONYMUS. MICH. 12 GEO. I. 1725. Recognizances on outlawries. Vide Stat. 4 & 5 W. & M. c. 18. It was said by the Court, that upon or before the allowance of any writ of error, or reversing any outlawry, the defendant must still enter into a recognizance, with condition to satisfy the condemnation money, according to the stet. 31 Eliz, cap. 3, sect. 3. DOCKARY v. LAWRENCE. EAST. 12 G. I. 1725. Plea not amended in abatement. Salk. 52, 49. 5 Mod. 69. Smith v. Sundanwre, 2 Keb. 70, where amendment was said to have been denied. BORRET. A motion to amend a plea in abatement, by putting in culpabilis instead of capitalis, which appears to be only a misprision of the clerk, and two counsel heard on each side. For the plaintiff many cases were cited against amendments. The defendant's counsel cited none. Eyre Chief Justice Pleas in abatement have generally been denied to be amended, because they are dilatory and do not go to the right of the action, and it will be dangerous to make a precedent, wherefore the amendment was denied. HINGHAM V. COLLIN. EASTER, 12 GEO. I. 1726. In what time a non-prose may be signed for want of a declaration, Reg. Cur' Hil. 9 Ann. Reg. 3, Vid, Harvey v. Weston, post, p. 53 ; Pare v. Ellison, p. 83 ; Jones v. Hergest, p. 110. BORRET. On a motion to set aside a non-pros for want of a declaration, because the defendant's attorney had not called for a declaration the same term on which the writ was returnable, but bad called for a declaration, and signed a non-pros the term after : the Court were of opinion it was a good calling, and held the non-pros to be regular ; afterwards by consent it was set aside on payment of costs. [30] DEANE & AL' v. COWARD, (BIGG, JUN...

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