Delves qui tam against Strange
| Jurisdiction | England & Wales |
| Judgment Date | 04 February 1795 |
| Date | 04 February 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 487
IN THE COURT OF KING'S BENCH.
delves qui tam against strange. Wednesday, Feb. 4th, 1795. A plaintiff in a qui tarn writ cannot declare by-the-bye in his own name before he has declared in chief. The plaintiff having sued out a writ qui tarn, and declared against the defendant in his own name only ; Erskine on the part of defendant, obtained a rule calling on the plaintiff to shew cause why the proceedings should not be set aside for irregularity, on the ground that the plaintiff was not at liberty to deliver a declaration by-the-bye until he had declared in chief. Garrow shewed cause against the rule; contending that it was as competent to the plaintiff as to any other person to deliver a declaration by-the-bye against the defendant; and it did not follow from the proceedings that the plaintiff had already taken but that he would still deliver a declaration qui tarn. If a declaration qui tarn had been first delivered, there is no doubt but that this proceeding would have been regular : and if so there is no reason why the plaintiff may not deliver this declaration in the first instance without going through the ceremofay of declaring...
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