Dence and Doble
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1724 |
| Date | 01 January 1724 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 373
IN THE COURT OF KING'S BENCH
dence and doble. Term in ejectment not enlarged, sans parties consent. The question was, whether the Court on a motion could inlarge the term in an ejectment, without the consent of the parties: and the Court agreed that it could not be granted; but Holt said, it had been sometimes done without the consent of the parties, but he never approved of it. It was then pray'd, that the proceedings might be stay'd till the costs of a former nonsuit were paid. Holt. It hath always been the rule, that the lessor of the plaintiff should pay the costs, for he hath the benefit of it; and if the same person, after a non pros, in a former action, proceeds in a second before payment of the costs of the former, they have used to stay him quousq; &c. but that is where the same person is lessor, now 374 TERMING SANCT^E TRINITATIS COMBERBACH, 111. here is another lessor. Obj. This is on the same title, and the wife claims by the devise of her husband. Answ. We can't take notice of the title...
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