Denham v Stephenson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 310
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Mich. 3 Ann. B. R.
2. denham versus stephenson. [Mich. 3 Ann. B. E.] Vide ante, 40. 6 Mod, 241. Where defendant is sued as heir, the declaration need not shew coment heir, dliter in a suit by him. Holt 45. 3 D. 382, p. 10, S. C. Vide Cro. Car. 151. Plaintiff brought debt on a bond as administrator, against the defendant, as heir of his ancestor; and upon demurrer one objection was, that he did not shew coment hceres, &c., and Hob. 333, was cited. Et per Cii/r. Where H. sues as heir, he must shew his pedigree, & coment hceres, for it lies in his proper knowledge; but where one is sued as heir, he need not; for the plaintiff is a stranger, and it would be hard to compel him to set forth another's pedigree. For the principal point in this case, title Administrator, pag. 40, pi. 10.
English Reports Citation: 91 E.R. 41
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Trin. 3 Ann. B. R. & 4 Ann. in Cam. Scace.
10. denham versus stephenson. [Trin. 3 Ann. B. E. & 4 Ann. in Cam. Scacc.] Post, 301, 355. Declaration upon administration granted by the official of a peculiar, debito mode, commissa fuit, sufficient without averring that he had jurisdiction of administrations. 1 Mod. 214. 2 Jones 72. 1 Lv. 78. 3 Lev. 311. 2 Mod. 65. Aide, 38. 3 D. 382, p. 10, S. C. 6 Mod. 241. Holt 45. Cornyns 17. Willielmus Denham gen. administrator, &c. cui administratio bonorum & catallmum jur. & creditorum quce fuerunt A. B. tempore mortis suce per Thomam Crosland artium magistrum commissarium sive officwlem peculiaris & specialis jurisdictionis de, &c. legitime fukit. debito modo commissa fuit; and concludes with profert hie in Cur. litera.t, &c. and so declared in debt against the defendant as heir at law, upon the bond of his ancestor; defendant demurred generally: Mr. Eaymond argued, that the Court could not take notice that every peculiar had a right to grant administration, and that it being a jurisdiction against common right, it ought to be averred according to the precedents, cui de jure commissio administrationis in hac parts pertinet. And the debito modo commissa affirms the regularity of the manner of proceeding, not the sufficiency of the power and jurisdiction. Of this opinion was the whole Court; and Salkeld, who was ready to argue it for the plaintiff, was stopped by the Chief Justice, & quievil...
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