Denn ex dem. Mellor v Moore in Error
| Jurisdiction | England & Wales |
| Judgment Date | 17 May 1797 |
| Date | 17 May 1797 |
| Court | Exchequer |
English Reports Citation: 126 E.R. 760
IN THE EXCHEQUER CHAMBER.
See S. C. 1 Bos. & P. 558; 2 Bos. & P. 247.
in the exchequer chamber. denn ex dem. mellor v. moore in error. May 17th, 1797. [See S. C. 1 Bos. & P. 558 ; 2 Bos. & P. 247.] Where judgment for the Defendant on a special verdict, is reversed in the Exchequer Chamber, that Court on motion will give a final judgment for the Plaintiff.* Judgment on a special verdict in ejectment having been given for the Defendant in the King's Bench, and reversed in this Court, * S. C. 5 T. R. 558. 3 Anstr. 781. And see Gildart v. Gladstone, 12 East. 668. Doe d. Sriscoe v. Clarke, 2 N. R. 343, 348. 1 BOS. & PUL. 81. ANDERSON V. NOAH 761 Chambre now moved that it might be added to the judgment, that the Plaintiff do recover his term, damages and costs. He cited Philips v. Bury, Lord Rayra. 10. Carth. 181, 319, and Skinn. 514, where Holt Ch. J. said " There would be a difference where judgment was given upon demurrer, and where upon a special verdict: where it is upon a demurrer, the Courts above ought to give a judgment for the Plaintiff (if they reverse that for the Defendant), and then it is sent down, and a writ of inquiry goes, and upon that the Court below gives a final judgment (a)1; but where it is upon a verdict, there, if they reverse a judgment they ought to give the same judgment that ought to have been given at first, and that judgment ought to be sent to the...
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