Dring against Respass
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 364
COURT OF KING'S BENCH
[193] dring against eespass. An ill traverse, that the Court was held eoram majore according to custom. S. C. 1 Sid. 229, 302. (2 Sid. 40.) 2 Keb. 107, 251, 122, 125, 152, 160. Debt, and declares on a judgment obtained the first of May, in the 14th of the now King, before the Mayor and Bailiff's of Norwich, at a Court then held according to the custom of the city aforesaid. The defendant pleads, that the Court there according to the custom, &c. ia held before the mayor, absque hoc that he recovered at the Court held the said first of May, before the mayor and bailiffs, according to the custom aforesaid : whereupon the plaintiff demurs, and it was argued for him, that the traverse was ill in traversing a matter of record, which is not to be tried per pais. And also in joining the matter of the custom with that which is matter triable per pais; but he might have pleaded nul tiel record, which would have made an end of all; or that there was not any such custom, and have tried it per pais: but on the other side were cited Hob. 244. Hutt. 20, 21, and issue and verdict, and judgment. But Kelynge, Twysden and Moreton, held it ill, it being on demurrer, otherwise if after verdict, as the cases cited are. But Wyndham held that it could not be good here, because by this traverse he had made the day parcel of the issue, and the other Judges agreed with him, that that was a fault. But as to an exception taken to the declaration, viz. that it was not good, because he declares as administrator on letters granted by the archdeacon, and does not say Ordinary of thai...
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