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Earl of Oxford against Waterhouse

Maclean & Robinson's Appeal Cases Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 79 E.R. 1094

King's Bench Division

Smith against James

[576] case 17. smith against james. Bail cannot bring a writ of error on the principal judgment. Ante, 300. 408. 561. Cro. Jac. 384. Cro. Eliz. 155. Hob. 72. 5 Com. Dig. 291. 1 Roll. 792. A declaration that the defendant assumed the 23 December, when it appears that he assumed the 23 December to pay 23 January, is bad. Ante, 272. 282. Error of a judgment in the Court of the palace of Westminster by the principal and bail. The error assigned was as well in the principal judgment as in the execution against the bail; and it was moved by Grimston, that therefore the writ of error was not well brought.-And all the Court were of the same opinion; whereupon the writ of error was abated. They then brought several writs of error quce cm-am vobi s resident. And the error assigned by the principal was, that the declaration was ill; and upon reading the record, it appeared in his declaration, that upon 23 December, 13 Car. 1. in consideration of auch a sum of money, the defendant assumed and promised, that he, 23 January, 13 Car. 1. would pay such a sum of money to the plaintiff.-And because it appears by his own shewing, that this action was brought before there was any cause of action, the Court held, that the declaration was ill, and the judgment (although it was after verdict for the plaintiff) was erroneous, and therefore reversed. The writ of error by the bail, therefore, is not examinable, but falls of itself.

English Reports Citation: 79 E.R. 1095

King's Bench Division

Earl of Oxford against Waterhouse

cash 19. earl of oxford against waterhouse. The defendant shall have costs, if the plaintiff entered discontinuance after special verdict. Ante, 175.-2 Roll. 713. R. 689. Leon. 105. Hutt. 36. Hardres, 152. 1 Bac. Ab. 525. Garth. 87. 2 Com. Dig. 549. Error. After a special verdict and argument at the Bar, there was a discontinuance entered by the plaintiff, as it was agreed he might; and it was moved, that costs...

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