Earrl of Athol in Scotland, against The Earl of Derby

JurisdictionEngland & Wales
Judgment Date01 January 1793
Date01 January 1793
CourtCourt of the King's Bench

English Reports Citation: 83 E.R. 455

COURT OF KING'S BENCH

Earrl of Athol in Scotland, against The Earl of Derby

earl of athol in scotland, against the earl op derby. Privilege of peers in Parliament. 2 Salk. 510, 512. The Earl of Athol having a decree against the Earl of Derby for 70001. the portion of his wife, who was sister to the Earl of Derby;,upon a question touching the privilege of peers in Parliament, how long it lasted 1 the Lord Chancellor before he would grant a sequestration, sent to the Lord Hollis and other lords to be informed in this matter; who hereupon sent him two Orders of the House of Lords, the one dated the 28th of May, 1614, the other the 27th of Jan. 1628, entered in the Journal Book of the House of Lords; by which it appears that they declare their privilege commences from the teste of their writ of summons to Parliament; and that upon every session and prorogation their privilege is for twenty days before, and twenty days after each session, which the order says is time enough for them to come from all parts of the...

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6 cases
  • Lowe v George Peskett and Charles Peskett, Executors of Richard Peskett, Deceased
    • United Kingdom
    • Court of Common Pleas
    • 28 Mayo 1855
    ...day, was assets, Charles Peskett had received no (a) Woodward v. Lord Darcy, Plowd. 185; Fryer v. Gildridge, Hob. 10; Cock v. Crosse, 2 Lev. 72, 3 Keb. 116, 1 Frem. 49, pi. 59; Wankford v. Wankford, 1 Salk. 305, per Holt, C. J. (b) Per Powell, J., in Wankford v. Wankford, 1 Salk. 304. (c) 1......
  • Anonymus in B. R
    • United Kingdom
    • High Court
    • 1 Enero 1826
    ... English Reports Citation: 89 E.R. 38 THE COURTS OF KING'S BENCH AND COMMON PLEASAnonymus. In B. R case. 59. anonymus. In B. R. Semb. S. C. 2 Lev. 72. 3 Kebl. 116, Cock v. Cross. The obligee [on a joint and several bond] who is executor of the executor of one of the obligors, may sue the su......
  • Holiday and Pitt, &
    • United Kingdom
    • Court of the King's Bench
    • 1 Enero 1815
    ...redeundo after dissolution; but he is also privileged for forty days after every prorogation, and before the next appointed meeting, '2 Lev. 72. 1 Chan. Gas. 221, S. C, See, however, 1 Sid. 29. 24 TRINITY TERM, 7 GEO. II. CAS. T. HABD. 39. That by the opinion of ten of the Judges against tw......
  • Colonel Pitt's Case
    • United Kingdom
    • High Court
    • 1 Enero 1796
    ...that his privilege entitled him to a reasonable time eundo et redeundo, and that two days cannot be looked upon as such ; and cited 2 Lev. 72. Upon this a rule waa granted to shew cause. And the same term, upon shewing cause, the case was opened thus: Colonel Pitt being in custody at the su......
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