Eastcourt against Cope
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 485
IN THE KING'S BENCH.
case 3. eastcourt against cope. Hilary Term, 17 Jac. 1. Eoll 941. A declaration in debt on a judgment need not recite the whole record. Ante, 46. Cowp. 665. 727. Dougl. 667. Debt for one hundred and twenty-seven pounds, reciting, whereas he recovered against the defendant in this Court the sum of one hundred and twenty-seven pounds, that the defendant had not paid it; per quod actio accrevit, &c. It was thereupon demurred, because he doth not declare upon the entire record, but begins with the judgment: for it was objected, that inasmuch as this action is founded upon the record, he ought to shew all the record; for "nitl del record" is a good plea, which plea is taken from him by this short recital of the record : but where the record is but a conveyance to the action, then this short mentioning, qubd renuperasset, sufficath; as in debt upon deceit, or action for forging a writ...
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