Error
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of the King's Bench |
English Reports Citation: 86 E.R. 171
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
error. Antea 196. 1 Mod. 96. 1 Lev. 102. 3 Keb. 301. Error to reverse a judgment in debt upon a bond, given in Norwich Court, where by the custom, the plea of the defendant was, quod non dedicit factum, sed petit quod inquiratur de debito. First, it was moved to be error, for that the venire was XII. men, &c. in figures; sed non allocatur; for being in these letters XII. and not in the figures 12, it was well enough. Secondly, it was ad triandum exitum; whereas there was no issue joined, wherefore it ought to have been ad inquirend' de debito, &c. Sed non allocatur; for the precedents are as the case is here. Thirdly, the condition of the Bond was to pay at Aldborough, and that ought to have been shewn to be within the jurisdiction of the Court: sed non allocatur; for the plea here is not payment, secund' formam eonditionis, but the jury is to inquire by the custom of all manner of payments and discharges. Fourthly, in the record it was continued over to several Courts, and in the Court where the judgment is given, 'tis said in Curia prsedicta, and so incertain which ; but notwithstanding these matters, the judgment was affirmed.
English Reports Citation: 86 E.R. 171
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
anonyuus. 1 Mod. Rep. 3 Keb. 301. Show. 270. 4 Mod. 38. So held per Holt C.J. If a pariah, &c. be indicted for not repairing of a way within their precinct, they cannot plead not guilty, and give in evidence that another by prescription or tenure ought to repair it; for they are chargeable de communi jure, and if they would discharge themselves by laying it elsewhere, it must be pleaded.
English Reports Citation: 86 E.R. 75
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
1vbntbis, 108. hill. anno 22 and 23 car. ii. in b. r. 75 [108] error. Vide I Lev. 164. 2 Show. 60, 68. Cumberb. 19. An outlawry was reversed, for that the proclamations were returned to be ad comitat' meuni tent' apud such a place in com' prsedict,' and not said, pro comitatu : for anciently one sheriff had two or three counties, and might hold the Court in one county for another.
English Reports Citation: 86 E.R. 78
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
terming pasch/e, anno 23 car. II. in banco regis. Error. A judgment out of an Inferior Court was reversed, because being by default the enquiry of damages was only by two jurors, and...
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