Ferrall v Shaen, Mil. & Bar
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1845 |
| Date | 01 January 1845 |
| Court | Court of the King's Bench |
English Reports Citation: 85 E.R. 399
COURT OF KING'S BENCH
[292] 44. feekall verms shaen, mil. & bab. Pasch. 21 Car. II. Regis, Rol. 371. London to wit.-Be it remembered, that heretofore, to wit, in the term of St. Hilary last past, before our lord the King at Westminster came John Ferrall Esquire, by John Read his attorney, and brought here into tho Court of our said lord the King then there his certain bill against Sir James Shaen Knight and Baronet, otherwise called Sir James Shaen, of the City of Dublin in the kingdom of Ireland, Knight and Baronet, in the custody of the marshal, &c. of a plea of debt; and there are pledges of prosecution, to wit, John Doe and Richard Roe; which said bill follows in these words, to wit; London, to wit, John Ferrall Esquire* complains of Sir James Shaen Knight and Baronet, otherwise called Sir James Shaen, of the City of Dublin in the kingdom of Ireland, Knight and Baronet, being in the custody of the marshal of the Marshalsea of our lord the King before the King himself, of a plea that he render to him six hundred pounds of lawful money of England, which he owes to, and unjustly detains from him; for this, to wit, that whereas the said Sir Jamea on the 25th day of May in the 19th year of the reign of our Lord Charlea the Second now King of England, &c. at London aforesaid, to wit, in the parish of St. Mary-le-Bow in the ward of Cheap, by his certain writing obligatory, sealed with the seal of him the said Sir James, and to the Court of our said lord the King now here shewn, the date whereof is the same clay and year, acknowledged himself to be held and firmly bound to the same John in the said six hundred pounds, to be paid to the said John when he should be thereunto required: yet the said Sir Jamea (although often required) hath not yet paid the said six hundred pounds to the same John, but to pay the same to him hath hitherto altogether refused, and still refuses, to the damage of him the said John of forty pounds; and therefore he brings suit. And now at this day, to wit, on Wednesday next after fifteen days of Easter in this same term, until which day the said Sir James had leave to imparl, and then to answer, &c. before our lord the King at Westminster, come as well the said John Ferrall by his said attorney, as the said Sir James Shaen by John Wanter his attorney; and the said Sir James defends the wrong and injury when, &c. and prays oyer of the said writing obligatory, and...
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