Fortune v Manucaptors of Davis
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1741 |
| Date | 01 January 1741 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 608
IN THE COURT OF KING'S BENCH
fortune versus manucaptors of davis. Hill. 2 & 3 Jac. II. Rot. 73. Incertainty in a replication makes it ill. 2 Danv. 248, p. 1. Scire facias upon a judgment obtained against Davis (the principal) to have execution against his bail, who plead executio non, &c. quia dicunt quod ante eraatia-tionem prcedieti primi brevis de scire facias, and before the issuing forth alicujus brevis of ca sa. against the principal, he (the principal) died ; & hoc, &c. The plaintiff' replied, that the principal is living, (viz.) at H. in the county of, &c. and * traversed, that he died before the issuing forth of any ca. sa. and upon a demurrer to this replication it was objected, that the plaintiff had traversed the death of the principal ante emanationem pried' brevis de ca. sa. when there was no such writ set forth by the defendants in their plea, but only a general allegation, (viz.) ante emanationem alicujus brevis de ca. sa. which is incertain ; therefore the plaintiff in his replication ought to have set forth...
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