Foster against Burden
Jurisdiction | England & Wales |
Judgment Date | 01 January 1796 |
Date | 01 January 1796 |
Court | High Court |
English Reports Citation: 88 E.R. 1028
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER
case 331. memorandum. Holt, Chief Justice, being sick, could not attend this term, except one day, which was Thnrsday, the ninth of February. case 332. bishop against eagle. The difference where you proceed in prohibition for damages, and when to maintain the jurisdiction of the Common-Law Courts.-S. C. ante, 186. S. C. 10 Mod. 22. The plaintiff declared upon a prohibition ; and upon demurrer to the declaration, Salkeld took exception to it, because the declaration set forth, that the defendant sued in the Spiritual Court, post regiam prohibtiimem ei prius inde in contrarium direct. but does not say " deliberat. ; " and here appears no cause of action, since it is not set forth that the prohibition was delivered. 11 MOD. 264. HILARY TERM, 8 QUEEN ANNE. IN B. R. 1029 This matter was moved last term ; And this term the Court was of opinion, Holt, Chief Justice, being absent, that when you proceed...
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