Gale v Till
| 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. 767
IN THE COURT OF KING'S BENCH
CARTHBW, 282. TERM. S. THIN. 5 W. AND M. B. R. 767 g-ale versus till. 4 Mod. 244, S. C. 3 Lev. 375, 396. Judgment against an administrator was affirmed on a writ of error; he shall not pay costs. Sid. 183. 1 Cro. Aiky v. Herd. Ib. Pettash's case. Skinner 400, S. C. Comb. 228, S. C. 2 Danv. 227, p. 2. 2 Cro. 361. Hutt. 78. Latch 221. 2 Lev. 165. 3 Lev. 60. 6 Mod. 92. 1 Salk. 207. Till brought an action on the case in the Common Pleas against Gale, as administrator of T. S. and there was a verdict and judgment against him; thereupon he brought a writ of error in B. R. and there the judgment was affirmed; and now it was moved, that the administrator might pay costs upon this writ of error, because it was his own act, and lay in his own knowledge, and was brought in dilatione executionis, in which case the * statute gives double costs. But after an adjournment on Monday 27 Novemb. 1693, it was resolved, that the administrator should not pay any costs, for that he was not a...
To continue reading
Request your trial
-
Gale against Till
...such case, if they are defendants in the original action, they are liable to costa in error.-S. C. 3 Lev. 375, 396. S. C. Comb. 228. S. C. Carth. 281. S. C. Skin. 400. An administrator brought a writ of error to reverse a judgment against himself; but the judgment was affirmed. A. motion wa......
-
More v Pitt
...plea agrees in time with the declaration, he needs not traverse before and after: but the plaintiff may vary his time.-Ante, c. 219. Carth. 281. In an action of trespass, &c. the defendant justifies by a licence, &c. and in his justification agrees in time with the plaintiff's declaration. ......
-
Symonds v Cudmore
...cited in * Smith and Slapleton's case, which the Chief Justice held to be good law, but the other three justices doubted. * Plow. Com. CARTHEW. 281. TERM. S. HILL. 4 W. AND M. B. R. 755 And Holt Chief Justice put these cases, (viz.) If tenant for life, and he in reversion in fee join in a f......