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Goodricke, Bart., Assignee of the Sheriff of Staffordshire, v Turley

Nominate Series English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1835
Date01 January 1835
CourtExchequer

English Reports Citation: 150 E.R. 270

EXCHEQUER OF PLEAS.

Goodricke, Bart., Assignee of the Sheriff of Staffordshire
and
Turley

S. C. 1 Tyr. & G. 146.

[636] goodriuke, bart., Assignee of the Sheriff of Staffordshire, v. turley. Exch. of Pleas. t835.-In the Exchequer, if bail have been once rejected, a deposit must be made for costs before the second set of bail justify, in the case of country as well as town bail.-It is no objection that bail has been already rejected, unless it appear that he was rejected on the merits. [S. C. 1 Tyr. & G. 146.] Archbold moved to justify bail by affidavit. J. Jervis claimed a deposit for costs, the bail having been rejected twice before. He referred to Smith v. (Joojter's A.wiynees (1 C. & J. 460). Arch hold referred to the rule in the King's Bench (Hil. 1822), and contended, upon the word "appear," that it applied oidy to bail in person, for which he cited Henderson v. Dowling (Archb. Pract. (ed. 1834) 171, note (b)). The Master certified, that, by the practice of this Court, a deposit was necessary in the case of country bail as well as town bail; and () A similar decision was pronounced on a subsequent day in another case of Rock v. Johntam ; the only difference being, that there a second affidavit, but a defective one, was put on the Middlesex file. And see also...

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