Huggins v Wiseman

JurisdictionEngland & Wales
Judgment Date01 January 1741
Date01 January 1741
CourtCourt of the King's Bench

English Reports Citation: 90 E.R. 669

IN THE COURT OF KING'S BENCH

Huggins
and
Wiseman

huggins versus wiseman. Where infancy was pleaded,' and the plaintiff replied, that it was for necessaries generally, such replication is good. 2 Danv. 769, pi. 11. Cro. Jac. 560. 2 Roll. Rep. 144. Palm. 361. Cro. Eliz. 583. Gouls. 168. Godb. 219. 1 Leon. 114. Cart. 215. Assumpsit for labour and medicines in curing the defendant of a distemper, &c who pleaded infra oetatem viginti & unius aunorum ; the plaintiff replied it was for necessaries generally ; and upon a demurrer to this [111] replication it was objected, that the plaintiff had not assigned in certain, how or in what manner the medicines were necessary ; but it was adjudged, that the replication in this general form was good. The plaintiff had judgment.

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6 cases
  • Taylor, ex dimiss. Atkyns, Esq. v Horde, Esq. et Al
    • United Kingdom
    • Court of the King's Bench
    • 25 January 1757
    ...ejectment. The possession only was transferred to him; not the freehold : and this was a mere naked possession ; an accidental possession. Carthew, 110, proves that the remainders were not discontinued for want of tenant to the freehold. Dame Ann was never out of possession of the freehold.......
  • Lyon v Reed
    • United Kingdom
    • Exchequer
    • 6 July 1844
    ...stranger, this is a surrender," and says he believes it is not law: and the contrary was expressly decided in the case of Swift v. Heath (Carthew, 110), where it was held, that the consent of the tenant for life to the remainderman making a feoffment to a stranger, did riot amount to a surr......
  • Nickells v Atherstone
    • United Kingdom
    • Court of the Queen's Bench
    • 12 June 1847
    ...and rightly, by Lyon v. Reed (13 M. & W. 285, 305-310). (a) May 25th. Before Lord Denman C.J., Patteson, Wightman, and Erie Js. (c) Carthew, 110. See Bro. Ab. tit. Surrender, pi. 48. 360 &ICKELLS V. ATHER8TONE loQ. B. 949. Cur. adv. vult. Lord Denman C.J. now delivered judgment. In this cas......
  • Procter against Burdet
    • United Kingdom
    • High Court
    • 1 January 1793
    ...is sufficient.-S. C. 3 Lev. 170. Yelv. 39. 1 Sid. 30. Ray. 14. 3 Lev. 170,319. 4 Mod. 188. Lutw. 329. 1 Show. 252. Cro. Jac. 202, 486. Carth, 110, 125. 2 Mod. 138. 10 Mod. 227, 443. 11 Mod. 78, 133. 12 Mod. 327, 406. Stra. 208, 229, 231. 4 Bac. Abr. 17. 1 Ld. Ray. 106, 968, 1140. Comyns, 89......
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