Jackson and Crisp against The Mayor of Berwick
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 86 E.R. 713
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
case 89. jackson and crisp against the mayor of berwick. Trinity Term, 20 Car. 2, Roll In covenant on lease dated at York, of lands in Berwick, and issue joined on a breach assigned in Berwick, the plaintiff, on a suggestion that Berwick is in Scotland, may change the venue to the next adjoining English county.-S. C. 1 Sid. 381, 462. S. C. 1 Lev. 252. S. C. 1 Vent. 58, 90. S. C. Raym. 173. S. C. 2 Keb. 391, 414, 602. Post, 64, 68, 199. 6 Co. 46. 1 Saund. 247. 2 Mod. 10. Vaugh. 395. 2 Saund. 193. Raym. 206. 1 Lev. 291. 12 Mod. 7. 8 Mod. 374. 10 Mod. 30, 325. 6 Mod. 194. 1 Ld. Ray. 331, 581. 2 Ld. Ray. 1214, 1408, 1418. 1 Salk. 183. 1 Stra. 418, 553, 630, 704. 2 Stra. 954. 3 Burr. 1330. 1 Com. Dig. "Action" (N. 12). Cowp. 178, 409, 510. Rex v. Amory, 1 Term Rep. 363. 3 Term Rep. 387. An action of covenant is brought against the Mayor, Burgesses, and Corporation òof Berwick upon an indenture of demise, wherein the plaintiffs declare, that the defendants did demise to them a house in Berwick with a covenant, that the plaintiffs should enjoy the same without interruption by them, or any other person or persons [37] whatsoever; and alleclge, that a stranger claiming a title did make an entry upon them, and kept them out of possession. The defendants plead a local plea: to tuit, that the said stranger did not enter upon the plaintiffs, &c.; upon which issue is joined. The plaintiffs then make a suggestion, and pray a venire facias into the next county : upon which there is a trial. Jones conceived this to be a mis-trial, and that the venire ought to have been de vicineto of the castle of York, where the covenant is alledged to have been made.- (a) It is said 2 Keb. 601, that judgment on demurrer was given for the plaintiff, And see Litt. 312. Comyn's Dig. "Arbitrament," (I. 2) and (I. 5). Kyd on Awards, page 198, and 1 Burr. Rep. 280. K. B. xv.-23* 714 HILARY TERM, 21 AND 22 CAR. 2. IN B. R. 1 MOD. 38. First, this fault is not aided by any of the Statutes of Jeofails; not by the last and greatest of all : that aids where the venire/arias is awarded from another place than it ought to be, but not when awarded from another county (a); which is my exception. That, at the common law, this venire facias is not well awarded, I rely upon Dowdale's case, 6 Co. 46. If an action be brought upon a matter done out of...
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