Jeffery against White
| Jurisdiction | England & Wales |
| Judgment Date | 21 November 1780 |
| Date | 21 November 1780 |
| Court | Court of the King's Bench |
English Reports Citation: 99 E.R. 304
IN THE COURT OF KING'S BENCH
jeffery against white. Tuesday, 21st Nov. 1780. If oyer is granted of any instrument of record, and it is set forth, although the party was not intitled to such oyer, yet he shall be thereby intitled to take the whole instrument as part of his adversary's plea. Trespass for taking cattle; plea, that they were taken damage feaaant; replication, a right of common; rejoinder, stating, by way of inducement, part of a private Act of Parliament for inclosing the common, and an allotment, by the commissioners, of the locus in quo to the defendant, and traversing the right of common; oyer prayed of the Act, and granted ; the whole Act set forth ; and then, demurrer to the rejoinder; and cause assigned, that it was not shewn by the rejoinder that the allotment had been made according to the directions of the Act as set forth ; joinder in demurrer. Bower, for the plaintiff.-Lawrence, for the defendant. For the defendant, it was argued, that a party is not entitled to oyer of Acts of Parliament, and that it cannot be granted, because they are not in the power of the Court; and, for a similar reason, the party who relies upon them, cannot make profert, because he has them not to produce. That the plaintiff ought to have pleaded the record of [477] the Act, in a sur-rejoinder, and thereby have given the defendant an opportunity...
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Sim v Edmands
...had gone to a judge at Chambers, as you suggest, the judge would only have done what we must now do.] The case of Jeffery v. White, 2 Dougl. 476, is to a certain extent in point. That was an action of trespass for taking cattle, to which the defendant pleaded that they were taken damage fea......
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The Queen v O'Callaghan
...O'CALLAGHAN. Birch v. Blenner 8 Ir. Law Rep. 396. The Queen v. Daly 1 Ir. Law. Rep. 381. Chamber's caseENR Poph. 202. Jeffery v. WhiteENR 2 Doug. 476. Jevens v. HarridgeENR 1 Saund. 86, 6th ed. 506 CASES AT LAW. T. T. 1848. E*ch.cf Pleas. THE QUEEN v. O'CALLAGHAN. June 16. To a scire fa. Ta......