John Conier's Case
Jurisdiction | England & Wales |
Judgment Date | 01 January 1794 |
Date | 01 January 1794 |
Court | Court of the King's Bench |
English Reports Citation: 73 E.R. 664
King's Bench Division
stanley's case. Coverture of the feme after the murder of her former husband, bars her appeal. [Keiyng, 92, 93. aHawk. (20) One Stanley, prisoner in Newgate, was indicted for the f'co. 463' lta.n3t"H.871, c. murder of I. S., and thereupon was arraigned, and pleaded not h eDii ^' g3H 751i'q b* Sa^y al}d was found guilty : and immediately the wife of I. S. 17 Ass, i. le e. i, 11 a! entered an appeal of the death; to which defendant pleaded by 'ò LaH2i6'E284b739iF n' counsel) that the plaintiff, after the death of the husband, had taken o. .445. stamf. Corone, another husband (without shewing his name) at Exeter : which was Dy' 8' a foreign plea, to which the plaintiff did not reply ; and so the That a way by prescription, by unity of possession is extinct. [See Cro. Eliz. 300.] Day and Brake's case, 3. Jac. B. R. [cited Palm. 446. and in Noy, 84. as Drew and Prake'x case. See Drake v. Doi/lie, Noy, 14.] Rot. 124, Sumj and Piyat's case. Unity, because it is not of necessity, Hil. 1. Car. B. E. Eot. 124. Surry and Pigott's cane, unity of possession does not extinguish a watercourse : which see argued at large, M. 2. Car. B. R. [W. Jon. 145. Lat. 153. Palm. 444. Noy, 84. Poph. 166. 3. Bulatr. 339.] (20) Hil. 35. Ed. 3. Eot. 71. Q Oedl Day's case, that nfewa covert shall not have appeal. 3DYER.2M1J. 12 AND 13 QUEEN ELIZABETH 665 matter rested for a year. And afterwards, by r,ertiorari, the indictment and all proceedings upon it were removed into B. E., and the prisoner also. And now this Term he was brought into B. E., and being asked why judgment should not be given upon the said verdict, pleaded all the matter above, and that the appeal is yet pending; to which the Queen's attorney pleaded nul tiel record: and 21 ass. 4. 45 e. s, 25 a. no continuance of the appeal had been after the said foreign plea n H' Ul 8 ''ò pleaded, which is more than a year ago ; and so the record certified : yiuere what shall be done 1 And afterwards, in this Term, the wife was nonsuited in her appeal; wherefore judgment was given that 22 e. 4,10. 21 n. e. 29 Stanley should be hanged by the neck upon the indictment and " trial above.
English Reports Citation: 73 E.R. 665
King's Bench Division
john conier's case. Knowingly to receive the maker of false coin, is not treason, but niisprision of treason. (21) Memorandum, That John Coniers, Gentleman, was indicted [Jenk. cent, r,, c. w.}...
To continue reading
Request your trial