John Duvall and Elizabeth His Wife, Appellants; William Terrey of London, Merchant, Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1694 |
| Date | 01 January 1694 |
| Court | House of Lords |
English Reports Citation: 1 E.R. 11
House of Lords
15 Lds. Jo. 523.
john duvall and elizabeth his wife, Appellants; william terrey of london, merchant, Respondent [1694]. [15 Lds. Jo. 523.] court of equity where not to direct an issue. penalty relieved there. when no appeal for costs.-The Appeal was to be relieved against a Decree in Chancery: The Case was, That the Appellant Elizabeth had entred into a Bond of 14:01. Penalty, conditioned for the Payment of 72Z. on the Twentieth of April 1676. and by reason of several Promises and Delays of Payment, and insisting upon Privilege, and other like Occasions, it was not put in Suit till lately, and then the Appellants were Arrested: And upon a Declara-[16]-tion the Appellant = pleaded Payment at the Day. And after Issue joined, and Notice of Trial, upon some Discovery of a Defect in the Evidence to prove the Bond, Motion was made in the King's Bench to 'alter the Plea; which denied, a Bill was preferred in Chancery, on Suggestion that Elizabeth had never executed it, or that 'twas obtained by Fraud, and that there was no Consideration for the same; and the Respondent preferred a Bill, praying a Discovery if such Bond, &c. Upon Examination of Witnesses, and after Publication passed, the Cause was heard; and upon the Hearing 'twas ordered, That the Appellants should not be relieved, save against the Penalty of the Bond; and that it be referred to one of the Masters to compute the Principal Money and Interest due thereon, and to tax for the Respondent his Costs both at Law and in that Court; and that what should be found due for the Principal, Interest and Costs, be paid by the Appellants at such Time and Place as the Master should appoint, who computed the Principal and Interest at 154Z. and the costs at 67Z. and to be paid the Twentieth of October following. attorney pleads without direction. remedy against him.-Upon the Hearing of this Appeal, there were two Qu.ceries made 1. Whether, there being some Difference in and about the Proof of the Bond, the Court ought to have made a Decree without directing a Trial at Law upon the Validity of the Bond: But 'twas held, That the Bond...
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