Kemp and Grubb, who, Company against Laskey, Wye and Others, claiming the property of several Fustians and other Goods, seized by Kemp and Grubb
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1749 |
| Date | 01 January 1749 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 723
IN THE COURT OF EXCHEQUER
eastur term, 22 gko. 2, 1749. kemp and grubb, who, &c. wjaimt laskkv, wye and others, claiming the property of several Fustians and other Goods, seined by Kemp and Grubb.- The act 14 Geo. 2, c. 17, for judgment as in case of a nonsuit, does not extend to an information for the King and party. An order having been made at the sittings after last term, upon Mr. Starkie's motion, that the attorney-general should shew cause why the like judgment should not be given in this information, as in case of a nonsuit in an action ; and why the defendants should [93] not have a writ of delivery for delay of prosecution, the former part of the order being grounded upon the act of the 14th of His present Majesty, c. 17, and the latter part on the act of the 14 Car. 2, c, 11, s. 30. Cause was accordingly shewn. And on debate by counsel on bath sides, I and brother Clarke ooly in court, discharged the order: for the inconvenience recited in 14th Geo. 2 is between party and party, and the issue is to be joined in any action or suit: and we thought an information for the King and party distinguishable from an action ; for in iueh an information the subsequent proceedings are in the name of the attorney-general, but...
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