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Lapdall against Hart

Nominate Series English Reports Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1794
Date01 January 1794
CourtCourt of the King's Bench

English Reports Citation: 89 E.R. 412

IN THE COURTS OF KING'S BENCH

Lapdall against Hart

case 13. lapdall against hart. Trinity Term, Jac. 2, Roll 953. An assumpsit, omitting the defendant's name. Qu. If aided by a verdict. Case on a promise. After verdict, it was urged that it was super se assumpsit, and doth not say who; and there was cited the case of Oxford v. Rivet. Cro. Car. 79, 93 : in scire facias against an administrator; plea, that she was only administrator durante minort (state, and had fully administered ; replication, quod devastavit, and issue thereon, and found for the plaintiff: and held that no issue was joined; and ill in [8] the replication, not saying who did waste. Adjornatwr. (a) In S. C. Carth. 29, it is said that the declaration was held good, and judgment, on demurrer, given for the plaintiff. (a) If lights be stopped by the erection of buildings on a man's own soil against the windows of another, it must be averred they were ancient; for otherwise he has a right to build upon his own soil, Cro. Eliz. 118. 1 Lev. 122. 1 Vent. 239. 6 Mod. 216. 20 Viner 8. 2 Ld. Ray. 1093; but as against a wrong doer stating a bare possession is sufficient. 1 Vent. 237. 3 Keb. 133. 20 Viner 11. 1 Ld. Ray. 392. But see the case of Rider v. Smith, Trinity, 30 Geo. 3. 3 Term Rep. 766; and Clarke v. King, 3 Term Rep. 147.

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