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Lawn against Sawbridge

Nominate Series English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1796
Date01 January 1796
CourtHigh Court

English Reports Citation: 88 E.R. 953

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER

Lawn against Sawbridge

case 207. lawk against sawbridge. If to a writ of error on a scire facias against bail, the defendant plead in nullo eM erratum, and assign the want of a scire facias for error, the plea is a confession of the error ; but the Court may award a certiorari for the information of the Court. In a writ of error out of the Court of Common Pleas, in a scire facias against bail, (a) See 1 Hawk. P. C. ch. 5. (J) By 10 Geo. 2, c. 28, no drama or other entertainment of the stage can be acted, until a true copy thereof has, under a penalty of fifty pounds, been previously sent to the Lord Chamberlain, who may prohibit the performance ; and such penalty may be recovered in a summary way, &c. (c) This ease is denied to be law, Eex v. Curl, 2 Stra. 789. 1 Bar. K. B. 29. See also Rex v. Sedley, 1 Keb. 620. 1 Sid. 168. 10 St. Tr. Ass. 93. Rex v. Woolston, 2 Stra. 834. Rex v.' mikes, 11 St. Tr. 324. (a) Hilary term, 3 Queen Anne. (b) S. C. 1 Salk. 8, says it was ruled to be a good plea ; for in the Superior Court the proceedings are de iwvo, and the Court takes no notice of the proceedings below, or of what preceded the habeas corpus, but the course is in such case to move the matter to the Court upon the habeas carpus, and the Court will grant a proc.edendo ; for though a habeas corpus be a writ of right, yet where it is to abate a rightful suit the Court may refuse it. 954 HILARY TERM, 6 QUEEN ANNE. IN B. R. 11 MOD. 144. the defendant pleaded "in nullo est erratum; " and the plaintiff assigned for error the want of a scire facias on the roll. Lutwych for the plaintiff, said, that the defendant's plea confessed the error assigned. Eyres for the defendant argued, that it is not like the case where you proceed on an original, and the want of an original is assigned for error; for then the record may be removed without the original ; but in this case...

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