Lickbarrow against Mason
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of Common Pleas |
English Reports Citation: 126 E.R. 511
IN THE COURTS OF COMMON PLEAS AND EXCHEQUER CHAMBER
2H.BL.au. LICKBARROW V. MASON 511 [211] lickbarrow and others against mason and others. In this Term, the House of Lords directed bhat a venire facias de novo should be awarded in this case. See 2 Term Rep. B. E. 63, ante, vol. i. 357. [5 T. R. 367, 687.] End of Trinity Term. In the Long Vacation, died Sir John Wilson, Knt., one of the Justices of this Court, And in the following Term, Giles Rooke, Esq., King's Serjeant, was appointed to succeed him, and was knighted. evidence, every fact which the jury could infer in favour of the party offering it, from the [210] evidence demurred to, was to be considered as admitted." It is also stated in a note subjoined to that case, that on a writ of error, the Court of Exchequer Chamber were all of opinion with the Court of King's Bench, except the Lord Chief Justice (then Mr. Baron) Eyre, but that afterwards in the House of Lords, his Lordship concurred with the other judges, in answering the following question proposed to them, in the affirmative, viz. " Whether the evidence and facts admitted, upon which that demurrer had been joined, were sufficient in law to maintain the issue for the Defendant in error 1" Now there is reason to believe that the ground upon which his Lordship agreed to the affirmative of that question was, that upon the record there was a distinct allegation of the existence of a custom in the city of London, that freemen factors should have to their own use, the farthing duty on the corn consigned to them; to which allegation, as well as to the facts offered in evidence, the demurrer was applied. This allegation therefore being admitted by the demurrer, the point to be considered was, whether such a custom were a good one: and it was upon that ground that the case seems to have been decided in the House of Lords. Upon examining that record, I find it to be in the following words : "The said Thomas Cocksedge by James Wallace, Eaquire, one of his majesty's counsel learned in the law, of the counsel of the said Thomas Cocksedge, in maintenance of the issue within joined, before the chief justice, aforesaid, insisted and said, that the city of London is, and from time whereof the memory of man is not to the contrary hath been, an ancient city, and that the citizens of the said city now are and from time whereof the memory of man is not to the contrary, have...
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