Lord Mohun's Case

JurisdictionEngland & Wales
Judgment Date01 January 1795
Date01 January 1795
CourtCourt of the King's Bench

English Reports Citation: 87 E.R. 819

IN THE COURT OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.

Lord Mohun's Case

case 73. bubeidge against fortescue. Of staying proceedings upon payment of principal, &c. Per Curiam. In debt upon a judgment the Court will not stay proceedings on motion upon payment of principal, interest, and costs, as they will upon debt on bond; and in that case it is an equitable motion to be relieved against the penalty; and therefore whatever costs the plaintiff has been in any wise put to, shall be allowed him (a).

English Reports Citation: 91 E.R. 96

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

Lord Mohun's Case

Mich. 9 Will. 3, B. R.

5. lord mohun's case. [Mich. 9 Will. 3, B. E.] H. found guilty of murder by the coroner's inquest, bailable; otherwise if indicted. 1 Bulst. 85. 3 Bulst. 113. 1 Roll. Eep. 268. 1 Sid. 316. Skin. 683, S. C. Holt 84. If a man be found guilty of murder by the coroner's inquest, we sometimes bail him, because the coroner proceeds upon depositions taken in writing which we may look into. Otherwise, if a man be found guilty of murder by a grand jury; because the Court cannot take notice of their evidence, which they by their oath are bound to conceal. Etper Cur. There is no difference between peers and commoners as to bail (a). (a) Bex v. Arlon, 2 Str. 831. The defendant, as keeper of a prison, had been tried, and acquitted on full evidence and to general satisfaction on four indictments for murder charged to be committed by confining prisoners in an improper place. He was committed by a justice of peace to answer a fifth charge, and moved to be admitted to bail on producing copies of the informations...

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2 cases
  • Sinanan et Al v The State
    • Trinidad & Tobago
    • Court of Appeal (Trinidad and Tobago)
    • 1 April 1992
    ... ... In the case of the Sinanans they were indicted jointly for the same offence. All of them were found guilty of ... See in this connection R. v. Mohun (Lord) 91 E.R. 96 ... 34 R. v. Baronet ... ...
  • Executors of MARTIN v Heir and Ter-tenants of M'CAUSLAND
    • Ireland
    • Court of Common Pleas (Ireland)
    • 9 May 1840
    ...R. N. S. 9. White V. White 6 Law Rec. N. S. 397. Blackamore's Case 8 Coke, Part 8. Dunbar V. HitchcockENR 5 Taun. 820. Lord Mohun's CaseENR 6 Mod. 59. Flower V. Lord BolingbrokeENR 1 Strange, 639. PRACTICE — ENROLLING OLD JUDGMENT. EASTER TERM, THIRD VICTORIA. 201 who was gone to America. O......

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