Martyn v Podger and Others
| Jurisdiction | England & Wales |
| Judgment Date | 23 May 1770 |
| Date | 23 May 1770 |
| Court | Court of the King's Bench |
English Reports Citation: 98 E.R. 384
IN THE COURT OF KING'S BENCH
[2631] martyn ver. podger and others. Wednesday, May 23d, 1770. If defendants justify under a fieri facias, they must produce and prove a copy of the judgment. This case stood in the civil paper of Tuesday 15th May 1770, for argument; and was then argued by Serjeant Heath, for the plaintiff, and Mr. Mansfield for the defendant, upon the single question "whether it was necessary for the defendants, who justified under a fieri facias, to produce and prove a copy of the judgment upon which the writ was grounded." The case stated, for the opinion of the Court, was in the following words- John Martyn, plaintiff, against John Podger, Samuel Sherland, and Edward Manley, defendants. (S. C. 2 131. 701.) Devonshire, ss.-This was an action of trespass brought against the defendants, for seizing, taking, and carrying away clivers goods and chattels of the plaintiff, particularly mentioned in the declaration, and for converting and disposing thereof to their own use ; to plaintiff's damage £100. To this declaration, the defendants pleaded " not guilty : " and upon the trial of the issue, the following facts were proved. That the several goods and chattels mentioned in the declaration had been the goods and chattels of William Martyn, the son of the plaintiff. That the said William Martyn, on the '20th of June 1768, having made a bill of sale of all his household goods, to the plaintiff, his father, amongst which, were the goods and chattels mentioned in the declaration, (which bill of sale was fraudulent against creditors,) was arrested on the 19th of July 1768, at the suit of one Henry Bryant, for a debt of £31, 10s. and carried to gaol, on the said arrest. That the defendants produced in evidence, upon this trial, a writ of fieri facias issued out of this Court, on the 27th of July 1768, against the said William Martyn at the suit of Hugh Pullin, directed to the Sheriff of Devonshire, commanding him to cause to be made, of the goods arid chattels of the said William Martyn, in his [2632] bailiwick, as well a debt of £320, which the said Hugh Pullin had recovered against the said William Martyn, as also sixty-three shillings, which had been adjudged to the said Hugh Pullin for his damages which he had sustained as well by occasion of the detaining that debt, as for all his costs and charges by him about his suit in that behalf expended, whereof the said...
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