Moon against Andrewes
| Jurisdiction | England & Wales |
| Date | 1792 |
| Year | 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 282
King's Bench Division
[133] 175. moon against andrewes. Pasch. 12 Jac. Debt. Leicester. Brownlow. Administrator pleads plene administ. &c. Post. 218. 9 Co. 109. b. 1 Cr. 361. 2 Cr. 626. Moon brought an action of debt against Andrevves as an administrator, and he pleads, that another had gotten a judgment agaiust him for an hundred pounds, that he had fully administred, and that he had no goods in his hands tempore brevia originalis nee tempore judicii prsedicti, nee unquam postea prseterquarn bona & catalla non attingentia to an hundred shillings; whereupon the plaintiff demurred in law generally. My brother Winch and I were of clear opinion, that the plaintiff ought to be barred ; for though by the right form of pleading he should in such case set down in certain to what value the goods were, yet that is but form ; for if he had said, that he had goods to the value of 100 shillings, and the plaintiff had proved that he had 100 pounds, yet he had gained nothing. So the substance appears in this plea, that he had not above to satiafie the judgment. And the statute of 27 Eliz. is a favourable law and full of equity, which Judges ought to retch and not to shrink: and for the repugnancy that may seem to be, in that he pleads first pleniement adtninistra, and yet afterwards confeaseth somewhat unadministred : all the precedents are so, and the praaterquam corrects all, and the unquam postea refers not only to the next antecedent tempore judicii, but also to the time of the original before. But Warburton did a little doubt of the first point.
English Reports Citation: 80 E.R. 283
King's Bench Division
HOBART.134. ALLEN V. WALTER 283 176. allen against walter. Dower. Hertford. Summons at the church-door by the statute. Brnl. 1. 26. Allen and his wife brought a writ of dower against Walter of lands in Munden magna, & Munden parva : and Thomas Broxborue the sheriff returned pledges and summoners, and then added, that post summon, praedictam in forma prsadicta factam, he did at Munden magna, where part of the tenements lie, at the most usual door, &c. cause to be proclaimed all that was contained in the writ, although the words of the statute of 31 Eliz. be somewhat doubtful (parishes or chapela where lands lie) yet the opinion of the Court was, that the proclamation in one town was sufficient. First, in imitation of the common law, where...
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