More against Savage
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1658 |
| Date | 01 January 1658 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 488
UPPER BENCH COURT AT WESTMINSTER
488 MICH. 22 CAR. STYLE, 8. more against savage. 22 Car. Bane. Reg. Demurrer upon an appeal. More widow brings an appeal against Savage for the death of her husband ; Savage appears and demurs to the original writ, and shews for cause, that in one part of the writ, instead of the word tune it was tuc, which made the writ incertain. To this the council of the other part answered, that it ought to he amended by the statute of 14 E. 3. arid that the writ ought not for so small a fault to be abated; but to this it was replyed, that the statute was only for the amendment of mean process, and not of original writs; for original writs were not amendable, because the party might purchase a new writ if a former were naught. In justification of the writ it was further urged, that the word tune in the writ was a meer formal word, and not of the substance of the writ: and that the writ would be good enough without it; and therefore though it were mistaken, it was not so material, as that the writ should be thereby abated: but the Court answered, that an original writ, if it be defective in form, is abatable, if it be not amendable by statute, and conceived, that here it being in an appeal, where life is in question, the writ is not amendable, though it be defective but in form, neither by the common law nor by any statute law, nor can the party purchase a new writ, adjournatur; but afterwards, viz. 9...
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