Murray v Wilson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 788
OURT OF KING'S BENCH
murray tiers. wilson. The defendant in an action in an Inferior Court may avail himself of the judgment of that Court, without shewing that the Court was rightly holden, or had jurisdiction. In the declaration, in an action for the costs of an action in an Inferior Court, wherein there was judgment of nonpross, it was alledged, that the Inferior Court had been holden from time beyond memory; and that at a Court holden before a certain person, and at a certain place, judgment of nonpross was given in an action upon a promissory note. Upon a demurrer to this declaration, it was objected ; that the right of holding the Court before the person, and at the place mentioned in the declaration, is not shewn; and that it does not appear, that the cause of action arose within the jurisdiction of the Court. The declaration was holden to be good. And by Lee Ch.J.-It is laid down, in divers cases which have been cited; that if the plaintiff in an action in an Inferior Court plead a judgment in that action, he must shew the right of holding the Court, and that the cause of action arose within its jurisdiction : but it is in no case laid down ; that it is incumbent upon the defendant in an action in an...
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