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Myers v Taylor

Maclean & Robinson's Appeal Cases English Reports Cited authorities 5 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date16 October 1826
Date16 October 1826
CourtHigh Court

English Reports Citation: 171 E.R. 1064

IN THE COURTS OF KING'S BENCH AND COMMON PLEAS

Myers
and
Taylor

S. C. 2 C. & P. 306

Guildhall, Oct. 16, L826 myers v taylor. (A plea puift darrein continuance may be put in at Nisi Prius upon paper ) [S. C 2 C. & P. 306 ] In this case Chitty, for the defendant, put in a plea pins danein continuance on paper. Platt for the plaintiff objected that it should be on parchment , that it was a record of the Court, and as such should be on parchment [405] Chitty mentioned a case at Nisi Prius where the plea was received on paper, and it was said, that the officer would transcribe it on the Nisi Prius record. Scarlett amicus curce- said it was unnecessary to put in the plea on parchment The defendant comes at Nisi Prius, and says that a particular fact has happened since the last continuance . this used formerly to be done ore tenua, and the officer put it on record the defendant's putting it on parchment is nothing Abbott Ld C J was at first inclined to reject the plea, but afterwards he received it, observing that it was the duty of the associate to transcribe the plea oil the Nisi Prms record. No motion was afterwards made to set the plea aside, but the plaintiff replied to it*2 Platt for the plaintiff Chitty for the defendant. *x In Hansard v Robinson, sittings after Michaelmas Term, 1826, which was also an action by the indorsee against the acceptor of a bill lost after it became due, Campbell and Patteson, for the defendant, objected that the action could not be supported without production of the bill , that the only remedy was in equity , and they cited Pierson v Hutchmson, 2 Campb 2f I , Dams v Dodd, 4 Taunt 602 , and Pools v. Smith, Holt, N. P. C 144. For the plaintiff, Gurney and Chitty...

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