Newton and Richardson
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 254
IN THE COURT OF KING'S BENCH
12. newton and richardson. Scire facias was brought against an administrator, upon a judgment against an executor; he pleads, plene adminiatravit the day of the writ purchased; upon which the plaintiff demurred, for in such case he ought to plead reins enter mains, at the time of the death of the testator; but if he had joined issue, this had been a waiver of the advantage of it; and Holt Chief Justice cited the case of Harcourf and IVrenham, Moor 858, and Ordway and Godfry's case, 3 Cr. 575, and though some cases in Keble, and the Office of Executors were cited, the Court ruled the case ut supra, and did not regard the cases in Keble, but demanded other...
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Underhill v Devereux
...Cro. Eliz. 575, Ordway v. Godfrey. All. 47, 48, Petchet v. Woolston. Co. Ent. 617. 1 Salk. 296, Newton v. Richards. S. C. Comb. 298. Skin. 565. 4 Mod. 296. But this seems questionable ; and indeed Lord Holt said, in the above case of Newton v. Richards, that precedents prevailed with him mo......
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Smith v Harmon
...in bar. Mod. Cases 142. 1 Keb. 55, 310, 477. 3 Keb. 160. 2 Keb. 548. Far. 64, 65. Bay. 16, 55. 1 Sid. 131, Ante, 8, 42. 6 Mod. 142. Skin. 565. The plaintiff as administrator to J. S. sued a scire facias against the defendant, setting forth that his intestate sued the defendant as executor i......
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Mason v Cutterson
...AND COMMON PLEAS Richards and ers. Newton richards vers. newton. Intr. Pasch. 6 Will. & Mar. B. R. Rot. 97. S. C. Comb. 298. Salk. 296. Skin. 565. òGeneral plene administravit to a scire facias, upon a judgment had upon special demurrer. R. ace. Cro. Eliz. 575, 793, and vide Moor 858. 3 P.......
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Richards v Newton
...AND COMMON PLEAS Richards and ers. Newton richards vers. newton. Intr. Pasch. 6 Will. & Mar. B. R. Rot. 97. S. C. Comb. 298. Salk. 296. Skin. 565. òGeneral plene administravit to a scire facias, upon a judgment had upon special demurrer. R. ace. Cro. Eliz. 575, 793, and vide Moor 858. 3 P. ......