Offley v Whitehall
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1717 |
| Date | 01 January 1717 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 579
IN THE COURT OF EXCHEQUER
[17] dk term. S. miohaelis, 1717. 21. ofeley v. whitehall. At what time it is, or is not too late to come for a prohibition. Ante, pi. 8, lib. 2, Up. of Winton. 1 Hid. 251. March, 73. "2 Salk. 548. Mod. 252. 1 Sid. 65, 632, & 11. 1 P. Wm. 477, 657. 2 Term Rep. 474. ' This distinction was taken, that if a man libels in the spiritual court for tithes in kind, and the defendant below suggests, and insists upon a modus, there the spiritual court has no jurisdiction to try the modus, their method of trial of prescription being different from ours ; but if a man libels for a modus, and the defendant admits the modus, the spiritual court may proceed in that cause: but even in the first case, if they permit them to proceed to sentence, they come, then, too late for a prohibition, being it is pro defectu triationis otily; but you are never too late, where it is pro defectu juriedictionis.
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