Percival Willoughby against Egerton
| Jurisdiction | England & Wales |
| Date | 1653 |
| Court | Court of the Queen's Bench |
| Year | 1653 |
English Reports Citation: 78 E.R. 1079
IN THE QUEEN'S BENCH.
case 13. percival willoughby against egerton. In what manner the venire shall be awarded for partiality in the sheriff; and how a judgment in formedon shall be entered. Co. Lit 157. Cro. Jac. 147. Tr. p. Pais, 41. Jenk. 115. Carth. 214. 4 Mod. 65. Skin. 104. Error of a judgment in Chester. The errors assigned, first, because, the parties being at issue, a venire facias was awarded to the sheriff; arid at the day of the return it was entered, qubd vicecomes non misit breve: and then the plaintiff prayed a venire facias to the coroners, for cozenage betwixt him and the sheriff; which was awarded accordingly: and at the day of the trial the defendant made default, and judgment was given, &c.-The first error, [854] because that after the plaintiff had admitted the sheriff to execute the writ, he could not pray a venire facias to the coroners, without some cause de puisne temps.-Sed non allocatur ; because there was nothing done upon 1080 MICHAELMAS TERM, 43 AND 44 ELIZ. IN B. R. CEO. BUZ. 834. the first writ, and it is not now material, having made default.-A second error was, because the judgment appears to be in a formedon, upon default of the tenant: and yet the entry is not'idea recuperet per defaltam, as the course is that it ought to be.- And as to that the Court would advise. Et adjournatur.
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