Pope and Haman
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1724 |
| Date | 01 January 1724 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 438
IN THE COURT OF KING'S BENCH
pope and haman. Post, 220. Poundage not to be for executing judgments in corporations. Upon the proviso in the statute 28 Eliz. cap. 4, that poundage shall not be taken for any executions in corporations. Holt Ch. J. and Dolben J. held it must be intended of executions upon judgments in their own Courts, and not upon foreign judgments. It was moved, that the bail upon hia producing the principal might be relieved against the bail-bond, tho' a term had interven'd. Aston reported, the practice had been both ways, according to the circumstances. Holt, Gregory, and Eyres, that proceedings should stay upon the bail-bond: but Dolben said he never knew it done, where a term or an assizes interven'd; whereupon the Court agreed, that they would not relieve the bail in such cases for the future. Holt Ch. J. Upon a judgment against one copartner, the sheriff may take the goods of both in execution : and the other copartner hath no remedy at law, otherwise than by retaking the goods, if he can, for the vendee of the sheriff becomes tenant in common with tho other copartner. [218] Holt Ch. J. said. An indictment upon the Statute of Stabbing need not conclude contra forraam statuti.
English Reports Citation: 90 E.R. 439
IN THE COURT OF KING'S BENCH
pope and haman. Ante 217. Debt for sheriffs fees. Error of a judgment in Bristol in debt for the sheriffs poundage for executing a ca. sa. The Court held, that the very permission by the statute makes it lawful, and a duty to the sheriff, for which he may maintain an action of debt. 3 Cro. 654, Staunton versus Sullianl. 1 Cro. 287, Lister versus...
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Savage qui tam, Company v Smith
...11M. TRINITY TERM, 16 GEO. III. C. P. 651 399 ; Poph. 173 ; Lister and Bromley, Gro. Car. 286 ; 1 Jon. 307 ; Pope and Hayman, Skinn. 363, Comb. 217, 220 (g). It was argued on the second and third objections in this and the last terra, by Glyn and Hill, for the plaintiff, and Walker, for the......
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Mayhew and Another, Assignees of Barnabas Mayhew, a Bankrupt, v Herrick
...M. & W. 682. (c) Citing Johnson v. Evans, and Jacky v. Butler, 2 Ld. Eaym. 871. (d) Citing Eddie v. Davidson, 2 Dougl. 650; Pope v. Hayman, Comb. 217; Heydon v. Heydon, 1 Salk. 392. And see Morley v. Strombom, 3 B. & P. 254, 288; Bachivrst v. Glinkard, 1 Show. 169; Garbett v. Yeale, 5 Q. B.......
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...Edw. 6, sect. 412. Debt on escape against a sheriff; he pleads that a former sheriff (a) See Heyclen v. Heyden, \ Salk. 392. Pope v. Human, Comb. 217. Jackey v. Butler, 2 Ld. Raym. 871. Edie v. Davisson, Dougl. 650, 651, and the case of Skipv. Harwood, in Chancery 1747, cited by Lord Mansfi......
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...does not give 51. for every hare, and all was done the same day, and so was only one offence (1). (a)1 Holt 302, S. C. (b)1 Holt 643, S. C. Comb. 217. 2 Mod. 279. 2 Ld. Raym. 871. Cowp. 449. 1 Vez. 239. Dougl. 650. Infra, p. 619. (a)2 2 Keb. 673. 1 Mod. 63, S. C. (i)2 2 Keb. 853. 1 Mod. 81,......