Powell v Portherch
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1787 |
| Date | 01 January 1787 |
| Court | Court of the King's Bench |
English Reports Citation: 100 E.R. 31
IN THE COURT OF KING'S BENCH
powell against portherch. 1787. Affidavit to hold to bail that defendant is indebted to the plaintiff in a certain sum, as appears by the Master's allocatur, is not sufficiently positive. The defendant had been held to bail on an affidavit, which stated that he was indebted to the plaintiff in so much for work and business done by the plaintiff as an attorney, as appears by the Master's allocatur. Bower had moved on a former day that the defendant might give common bail, the affidavit to hold to special bail not being positive. Lane shewed cause, and observed, that if the words " as appears by the Master's allocatur " had been omitted, the affidavit would undoubtedly have been sufficiently positive; and that the insertion of those words did not render the affidavit less certain, because they only pointed at the difference between the sum originally claimed and that allowed by the Master. But still the plaintiff positively swore to the debt due. [56] The Court were of opinion that the affidavit was not sufficient; because the plaintiff had not sworn that the debt was...
To continue reading
Request your trial
-
Doe on the several demises of Thomas Daniel, Sheriff, and Affleck, against Coulthred and Baldrey
...the text. See the judgment. (a)2 May 29th. Before Lord Denman C.J., Littledale and Patteson Js. (b) Cited by Buller J. in Davies v. Pierce, 2 T. R. 55, 462 DOE V. MEW 7 AD. & E. 240. declaration in the deed that he held under and by the permission of the lessor of the plaintiff's ancestor w......
-
The Honorable The Irish Society of London v The Lord Bishop of Derry and Raphoe an Another
...Rep. 109. Alcock v. CookENR 5 Bing. 348. Middleton v. MeltonENR 10 B. & C. 326. Peaceable v. WatsonENR 4 Taunt. 16. Davies v. PierceENR 2 T. R. 55. Doe v. PetitENR 5 B. & A. 224. Crease v. BarrettENR 1 C. M. & R. 931. Walker v. BradstockENR 1 Esp. 458. Carne v. NichollENR 1 Bing. N. C. 430.......