Prigge and Adams; Puis
| 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. 156
IN THE COURT OF KING'S BENCH
[350] 19. pbigge and adams ; Puis. In trespass of assault, battery, and false imprisonment; the defendant justified under a judgment and execution in the Court of Bristol, as an officer of the Court; the plaintiff replies and pleads the Statute of Will. & Mar. for erecting a Court of Conscience for relief of the poor inhabitants of Bristol in actions of debt, &c. under 40s. and proceeds arid shews that the same persons who are Judges of the Court of Record, are Judges of the new Court, &c. but he does not shew, that the Judges or plaintiff there had notice of the Act, or that the defendant was an inhabitant of Bristol; and upon a demurrer Holt Chief Justice said, tho' it be a private Act of Parliament, of which the Courts here cannot take notice, without it's being pleaded ; yet as to Bristol it is to become lex loci, and all parties concerned there, ought to take notice of it, as the by-laws of a corporation, they are more private than such an Act of Parliament; but if any man comes into a corporation, he ought to take conusance of their by-laws at his peril ; and therefore he thought that the Judges of the Court of Record of Bristol ought to take notice of the Act for erecting the Court of Conscience, for after a verdict how may it be pleaded 1 to...
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Prigg v Adams
...versus adams. 2 Salk. 674. Where a judgment is not ipso facto void, tho' declared by a private Act of Parliament, that it shall be void. Skin. 350, 366, 407, S. C. Vide 2 Lev. 184, & 243. 3 Lev. 23. In an action of false imprisonment, the defendant pleaded a judgment in the Town-Court of Br......
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Prigg v Adams et Al
...adams & al. [Mich. 4 W. & M. B. R.] Judgment of a Superior Court is only voidable. Vide 2 Lev. 184 & 243. 3 Lev. 23, S. C. Garth. 274. Skin. 350, 366, 407. Holt 182. In trespass and false imprisonment, the defendant justified as an officer under a ca. sa. on a judgment in the Court of Commo......