R v Lord Macclesfield
| 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. 368
IN THE COURT OF KING'S BENCH
[102] de terming fasces. anno 1 willielmi & marls: regis & regin.e. in B. R. rex versus lord macclesfield. Outlawry of a peer reversed. The common error was assign'd to reverse an outlawry against the defendant for a misdemeanor, and it was therefore reversed ; but another exception of his privilege of peerage was not debated. Per Holt C. J. In ejectment the rule of this Court is, that the lessor of the plaintiff shall pay the costs tax'd for not going on to trial, altho' by the general rules of the law, in other cases, he who brings the action ought to pay 'em. A town-clerk of Northampton refused to deliver several books, which belong'd to the corporation, and a mandamus was moved for to compel him to deliver them: and first, the recorder said, he knew a mandamus granted to restore a mace, but did not mention the case, or the year; but the Court did not...
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