Read and Waldron
| 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. 509
IN THE COURT OF KING'S BENCH
read and waldron. Infant suing by prochein amie and no entrance of the admission, not error. Error of a judgment after a verdict in the Common Pleas. Ward assigned for error, that whereas the plaintiff is an infant, and sues by prochein amie, there is no entry of the admission of the prochein amie, 2 Cro. 640. Simpson versus Jaeksm, Palm. 269. S. C. 2 lust. 261, and, for the form of such entries, he cited Hern. 504. Aston 413. Fitz. Nat. Br. 39. Holt Ch. J. at first doubted, whether the admission be necessary in point of law, tho' tis a caution of the Court. The Court seldom admits a guardian, unless the infant be there in person, but they may do it, and it hath been done: at another g J31] day he cited 1 Cro. 86, Yong versus Yong. (Vide Het. 52. S. C. Hutt. 92. C. Jones, 177, S. C. where an amendment was made in the like case after verdict: to which Ward answered, that this could not be supply'd by evidence, therefore not aided by the common law, nor yet by the statute, because the record is imperfect. 1 EolL 796, pi. 29. The words any other matter or thing in stat. Stat. Car. 2, refers only to faults of the clerk; but this is not a mis-entry, but a total omission, and not amendable. 1 Eoll. 208. Sir S. Astry said. A guardian is always admitted before a Judge, and that admission carried to the clerk of the rules, who enters the rule; but the Court usually examines a prochein amie. Then Holt said, if there bo a rule of Court in C. B. 'tis enough, their rules are entred in parchment-rolls. Nota, A precedent was read, Hil. 41 El. Eot. 417, where a special certiorari issued to certify the Court of the practice in C. B. concerning admission of guardians 510 TERMING SANCT^E TMNITATIS COMBKRBACH, 333. and prochein amies; arid 'twas certify'd, that they used to enter such admissions upon record (this is said to be in English, in Hern) whereupon the Court would now be informed of the practice since; and it was certify'd (as it seemeth) that the admission was entred on the issue-roll, which Ward said would not do, and he pray'd a certiorari for the original, and said a certiorari had been granted to reverse a judgment in the case of Web and Penton. But Holt said, after in nullo est erratum pleaded, a eertiorari is grantahle only to affirm a judgment, and not to reverse it, for 'tis ex gratia Curise, and the Court will not make an error ; and tho' some cases may be found...
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