Robbins v Robbins
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | High Court |
English Reports Citation: 91 E.R. 1236
COURTS OF KING'S BENCH AND COMMON PLEAS
1236 MICH. TERM, 11 WILL. 3 1LD. RAYM. 803. [503] mich. term, 11 will. 3, C. B. 1699. Sir John Holt, Chief Justice. Sir Thomas Rokeby died 26 Nov. in this term after a long illness; Sir John Turton, Sir Henry Gould, Justices. bobbins vers. bobbins. S. C. Salk. 15. 12 Mod. 273. Pleadings post, vol. 3, p. 298. A declaration for causing a man to be held to special bail without cause ought to shew for what sum he was held to bail. And how the defendant caused him to be held to bail. A declaration stating generally that the defendant, by colour of certain process, caused the plaintiff to be arrested and held to special bail without cause, is insufficient even after verdict. A man who is arrested upon process may move the Court to compel the sheriff to return it. In an action upon the case the plaintiff declared, that the defendant praetextu et colore cujusdam medii processus in lege arrestari the plaintiff causavit, and to be held to special bail, without cause. Upon not guilty pleaded, verdict for the plaintiff, and now Mr. Eyre moved in arrest of judgment, that the writ is not shewn upon which the arrest was: nor is it averred, by whom it was prosecuted; and that the whole matter ought to be shewn at large, and not in this uncertain manner, colore cujusdam proceasus in lege, &c. Against which Mr. Carthew for the plaintiff argued, that the cause of this action was not the suing without cause, but the holding to special bail without cause. And the plaintiff could not shew it specially, because the writ remained with the officer; and therefore he could not shew it, nor what sum was contained in it. And that is the reason that has introduced this succinct way of pleading. But per Curiam, the declaration is ill; for if the cause of action is the holding to special bail without...
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