Robins v Robins
| Jurisdiction | England & Wales |
| Year | 1795 |
| Date | 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 15
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
11 Will. 3, B. R. Intratur Trin. 10 Will. 3, Rot. 162. 1 Ld. Raym. 503, S. C.
6. robins versus robins. [11 Will. 3, B. R. Intratur Trin. 10 Will. 3, Rot. 162. 1 Ld. Raym. 503, S. C.] Vide record, page 728. Case for malicious holding to bail; declaration ought to set forth the sum due, and the process specially, and that the first action is determined. 2 Wilson 376. 6 Mod. 262. Hob. 267. Yelv. 117. iStra. 114. 2 Salk. 456. 5 Mod. 223, 224. 1 Lev. 169. Cases B. R. 273, S. C. Case, for that the defendant colore cujusdam medii process, in lege caused him to be arrested, and though he offered a common appearance held him to bail, where by law no bail was required ; and verdict pro quer. on nan culp. Et per Holt C.J. This is a tender action. You must shew that the plaintiff being indebted to the defendant in so much, the defendant took out such a writ for so much more, on purpose to hold him to bail: how else can it appear to us whether and how far he might be held to bail in that action 1 And as to what Carthew said, that the writ was seldom returned, and they could not have it to give in evidence, and therefore it would be inconvenient to set it out specially in the declaration ; the Chief Justice answered, he might have a rule on the officer to return his writ. Vide 1 Saund. 228. And this action lies not till the original action is determined (a). (a) R, ac. Comyns' Reports 190. Doug. 215. 2 Term Reports 225. Fide "2 Wils. 305. 3 Term Reports 183.
English Reports Citation: 91 E.R. 16
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Trin. 11 Will. 3, B. R. Intratur Hill. 9 Will. 3, Rot. 437. Comyns 58, S. C. 1 Ld. Raym. 486, S. C.
See S. C. 1 Ld. Raym. 486 (with note).
16 ACTION 9UR LE CASE 1 BA1KBLD. 16. 7. iveson versus moore. [Trin. 11 Will. 3, B. E. Intratur Hill. 9 Will. 3, Eot. 437. Comyns 58, S. C. 1 Ld. Rayra. 486, S. C.] [See S. C. 1 Ld. Eaym. 486 (with note).] Fide record, page 730. Case for stopping up a highway leading to the plaintiffs colliery with intent to deprive him of the profit thereof, per quod he lost the profit, &c. and hia coals were spoiled for want of buyers. Court divided whether action lies or not. Garth. 451. Mod. Cases, &c. 353. Comb. 480, S. C. Holt 10. Case, and declared that he was possessed of a colliery, and that there waa a highway near, by which he used to carry...
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