Schletter v Cohen
| Jurisdiction | England & Wales |
| Judgment Date | 20 January 1841 |
| Date | 20 January 1841 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 816
EXCH. OF PLEAS.
S. C. 9 Dowl. P. C. 277; 10 L. J. Ex. 99; 5 Jur. 74.
[389] Sen letter v. cohen. Exch. of Pleas. Jan. 20, 1841.-Where an order is obtained for a capias under the 1 & 2 Viet. c. 110, s. 3, before the suing out of the writ of summons, the affidavit on which it is applied for need not be entitled in the cause. [S. C. 9 Dowl. P. C. 277; 10 L. J. Ex. 99; 5 Jur. 74.] Ogle moved for a rule to shew cause why an order of Rolfe, B., for the issuing of a capias against the defendant, under the 1 & 2 Viet. c. 110, s. 3, should not be rescinded. One of his objections was, that the affidavit on which the order was obtained, (which was sworn before the suing out of the writ of summons), was not 71t.HW.30. IN RE OOALES 817 entitled in the cause: and he stated that it had been ruled by several of the Judges at chambers that this was an irregularity. lord abinger, C. B. That is no objection. There was some little doubt on the matter at first, because of the word "plaintiff" in the statute; but the point came under the consideration of the Judges, and they came to the conclusion that it ought to have the same meaning as in the stat. 12 Geo. 1, c. 29, where the same word is used to signify a party who intends to become plaintiff', and with that view makes an affidavit to hold to bail. parke, B. If this objection be a good one, I have...
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Underhill v Devereux
...where the same word is used to signify a party who intends to become plaintiff, and with that view makes an affidavit to hold to bail. 7 M. & W. 389, SrJiletter v. Cohen. Such an affidavit need not be entitled in the cause; but it is otherwise where a writ has been issued, because then ther......
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Hargreaves against Hayes
...done for convenience : it is not necessary that the order should be made after the commencement of the action. In Schletter v. Cohen (7 M. & W. 389) it was held that the affidavit might be made before: and then the title of the cause need not be given; though it is otherwise if the action h......
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Oliver Waterloo King against The Queen, in Error
...summons issues. Parke and Alderson Bs. concurred.] If the Court adhere to the decision of the Court of Exchequer in Schletter v. Cohen (7 M. & W. 389), the objection certainly fails. Secondly, the process upon which the jurymen are summoned, on whose verdict the consideration and judgment r......
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