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Simms against Peters

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1796
Date01 January 1796
CourtHigh Court

English Reports Citation: 88 E.R. 1014

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER

Simms against Peters

case 307. simms against peters. Variance between writ of error and the record. Mr. Eyre, Solicitor General, moved to quash a writ of error for a variance in setting out the record : the writ mentioned only three defendants, whereas in the record in the Court of Common Pleas there were five. [241] Holt, Chief Justice, thought it well; because the rest being acquitted, there was no need to name them in the writ of error. Powell, Justice, being of the contrary opinion, Adjownatw. But afterwards, absente Holt, Chief Justice, the writ was quashed per Curiam. (a) Note, A quare is entered in the book. (b) See the case of Cranstoun v. Clwlce, where on a lease in which rent was reserved to be paid " without any deduction or abatement whatsoever," it was resolved, that as the Land-Tax Act enables the tenant to deduct this tax out of his rent, he has, in all cases, a right to stop it, unless there is an express agreement to the contrary. Sayer's Bep. 78. But where there is an express agreement " to pay all taxes, land-tax only excepted," the lessor is only bound to allow at the rate and in the proportion to...

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