Simpson v Mayhill
| 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. 382
IN THE COURT OF KING'S BENCH
simpson versus mayhill. 1 Show. 47. Trespass, justifies by process of Inferior Court, with taliter procassum. Trespass for entririg into his house, and taking his goods. The defendant justifies that he was seised of an hundred, to which a Court a tempore cujus, &c. belonged, held before the suitors every three weeks, and that a plaint was enter'd et taliter processura fuit, that a rion pros, was enter'd against the plaintiff, and 9s. costs thereon given, upon which a levari facias issued to levy the costs, and that he enter'd and took the goods by virtue of the said writ, as bailiff, &c. to which the plaintiff demurred. Northey for the plaintiff, took several exceptions to the plea. 1. That it ought to shew for what purpose the Court was held. 2. That the plaint is laid to be levied according to the custom of the hundred, but not according to the custom of the Court of the hundred. 3. That the pleading of a taliter processum fuit is not good in any Court, not of record, in which all proceedings are traversable; otherwise if it had been in a Court of Eecord. 4. That the process is made out by one, who doth not appear to have any authority (but admitting it had been pleaded to be per Curiam, it had been good) but here it is awarded by the steward, where it ought to be by the suitors. 5. That the levari facias is not good, but it ought to be a distringas. 22 Ass. 72, pi. Noy, 17, that execution ought to be by distress infinite. Thompson contra. To the 1st, the law takes notice of the jurisdiction of the Hundred-Court. [125] To the 3d, the practice was formerly to set forth the proceedings at large, and that even in the Courts of Westminster; but now there is no difference as to that, between Superior and Inferior Courts. To the 4th, it is laid to be according to the custom, and to be ad Curiam, and under the hand of the steward, and therefore good. To the 5th, that it is according to the custom, and therefore good. Holt Ch. J. agreed, that the process of an Hundred-Court is a distress, and not a levari facias; but it may be good by custom, and it is here laid to be secundutn...
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