Smith against Wheeler
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 86 E.R. 695
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
[16] case 47. anonymous. The ancient form of taking bail, and declaring in civil actions.-Ante, 11. Cro. Jac. 449. 6 Mod. 188. 2 Sid. 163. Comyn's, 75, 556. 10 Mod. 24, 153, 270, 280. 2 Stra. 922. Kelynge, Chief Justice. The course of the Court is, that if a man be brought in upon a latitat for twenty or thirty pounds, we take the bail for no more; but yet he stands bail for all actions at the same party's suit; otherwise if a stranger bring an action against him.-Twisden, Justice. They cannot declare till he hath put in bail; and when wa take bail, it is but for the sum in the latilat, perhaps thirty pounds, or forty pounds; but when he is once in, he may be declared against for two hundred pounds. But see rule Trinity term 22 Car. 2. 6 Mod. 267. 1 Salk. 102. And it is now settled, that when the plaintiff declares for or recovers a greater sum than is expressed in the process upon which he declares, the bail shall not be discharged, but be liable for so much as is sworn to and indorsed on the process, or for any lesser sum which the plaintiff in such action shall recover. Rule Easter term 5 Geo. 2, Lofft, 545; and it is also determined, that the bail are liable to the costs of the original action Dougl. 330. 1 Term Rep. in C. B. 76; and see Tidd's Practice, 131. (a) Cro. Eliz. 466.
English Reports Citation: 86 E.R. 714
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
case 90. smith against wheeler. Easter Term, 20 Car. 2, Roll 570. A King's Counsel cannot plead against the Crown.-3 Bl. Com. 26, 28. A. being possessed of a term for eighty years, assigns part of the premises, and settles the residue in trust on himself for life, with divers remainders over; provided, that if he had issue the trusts should cease, and the assignment be in trust for such issue, with a power of revocation. If A. commit treason, the remainder of the original term is only forfeited during his life.-S. C. ante, 16. S. C. 1 Freem. 9. S. C. 1 Vent. 128. S. C. 1 Lev. 279. S. C. 2 Keb. 564, 608, 644, 763, 772. 2 Inst. 216. 9 Co. 121. 1 And. 294. Lane, 54, 113. Hard. 466. Raym. 120. 1 Roll. Abr. 343. 2 Ro. Ab. 34. March 45, 88. 1 Sid. 260. 2 Hawk. P. C. 639. 10 Mod. 116, 120, 359, 361, 367, 415. Serjeant Maynard was about to argue in this case, that the residue of the term was not forfeited to the King. Kelynge, Chief Justice. Brother Maynard, you would do well to be advised, whether or no you, being of the King's Counsel, ought to argue in this case against the King1? Maynard answered, that the King's Counsel would have but little...
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