St. Aubin v Cox
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of the King's Bench |
English Reports Citation: 86 E.R. 122
IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY
st. aubin verms Cox. 1 Show. 9. 3 Sal. 287. fiaytn. 189, Posteii 274. 1 Mod. 66, 81. Antea 88. 2 Keb. 853, 854. A prohibition was prayed to the Court of the Compter in Woodstreet London, to an action of debt there commenced ; for that the defendant had pleaded before any imparlance taken, that the cause of action did arise at a place out of their jurisdiction, and offered to have sworn his plea, and they refused to accept this plea. [181] Upon this matter a prohibition was gratited ; for Inferior Courts have not cognizance of transitory things, which arise in places out of their jurisdiction, as F. N. B. 45 is : but then 'tis not sufficient to surmise such matter for a prohibition ; but a plea to that effect must be tend red in the Inferior Court, and that before any imparlance taken (whereby the jurisdiction would be admitted) and it must be upon oath ; and...
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