St. John v Commyn
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 80
IN THE COURT OF KING'S BENCH
80 MICH. 5 JAC. B. R. YEtVERTON, 118. st. john versus commyn. Error in Ireland. Saint John brought eject' firmce in the Common Pleas in Ireland on the lease of E. G. against Comrayn, and declared de castro villa & ierris de Kilbrough in such a county; and upon issue pleaded, it was found for the plaintiff, and he had judgment there; upon which Commyn brought his writ of error in the King'a Bench in Ireland, and assigned for error the want of an original, to which St. John rejoined and pleaded, that such a day an original writ was deliver'd to such one, &c. and concluded to the country, and the judgment was reversed there for want of an original: whereupon St. John brought a writ of error of the judgment of reversal in the King's Bench here in England; and the judgment given in the King's Bench in Ireland was reversed here, because the matter was discontinued; for when the plaintiff in the writ of error in Ireland assigned his errors, and the defendant there replied and concluded to the country (where in truth the matter of his plea should be tried by the record, viz. whether the original writ was deliver'd or not, for that appears of record) and then the plaintiff in error there did not reply or demur on the defendant's plea, the whole matter was thereby discontinued; for there was no full record of the proceedings before the Justices of the King'a Bench there, because the plaintiff had not rejoined to [118] the defendant's bar there. And now it was moved to have the record remanded into Ireland, with a certificate of the Judges of their reversal here, to be made to the Justices of the King's Bench in Ireland, that he who first recover'd might have his execution : for they pretended that by the reversal of the judgment in the King's Bench there, the first judgment in the Common Pleas there was affirmed ; to which Yelverton answer'd, 1. That the record should not be remanded ; for although 33 E. 3. Error 83. is, that out of Ireland no more shall be certified than the transcript, and according to that is 34 Ass. yet the law is not so at this day; for the writ of error, which goes out of the Chancery here to the King's Bench there, commands the record to be sent; and the return of the justices there does likewise prove it, which is in hcec verba, record mission: also the reason why at first the transcript is said to be sent only, is for fear it should be destroyed...
To continue reading
Request your trial
-
Robins v Robins
...ought to set forth the sum due, and the process specially, and that the first action is determined. 2 Wilson 376. 6 Mod. 262. Hob. 267. Yelv. 117. iStra. 114. 2 Salk. 456. 5 Mod. 223, 224. 1 Lev. 169. Cases B. R. 273, S. C. Case, for that the defendant colore cujusdam medii process, in lege......
-
Lewis v Farrel
...cases of Parker v. Langley(a), Trin. 12 Ann. B. R. and Blagrave v. OdeU, Mich. 3 Geo. 228(4). [Lucas 200. Salk. 15. 6 Mod. 262. Hob. 267. Yelv. 117. 2 Salk. 456, 767. 5 Mod. 223, 224. Saund. 228. Lev. 275. 10 Mod. 219. Gilb. Caa. 214. R. Raym. 503,] added in 2d edition. (n) Gilb. Rep. B. R.......
-
Between the Parishes of Beaston in Nottinghamshire and Scisson in Leicestershire
...cases of Parker v. Langley(a), Trin. 12 Ann. B. R. and Blagrave v. OdeU, Mich. 3 Geo. 228(4). [Lucas 200. Salk. 15. 6 Mod. 262. Hob. 267. Yelv. 117. 2 Salk. 456, 767. 5 Mod. 223, 224. Saund. 228. Lev. 275. 10 Mod. 219. Gilb. Caa. 214. R. Raym. 503,] added in 2d edition. (n) Gilb. Rep. B. R.......
-
Thompson against Slicer
...record itself, and not the transcript, is removed, and the record is so far a record of this Court that we cannot transmit it to Ireland, Yelv. 117, 118: and though the first words of the statute extend only to the Courts of Westminster, Chester, Lancaster, and Durham and Wales, yet there a......