Stephens against Cooper
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1797 |
| Date | 01 January 1797 |
| Court | Court of Common Pleas |
English Reports Citation: 83 E.R. 771
COURT OF COMMON PLEAS
[440] stephens against cooper. Eepleader after a demurrer and argument thereupon. 40 Ed. 3, 15. 22 H. 6, 16. 5 Ed. 4, 8. 19 Ed. 4, 1. Dyer 117, 118. 1 Lev. 32. 2 Lev. 135. 6 Mod. 2, 3, 11, 102. Ante 20. 1 Salk. 216. 2 Salk. 579. A quantum meruti by a chirurgeon for curing of a wound. The defendant pleads a tender of 2 guineas of the value of 45s. which was sufficient, absque hoc that he deserved more. On which plea the plaintiff demurred, and shewed for cause, that the traverse made the plea double, and was impertinent, and that no such value 772 TRINITY, 8 WILLIAM III. 3 LEV. 440. could be set upon guineas; and the plea was adjudged ill, and a repleader ordered by the Court wherein the traverse should be omitted, and the plea be a tender of 45s. and issue taken on the sufficiency thereof. And so note, a repleader awarded by the Court after a demurrer and argument, which I have known denied divers times of late, and that no repleader should be after a demurrer, but only after an issue joined; and yet in former times repleaders have been allowed...
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John Browning, Plaintiff, and William Beston, Defendant
...pi. 77. in margirie. 3 Co. 52 b. Dal. 76. pi. 2. Moor, 867. pi. 1198. Sav. 89. 1 Leon. 79, 80. 2 Bulst. 37. Cro. E. 318. pi. 4. Latch, 147. 3 Lev. 440. 6 Mod. 4. 102. all which and other authorities see cited pro cfc con. Vin. Abr. tit. Repleader, A. pi. 11. (b) Palm. 496. 503. Dy. 6. pi. 2......
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Roberts v Mariett
...1 Lev. 191, Jones v. Pope, S. C. 1 Saund. 39. 1 Sid. 306. 1 Lev. 192, Sennet v. Filldns. S. C. 1 Saund. 23. 1 Lev. 298, Martin v. Delboe. 3 Lev. 440, Stephens v. Cooper. 1 Str. 76, Butler v. Malissy. Ibid. 116, Henderson v. Williamson; but now the Court usually gives the party leave to amen......