Stevenson against Roche
| Jurisdiction | England & Wales |
| Court | Court of the King's Bench |
| Judgment Date | 04 July 1829 |
| Date | 04 July 1829 |
English Reports Citation: 109 E.R. 262
IN THE COURT OF KING'S BENCH.
[707] stevenson against eoche. Saturday, July 4th, 1829. Bail are not discharged by the plaintiff's taking a cognovit from the principal, unless time be thereby given. The plaintiff may sue out a fi. fa. against the principal, and levy part of the debt, and afterwards sue out a ca. sa. as to the residue, and charge the bail. A latitat having issued on the 20th of February against Horner, returnable the first return of Hilary term, a declaration was delivered on the first day of Hilary term, 9B. &C.708. STEVENSON V.ROCHE 263 conditionally, until special bail should be put in' and perfected. The defendant and H. Crease justified as bail on the 3d of February. Homer pleaded the general issue, upon which issue was joined, and the issue delivered on the 7th of February. Notice of trial was given by the plaintiff, for the sittings after Hilary term. On the 12th of February, Homer withdrew his plea of the general issue, and gave a cognovit for the payment of the debt and costs in that action, by three instalments; the first on the 26th of February, the second on the 16th of April, and the last on the 1st of May, with a stay of execution until default made. Homer made default in the payment of the first instalment due on the 26th of February, whereupon the plaintiff signed judgment on the 27th of February. On the 27th of February, a fi. fa. was issued for the whole debt and costs, returnable on Wednesday next after fifteen days of Easter, indorsed to levy the sum of 3741. being the whole debt and costs upon which the sheriff returned that he had levied, 2531. Is. 2d. part of which, viz. 531. he had paid to the landlord for rent; another part, 71. 10s. he had retained for poundage; and the residue, 1921. 11s. 2d. he paid over to the plaintiff. A ca. sa. for the residue of the damages due to the plaintiff was issued against Horner, to...
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Tomkins against Savory
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