Storr and Another against Bowles
Jurisdiction | England & Wales |
Judgment Date | 05 November 1832 |
Date | 05 November 1832 |
Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 397
IN THE COURT OF KING'S BENCH
[112] storr and another against bowles. Monday, Nov. 5th, 1832. The Act for uniformity of process, 2 W. 4, e. 39, s. 1, does not prevent the signing of a pluries bill of Middlesex in a suit commenced before the Act came into operation. S. Hughes moved that the signer of Middlesex writs might be ordered by the Court to sign a pluries bill of Middlesex in the above cause, which that officer had -declined to do, considering himself precluded from it by the Act for uniformity of process, 2 W. 4, c. 39. In sect. 1 of the Act (which came into operation the first day of this term), after reciting that the process for the commencement of personal actions in the Superior Courts is inconvenient, it is enacted, " That the process in all such actions commenced in either of the said Courts," where it is not intended to -hold to bail, shall be in the form after stated, namely, by writ of summons. But the writ of summons, by its form, applies only to the original commencement of an action, which in this case would have been too late to save the...
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