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Stratford against Neale

Nominate Series English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1796
Date01 January 1796
CourtCourt of the King's Bench

English Reports Citation: 88 E.R. 1085

IN THE KING'S BENCH.

Stratford against Neale

case 439. stratford against neale. Prohibition.-S. C. 1 Stra. 482. S. C. 8 Mod. 1. S. C. Fort. 350. Writ of error on a judgment on prohibition in the Common Pleas in Ireland, for tithes as rector of . The libel was for agistment of colts, cattle, &c. in the Spiritual Court of the Bishop of Fern. The declaration is, that no tithes were payable for agistment of young cattle brought up to the plough ; and that the plea was refused below defemlente pro contullatione habend. as to two entire parts found for the defendant. And judgment and consultation awarded generally. In Hilary term, in the seventh year of George the First, exceptions were taken : That the traverse was to the merits of the fact in the suggestion, that the cattle were not barren, or barren fed with hay, &c. which had paid tithes, which is not 1086 MICHAELMAS TERM, 8 GEO. 1. IN B. R. 11 MOD. 3M. proper; for the matter suggested is not want of jurisdiction, but misbehaviour of the Judge in refusing the plea. 2 Cro. 45. Cro. Eliz. 511. Suppose the matter in the allegation is good, yet it is too narrow for a consultation. That he did not feed the cattle during the whole time; if found fed any part of the time, a prohibition ought to go quoad such time. Town Judgments, 174, pi. 8. F. N. B. 54. [336] Chesshyre, Serjeant. The suit must be intended to be right in the Ecclesiastical Court, if it is matter found proper for the Court, and it must be remitted by consultation, which is all we need pray: we follow them in the words of the traverse; the refusal of the plea is only matter of form. This term it was argued by Serjeant Pengelly and Mr. Reeves, which I heard but very imperfectly. The Serjeant cited these several cases where consultations did go: iSaund. 81. Show. 200, 201. Plow. 468, 471. 1 Leon. 240, 241. 1 Saund. 140, 143. Co. Ent. 467 a. Cro. Eliz. 512. Lutw. 1043, 1052. Pratt, Chief Justice. Where several...

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