Stratford against Neale
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1721 |
| Date | 17 November 1721 |
| Court | Court of the King's Bench |
English Reports Citation: 88 E.R. 1
IN THE KING'S BENCH.
MODERN REPORTS; or, SELECT CASES ADJUDGED in the COURTS of KING'S BENCH, CHANCERY, COMMON PLEAS, and EXCHEQUER. Volume the Eighth; containing, CASES in the King's Bench, from the Eighth to the Twelfth Year of KING GEORGE the FIRST. The Fifth Edition, corrected. By THOMAS LEACH, Esq. of the Middle Temple, Barrister at Law. 1795. [1] michaelmas term. The Eighth of George the First, 1721. In the King's Bench. Sir John Pratt, Knt., Chief Justice. Sir Lyttleton Powys, Krit., Sir Robert Eyre, Knt., Sir John Fortescue Aland, Knt., Justices. Sir Robert Raymond, Knt., Attorney General. Sir Philip Yorke, Knt., Solicitor General. case 1. stratford against neale. Friday, 17 November, 1721 (a). Easter Term, 3 Geo. 1, Roll 184. If a parson libel in the Spiritual Court for two third parts of the tithes of dry cattle, and, on a declaration in prohibition, the defendant plead a right to two integral parts of the tithes of dry cattle, the variance between the libel and the declaration is not material-Yelv. 79. 6 Com. Dig. "Prohibition" (K.). 1 Mod. 182. Writ of error on a judgment given in the Court of King's Bench in Ireland (b). The case was thus: One Neale libelled in the Spiritual Court there for two third parts of the tithes, due to him for dry cattle fed in such a parish, &c. The defendant suggested, for a prohibition, that the cattle for which those tithes were demanded were beasts of the plough, and other dry cattle fed in the said parish with hay and stubbles of corn, for which tithes had already been paid. A prohibition was thereupon granted; and that the right might come in question, Stratford was ordered to declare upon the prohibition; which he did, and in the same manner as before he had suggested, and concluded his declaration, that the defendant (a) This case was argued once before, viz. Friday, 27 January 1720, and five more exceptions were taken; which see in Fortesc. Rep. 350. The case at large, with both the arguments, and the opinion of the Court, are in Stra. 482.-Note to former Edition. (b) The writ of error to the King's Bench in England on judgments given in the Courts in Ireland is taken away by 23 Geo. 3. Sea Mr. Christian's edit. 1 vol. Bl. Com. 104, and Mi1. Serjeant Runnington's fifth edit, of Hale's Com. Law, vol. ii. page 7 to 18, note (A). K. B. xvii.-1 2 MICHAELMAS TERM, 8 OEO. 1. IN B. R. 8 MOD. 2. had proceeded in the Spiritual Court after a prohibition...
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