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Swift against North

Nominate Series English Reports Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1685
Date01 January 1685
CourtCourt of the King's Bench

English Reports Citation: 83 E.R. 1159

IN THE COURT OF KING'S BENCH

Swift against North

12. swift against north. Siderf. 173, pi. 3. Heir. In debt against an heir who was by guardian, after paroll demurr and resummons, & capias alias & plur. at 5 exact' the defendant appeared, and after riens per disoent praeter pleaded, confessed the action in the C. B. and now it was specially assigned for error, that the plea was discontinued, for that the writ was not continued on the roll, 1160 HILL. 15 AND 16 CAR. II. B. R. 1KEBLE.M3. as Co. Entr. Error pi. 7, & East. Discontinuance in Error. Also 2. The appearance was at the exigent, and no supersedeas nor utlary retorned, which, per Curiam, are all cured by appearance of the party. 3. There was no entry of the admission by guardian certified on record, nor diminution prayed, which after in nullo est erratum cannot be prayed, but the Court may grant it to affirm the judgment; also there being no retorn made now of this, the Court cannot intend...

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1 cases
  • Kitchen against Bartsch
    • United Kingdom
    • Court of the King's Bench
    • 22 Noviembre 1805
    ...to pay to them the money (a)1 Coutanche v. Le Euez, 1 East, 133, and Nowlan v. Geddes, ib. 634. (6) 1 Sid. 173. The same case is reported 1 Keb. 642, where it is said to have been adjourned ; and one of the objections there taken was, that it was not said that the defendant was outlawed sup......

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