Taswell v Stone
| Jurisdiction | England & Wales |
| Judgment Date | 13 June 1769 |
| Date | 13 June 1769 |
| Court | Court of the King's Bench |
English Reports Citation: 98 E.R. 287
IN THE COURT OF KING'S BENCH
taswell versus stone. Tuesday 13th June 1769. Staying proceedings in an action of debt, on a judgment pending in writ of error. This was an action of debt on a former judgment: and judgment was signed in the present action, for want of a plea. Mr. Wallace, on behalf of the plaintiff, shewed cause against a rule which had been obtained by Mr. Mansfield, for the plaintiff to shew cause why the judgment signed in this present action should not be set aside; and further proceeding in this latter action stayed, until the determination of the writ of error now depending upon the former judgment upon which this latter action is brought. There was an affidavit on the part of the defendant, " that the plaintiff did, in Trinity vacation last, bring his action against the defendant; and obtained judgment against him. That the defendant thereupon brought a writ of error, and hath transcribed, &c. : and it still remains, undetermined. That two or three days before this present Trinity term, the defendant was served with a copy of a bill of Middlesex, in a plea of debt on the said judgment obtained against him as aforesaid: and on the first day of this present Trinity term, the plaintiff caused to be filed a declaration de bene esse, in the latter action, against the defendant, and hath signed judgment against him for want of a plea; although the said proceedings in error have been regular, and are...
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