The Case of Adrian Lampriere and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 86 E.R. 716
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
case 91. aston's case. If an attorney discontinue an action after having pleaded it as depending, or assign infancy for error when the party is adult, he shall be struck off the roll.-1 Sid. 84, 306. 1 Lev. 227, 298. 2 Lev. 118, 194. 1 Saund. 23. 2 Saund. 74. Ante, 13. 2 Danb. 156. Nels. Lut. 91. 10 Mod. 228, 325. 2 Ld. Ray. 1014. 1 Barnes 110. 1 Salk. 515. 1 Com. Dig. "Attorney"(B 14). Cowp. 829. In a cause wherein one Aston was attorney-Kelynge, Chief Justice, said, that a (b) Latch, 102. (c) In the case of Kibbet v. Lee, Hob. 312 (a) 7 Co. 13. Poph. 18. Moor 303. (b) 7 Co. 12. 2 Keb. 566. 1 Lev. 279. (c) Latch, 69, 102. (d) By 7 Ann. c. 21, and 17 Geo. 2, c. 29, no attainder of high treason shall extend to the disinheriting of any heir, nor to prejudice the right and title of any persons, other than the right and title of the offender during his natural life, after the death of the Pretender and his sons. James the Second married a princess of the house of Modena, and died at St. Germain's 17 September 1701, leaving one son, James Francis, who married Maria Clementina Sobiesky, grand daughter to the King of Poland, aud died in the year 1765, leaving two sons, viz. Charles Edward Lewis Casimir Stuart, Count of Albany ; and Henry Benedict Stuart, Cardinal of York. The Count of Albany married a princess of Stolberg, in Germany, and died at Rome 31 December, 1788, leaving only a natural daughter, whom he had created Duchess of Albany. The Cardinal of York was born at Rome on the 6 March, 1725 ; and is still alive and unmarried. 1 MOD. 42. HILARY TERM, 21 AND 22 CAR. 2. IN B. R. 717 man may discontinue his action here, before an action brought in the Common Pleas : but if he do begin there, and then they plead another action depending here, and then they discontinue, I take it, the attorney ought to be committed for this practice.- Twisden, Justice. When I was at the Bar, error was brought, and infancy assigned, when the man was thirty years old; and the attorney was threatened to be turned out of the roll.
English Reports Citation: 86 E.R. 717
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
case 92. the case of adrian lampriere and others. The King is intitled to a certiorari as a matter of right; but if the appeal be made by a subject, it is matter of discretion.- S. C...
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