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The Case of Courtney, an Attorney

Nominate Series Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1796
Date01 January 1796
CourtHigh Court

English Reports Citation: 87 E.R. 1149

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.

The Case of Courtney, an Attorney

case 186. the case of courtney, an Attorney. " A writ of error pending " may be pleaded to an action of debt on the judgment. Debt was brought upon a judgment in the Common Pleas pending a wit of error, and that matter pleaded in abatement. Holt, Chief Justice. It is hard that a writ of error should supersede execution upon a judgment (a), and not supersede an action to be brought thereupon; for if there be a judgment against a testator who is also bound in a statute, the executor may bring a writ of error and pay the statute, notwithstanding the judgment be afterwards affirmed (b). Powell, Justice. It has been held in the Exchequer-Chamber not to be a good plea, because it is upon another original, and a collateral matter; but that the Court would shew all manner of discountenance of it, and therefore would not hold the party to bail. (a) Bankers are declared liable to the bankrupt laws by 5 Geo. 2, c. 30. (b) See 13 Eliz. c. 7 ; 1 Jac. 1, c. 15; 21 Jac. 1, c. 19; and Exparte Gulston, 1 Atk. 193. Malin v. Eyloe, 2 Stra. 809. Lindgood v. Bade, 1 Atk. 196. (c) See Moseley, 3. 7 Viner Abr. 6, pi. 12, in marg. (a) See Steward v. Eddy, post, 143. 1 Stra. 530. 2 Stra. 992. 1 Wils. 21, 126 138 4 Burr. 1991. 1 Term Eep. 374. (a) See Jaques v. Nixon, 1 Term Rep. 280, and Doe v. Bracebridge, 1 Term Rep. 2, notis.-See also 3 Term Rep. 643. 4 Burr. 2454. (b) Bearblock v. Read, Cro. Eliz. 822. S. C. Yelv. 29. S. C. 2 Brownl 39 S. C. Godolphin, 219. S. C. Co. Ent. 152. 1150 HILARY TERM, 1 QUEEN ANNE. IN B. B. 7 MOD. Ml. Holt, Chief Justice. Though it be a new original, yet it is no collateral matter, but the judgment...

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