The Case of Sir Miles Hobert and William Stroud, Esq
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 783
IN THE KING'S BENCH.
[209] case 4. sir william courtney against sir kichard greenville, Knight. In debt on bond, the omission of per SKriptum obligatorium is aided after oyer by a plea " quod solvit; " and verdict for the plaintiff. Post. 288. 363. 18 Edw. 4. pi. . 8 Hen. 7. pi. 71. 1 Co. 45. 7 Co. 25. a. 8 Co. 133. b. 3 Lev. 234. Cro. Eliz. 737. Cro. Jac. 420. Lut. 1667. 6 Mod. 306. Salk. 463. Co. Lit. 303. b. 5 Com. Dig. 59. 244. Error to reverse a judgment in the Common Pleas in debt. The plaintiff declared, that the defendant, 18 May, 4 Car. 1. acknowledged himself bound to the said Sir Richard Greenville in two hundred and eighty pounds, solvendwm upon request, et prof art hie in curiA saiptum prcedictum quod debitum prcedictum in forma pnedictd testatur, cujus dat. est eisdem die et anno. The defendant demands oyer conditionis scripti obligatm'ii prcedicti; which being read, he pleads payment. And isaue was joined thereupon ; and judgment given for the plaintiff. The error assigned was, because he doth not declare according to the usual course, quod per scriplum obligatorium concessit, nor any writing mentioned in the former part of the declaration : so it doth not appear to the Court that there was any writing obligatory; and that being faulty in substance, no plea or verdict may make it good. But all the Court were of opinion, because he shewed the writing, whereby he demands the debt, and the defendant by his plea shews that it is an obligation with a condition, and issue is taken thereupon, and found for the plaintiff, that the declaration is good enough; at least it appears to the Court, that the plaintiff hath a just debt, and good cause to recover. Wherefore the judgment is good, and was affirmed.
English Reports Citation: 79 E.R. 784
IN THE KING'S BENCH.
784 HILARY TERM, 6 CAR. 1. IN B. R. CRO. CAE. 210. cask 6. the case of sir miles hobert and william stroud, Esq. Every place where a person is restrained of his liberty is a prison ; but if a person be committed to a particular place, and instead of confinement within the walls goes at large, he may be indicted for the misdemeanour, although he had the gaoler's permission. Post. 251. Ante, 14. 182. The Court of King's Bench may, by rule of Court, appoint the prison of the Court to be in any part of England. Post. 466.-1 Roll. Abr...
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