The King against James Donithorne, Esquire

JurisdictionEngland & Wales
Judgment Date01 January 1749
Date01 January 1749
CourtExchequer

English Reports Citation: 145 E.R. 724

IN THE COURT OF EXCHEQUER

The King against James Donithorne
Esquire.

724 thf; kino r. donithorne parker, 94. [94] hilary term, 23 ceo. 2, 1749. the king oujainxt james donithorne, Es^mitE. - Where a scire facias is sued out, and a scire feci returned, an extent may issue after the expiration of a rule to appeal1 and plead, without entering any judgment. Mr. Htarkie having moved to set aside an extent as irregularly issued, thero being no judgment entered upon the scire facias, the court referred the regularity of issuing the extent to the deputy -remembrancer ; who by his report, dated the 10th of February 1740, certified, that he conceived that the practice of the court, in proceedings upon writs of scire facias whereon returns of scire feci have been made, is as follows ; (viz.) on a scire feci returned, to give a rule on the said writ of four days at least, for the defendant to appear and plead thereto, or an extent to issue ; and iri case the defendant appears, then to give another rule on the said writ, of four days at least, for the defendant to plead, or an extent to issue ; and in case the defendant doth not appear...

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