The King against Vaughan

JurisdictionEngland & Wales
Judgment Date01 January 1728
Date01 January 1728
CourtCourt of the King's Bench

English Reports Citation: 90 E.R. 6

IN THE COURT OF KING'S BENCH

The King against Vaughan

11. the king against vaughan. Resolved that a refusal of the oath of supremacy by 3 Jac. 4, incurs a premunire if it be tendred by Justices of Assise and Gaol-Delivery, though it hath not been tendered by the bishop : it was likewise held, that though in the indictment it doth not appear that it was by a Justice of Gaol-Delivery; yet afterwards it appearing iu the placita, it was well enough; and therefore this being upon a writ of error, the judgment was affirmed : this was moved again Hill, term following, and held ut supra; and afterwards P. 34 Car. 2, the Court continued in that opinion, though Jones seemed to dissent; and the King had his judgment, though Saunders took exception; for that the judgment was, that the oath...

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8 cases
  • Mercer against Whall
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    • Court of the Queen's Bench
    • 27 June 1845
    ...pleaded waa proved, if that part amounts to a defence; Morrish v. Murrey (13 M. & W. 52, 57), per Alderson B, (Humfrey cited Cussons v. Skinner (11 M. & W. 161)). The point as to knowledge of the cause of dismissal does not seem to have been argued there. Cur. adv. vult. Lord Denman C.J. no......
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    • Court of Common Pleas
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    ...and intention was not in issue under the replication de injuria. And see Baillie v. Kett, 4 N. C. .638, 6 Scott, 379, and Oussons v. Skinner, 11 M. & W. 161. The judgment of Best, C. J., in Eiley v.. Home, 5 Bingh. 21.7, 2 M, & P. 331, is, however, an express authority in favour of th princ......
  • Horton v McMurtry
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    • Exchequer
    • 25 April 1860
    ...must be either moral misconduct, wilful disobedience, or hdbitual neglect. Callo v. Brouncker (4 C & P 518) He also referred to Cussons v. Skinner (11 M. & W. 161). Cur. adv. vult. mabtin, B, now said-This was an application for a new trial on the ground of misdirection by the Lord Chief Ba......
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    • Queen's Bench Division (Administrative Court)
    • 21 October 1999
    ...choice of all three parties. 9 It seems to me that if this case had turned on the 10 second tier of discretion and Hadley had won but by the skin 11 of its teeth, I would have thought it right to make Hadley pay 12 some costs. First, it failed on the locus standi issue, which 13 would not h......
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