The Queen against Layton
Jurisdiction | England & Wales |
Judgment Date | 01 January 1796 |
Date | 01 January 1796 |
Court | High Court |
English Reports Citation: 88 E.R. 1012
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER
1012 TRINITY TEEM, 8 QUEEN ANNE. IN B. K. 11 MOD. 237. case 302. the queen against layton. Judgment in a conviction of forcible entry may be entered by quod finis imponatur, or idea consideratum: if the former, it is removeable by certiorari; if the latter, by writ of error.-S. C. ante, 46, 59. S. C. Fort. 173. S. C. Salk. 106, 353, 450. A conviction of forcible entry removed by certiorari, and the judgment given upon the conviction was, "yuod finis imponatur, &c." The question was, whether the fine should be entered so, or "idea consideratum est?" The Court hold either way was good, there being precedents both ways. If the entry be "quod finis imponatur," then it is removeable by certiorari; if "idea...
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