The Weavers Company, qui tam, v Forrest, and Four Others, in separate Actions
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 93 E.R. 1156
COURTS OF CHANCERY, KING'S BENCH, COMMON PLEAS AND EXCHEQUER
[1241] the weavers company, qui tam, vers. forrest, and four others, in Separate Actions. Ante, 1232. Defendant who has oyer is not bound to insert it in his plea. N.B. It waa held in C. B. (where other like actions were brought) that the words of 7 Geo. 2, being any person or persons, a corporation could not sue as a common informer. The company brought actions as common informers for the penalties in the statute 7 Geo. 2, c. 7, for selling printed callico, and set out their charter, to shew they had power to sue and be sued, with a profert. The defendants demanded oyer, and had a copy of the charter delivered to them; after which they put in the general issue of nil debet taking no notice of the oyer. The plaintiffs made up the issue, and inserted the prayer and oyer at the head of the pleas, and demanded to be paid for it; upon which the Court was moved to expunge it, for though the defendants had a right to see whether the plaintiffs may sue, yet they are not bound to insert the oyer, but may plead to the merits. On the other side it was insisted, that the demand and giving oyer is the act of the Court, whose acts either party has a right to record. And Carthew 301. Ld. Eaym. 969, 1055. 1 Saund. 306. Lutw. 680. 1 Vent, 37. 2 Mod. 189. Cro. Jac. 679. Co. Litt. 260 a. were cited. But the Court held, that if the plaintiffs would...
To continue reading
Request your trial
-
The King (Thomas Ferris) v Justices of Londonderry
...— 10 & 11 Vict. c. 84, section 2. Guardians of St. Leonard's, Shoreditch v. FranklinELR 3 C. P. D. 377. Weaver's Company v. ForrestENR 2 Str. 1241. VOL. II.] KING'S BENCH DIVISION. 747 THE KING (THOMAS FERRIS) v. JUSTICES OF K. B. Div. LONDONDERRY (1). 1903. June 12. _Board of Guardians—R......