Toler's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 162
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Pasch. 12 Will. 3, B. R. 1 Ld. Raym. 555, S. C.
162 contempt 1 salkeld, 177. contempt. vide title attachment. toler's case. [Paaeh. 12 Will. 3, B. E. 1 Ld. Eaym. 555, S. C.] Ante, 104. S. C. Holt 153. The writ and suit of an infant is subject only to the direction of the prochein aray, and not of the infant. A. an infant sued a writ of appeal against B. as heir to C., for the murder of C., and D. was admitted as prochein amy to A. after the writ was sued out, and before it was retornable. At the day of the retorn the Court was moved, that the sheriff might return his writ. The under-sheriff in his excuse shewed the Court, that the infant who was plaintiff, with some others his relations, came to him, and required him to deliver back the writ to them, and that he did deliver it accordingly: and it was insisted that it was common for them to deliver writs back to the party when he desired it; and though the plaintiff was an infant, yet an infant might recal the writ, for an infant may disavow his guardian. 2 Bulst. 59. And he may disavow his suit. 1 Eo. 288. Holt C.J. contra. The suit is subject only to the direction of the guardian, and so is the writ. The infant can no more dispose of the writ than he can prosecute it, and he has no more power over it out of Court than in Court. It is true, upon the return of the writ the infant may he nonsuit; and if he appear, he may be nonsuit after...
To continue reading
Request your trial
-
Frederick Henry Collins, an Infant (by Henry Collins, his Next Friend) v Brook
...400), Fitzh. N. B 27 (I.). The suit of an infant is subject only to the direction of the prochein ami and not of the infant: Tolei's case (1 Salk. 176), Vin. Abridg. tit. Attorney (D.) The prochein ami has power to enter satisfaction on the roll : While, v. Hall (Moor, 842). Bobbins v. Fenn......
-
The King against Weir and Others
...gives authority to the constables of Woolwich, within the limits of Woolwich, and not beyond them. In the case of The Village of Charley (1 Salk. 176), Lord Bolt says, "If a warrant be directed to the constable by name, commanding him to execute it, though he is not eompellable to go out of......