Vicars v Haydon, Lessee of Carroll, in Error
| Jurisdiction | England & Wales |
| Court | High Court |
| Judgment Date | 03 July 1778 |
| Date | 03 July 1778 |
English Reports Citation: 98 E.R. 1391
IN THE COURT OF KING'S BENCH, CHANCERY AND COMMON PLEAS
vicars versus haydon, Lessee of Carroll, in Error. Friday, July 3rd, 1778. After judgment in ejectment from Ireland affirmed, this Court amended the declaration by enlarging the term, tho' the record was remitted to Ireland.-A writ of supersedeas was issued to the former mittimus, and a new writ of mittimus was awarded to the Judges of B. R. in Ireland, enclosing the tenor of the record so amended. The whole upon payment of costs by the party applying. In Michaelmas term 1762, Carrol, in the name of Haydon his lessee, brought an ejectment in B. R. in Ireland for lands there, and laid the demise to be for 15 years from the 25th of November 1762. In the same term an injunction was granted by the Court of Exchequer in Ireland, at the instance of Vicars. On application to the Court, Carrol was permitted at the Summer Assizes in 1768, to try the ejectment, execution being staid till further order ; and the plaintiff had a verdict. A new trial was moved for and refused : whereupon Vicars brought a writ of error in this Court; and the judgment below was affirmed. Carrol proceeding to get possession of the premises, notwithstanding execution [842] had been stayed by order of the Court of Exchequer in Ireland, was, in 1769 prevented from so doing, by further injunction ; and dying in 1770, the injunction bill was revived against his representatives. In Michaelmas term 1777, the cause in the Court of Exchequer in Ireland was heard, and Vicars's bill dismissed...
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Roe on the demise of Lee v Ellis
...Rule absolute, to amend on payment of costs (c). (b) Pp. 8, 17, (8vo ed.). (c) Doe dem. Hard-man v. Pilkington, 4 Burr. 2447 ; Vicars v. Haydon, 2 Cowp. 841,, ace.: but not after the lapse of twenty years since obtaining the judgment; Doe dem.. Reynell v. Tucket, 2 B. & A. 773 ; Com. Di......
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The King against The Commissioners of the Navigation of the Rivers Thames and Isis
...and made the navigation of the part aforesaid less easy and convenient, and diverted the navigation of the river (g) See Vicars v. Haydon, Lessee of Carrol, 2 Cowp. 841; Doe v. Bendell, 1 Chitt. Rep. 535, and the cases there cited. (a) Coleridge J. was in the Bail Court. S AD. a E. 808. OF ......
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Baker and Thompson
...K. B. cited 7 T. R. 82, 1 T. R. 781. See also 1 Bos. and Pul. 425. 3 East R. 329. 8 East R. 268. (3) But see 4 Bur. 2447. 2 Bl. R. 940. 2 Cowp. 841, where amendments in, respect of the form, were allowed on payment of costs. CAB. T. HARD. 187. MICHAELMAS TERM, 9 GEO. II. 107 Fihner, for the......