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Walter v Stuart

Nominate Series English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1779
Date01 January 1779
CourtCourt of the King's Bench

English Reports Citation: 96 E.R. 542

COURTS OF WESTMINSTER-HALL

Walter
and
Stuart

walter v. stuart. Time of negotiation for a compromise (set on foot by the defendant) not to be computed upon application for a supersedeas. S. C. 3 Wila. 455. Davy moved for supersedeas. On the 18th of October, 1772, the defendant was arrested on a capias returnable crast. Anitn. On the 3d of November he was committed 2 BLACK. W. 919. TRINITY TERM, 13 GEO. III. C. P. 543 to the Fleet. On the 25th of January, 1773, he applied to the plaintiff to be discharged on terms of paying the debt by instalments, which was agreed to, but the defendant failed in the payment. The negotiation was renewed and kept on foot till the middle of Easter term, when it was finally broken off. In Easter vacation the plaintiff delivered a declaration as of Easter term. Gould and Blackstone, Js., (absentib. De Grey, C.J., and Nares, J.,) thought, the rule of Court was suspended during the negotiation, and that the...

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