Ward v Rich

JurisdictionEngland & Wales
Judgment Date01 January 1726
Date01 January 1726
CourtCourt of the King's Bench

English Reports Citation: 86 E.R. 72

IN THE KING'S BENCH, EXCHEQUER, COURT OF CHANCERY

Ward
and
Rich

ward versus rkjh. 2 Saun. 169. 1 Lev. 299. Fide antea 37. Ward brought an action againat Hatton Rich de uxore abductaand keeping of her from him, usque such a day, which was some time after the exhibiting of the bill, and concluded contra formam statuti. After verdict for the plaintiff', it was moved in arrest of judg-[104]-ment, and the declaration was held good notwithstanding the impertinent conclusion of contra formam statuti, there being no statute in the case. Secondly, the Court resolved, that judgment should be stayed ; for the jury shall be intended to give damages for the whole time mentioned in the declaration : as in trespass, with a continuando to a day after the writ brought, the plaintiff shall not have judgment after verdict, which gives damages by intendment for the whole time declared for. And Twisden said, these two cases were resolved : a tradesman brought an action in an Inferior Court for slandering of him in his trade, by which he lost his custom...

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10 cases
  • Hambleton v Veere
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1845
    ...plaintiff, judgment was arrested, because the jury must be intended to have given damages far the whole time mentioned in the declaration. 1 Vent. 103, Ward v. Rich. So in trespass and false imprisonment, the plaintiff declared that the defendant imprisoned him the 1st of October, 9 W. 3, a......
  • Bennet v Talbot
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1795
    ...be no Act of Parliament at all, and the plaintiff con cludes contra, formam statuti pnedict., it is only surplusage. This was Ward's case, 1 Vent. 103. Here an Act gives an increase of costs, and in that only restores the common law, which was taken away by the Stat. 22 & 23 Car. 2. The que......
  • Lee against Clarke, in Error from C. B
    • United Kingdom
    • Court of the King's Bench
    • 21 May 1802
    ...though now it is deemed sufficient for the declaration^ shew a case within the statute; but still it must conclude contra formam statuti, 1 Ventr, 103; otherwise the question could never have arisen in many cases, whether the [335] conclusion should have been contra formam statuti or statut......
  • Webb v Turner
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1795
    ...damages had been given for an imprisonment long after the action was depending. And 2 Saund. 169. Salk. 662. 5 Mod. 286. Cro. Jac. 618. 1 Vent. 103. Hob. 189. Garth. 386. 3 Lev. 246, were cited in support of the objection. But for the plaintiff it was argued, that the continuando in this ca......
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