Watson qui tam v Jackson, Boys and Webster
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 790
COURT OF KING'S BENCH
Watson qui tam
and
ers. Jackson, Boys and Webster
watson qui tam vers. jackson, boys and webster. Judgment as in the case of a nonsuit, ought not to be given, unless all the defendants apply for it. Upon a rule to shew cause, why judgment aa in the case of a nonsuit should not be given, it appeared; that the action was for a penalty given by one of the statutes for the preservation of the game; that the defendants had all joined in the plea of not guilty; and that Webster had not joined in applying for the rale. One question waa, whether the 14 G. 2, c. 17, whereby the Court is empowered to give judgment as in the case of a nonsuit: "In any action between party and party," extends to this action 1 It was holden that it does. And by the Court-As no part of the penalty, for which this action was brought, is given to the King, it is, notwithstanding a moiety of the penalty be given to the poor of the parish, wherein the offence was committed, an action between party and party. [23]...
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