Wilson and Others against Hodges and Another

JurisdictionEngland & Wales
Judgment Date20 May 1802
Date20 May 1802
CourtCourt of the King's Bench

English Reports Citation: 102 E.R. 388

IN THE COURT OF KING'S BENCH.

Wilson and Others against Hodges and Another

Referred to, In re Paton, 1885, 53 L. T. 710.

wilson and others against hodges and another. Thursday, May 20th,'1802. Where the issue is on the life or death of a person otfce existing, the -proof lies on the party asserting the death, [Referred to, In re Paton, 1885, 53 L. T. 710.] " In debt on recognizance of bail, the breach assigned was, that Michell the principal had not paid the damages, nor rendered himself, &c. according to the form and effect of the said recognizance. Plea; that after the judgment, &c. and before the suing out the writs of scire facias, and before the return of the writ of capias ad satisfaciendum against 313] Michell upon the judgment, he Michell...

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7 cases
  • Doe dem. Knight against Nepean, Bart
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1833
    ...time when the Statute of Limitations is running. On the other hand, if we were, for the sake of preventing 728 GIBSON V. WINTERWilson v. Hodges (2 East, 312), where Lord Ellenborough refers to Throgmorton v. Walton (2 Roll. Rep. 461), for the same point. The presumption as to this fact has ......
  • Clarke v Davies
    • United Kingdom
    • Court of Common Pleas
    • 1 July 1816
    ...P. 8 G. '2, Cas. temp. Hardwicke, 119. (i)2 1 Ro. Ab. 349, Baron and Feme, Z. pi. 2, line 19. 32 FROST V. BALK 7 TAUNT. 78Wilson v. Hodges, 2 East, 312. TTAUOT.78. CtARKE V. DA VIES 31 This principle ia supported by sound reason : it lies more immediately within the kaowledge of the wife, t......
  • Evans v Winifred Birch
    • United Kingdom
    • High Court
    • 1 June 1811
    ...E / Company, 3 East, 192. N P. i -41* English Reports Citation: 170 E.R. 1289 IN THE COURTS OF KING'S BENCH AND COMMON PLEAS71 *2 Vide Wilson v Hodqex, 2 East, 312 ; Williams v E / Company, 3 East, 192. N P. i -41* English Reports Citation: 170 E.R. 1289 IN THE COURTS OF KING'S BENCH AND CO......
  • The King against The Inhabitants of Harborne
    • United Kingdom
    • Court of the King's Bench
    • 17 January 1835
    ...was evidence (b) 1 Jac. 1, c. 11, s. 2 ; 9 G. 4, c. 31, s. 22. (c) 19 Car. 2, c. 6, s. 2. 212 THE KING t'. ST. JOHN'S, HACKNEYWilson v. Hodges (2 East, 312), the defendants, being sued in debt on recognizance of bail, pleaded the death of the principal before the return of the ca. sa.; and ......
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