Witham and Dutton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1724 |
| Date | 01 January 1724 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 374
IN THE COURT OF KING'S BENCH
[Ill] WlTHAM AND BUTTON. Bail in error. Trespass and false imprisonment: there was a demurrer to part, and a verdict for the residue; the jury gave 5001. damages on the demurrer, and but a shilling on the verdict, and a writ of error being brought, the question was, whether the recognizance should be for Is. or for the whole; in this case the damages on the verdict were released, and execution taken out for want of bail on the writ of error, according to the statute of 16 and 17 Car. 2, and a motion was made for a supersedeas. Curia. Bail ought to be for the whole, and there was a case in C. B. in trespass, for the mean profits resolved accordingly; but it is objected, that the statute ought to be intended of damages on verdicts, and not on demurrers; to which Holt and Dolben answer'd, that the bail ought to justify themselves to be sufficient, as well for the damages on the demurrer, as on the verdict; and if no bail be put in, the writ of error is no supersedeas, and execution may be taken out. A man was arrested on a writ returnable die Martis prox' post quinden' Pasehss, where the term began on Wednesday. Ch. J. The writ is ill, yet the party is in custody, and he hath made it good by accepting a declaration; but, however, he ought to be discharged on common bail; and he likewise said, that altho' the writ was ill, yet the officer is...
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