Wright qui tam v Horton

JurisdictionEngland & Wales
Judgment Date01 January 1816
Date01 January 1816
CourtHigh Court

English Reports Citation: 171 E.R. 510

IN THE COURTS OF KING'S BENCH AND COMMON PLEAS

Wright qui tam
and
Horton

S. C Holt, 458. Subsequent proceedings, 6 M & S. 50.

[400] wright qui tam v horton. (In a qui tarn action the Court will after verdict direct a similiter to be entered, although the ob]ection founded upon the want of it was taken at the trial. A general allegation in an action for a penalty for acting as a magistrate without a qualification, following the words of the statute, without specifying any particular act, is good after verdict.) [S. C Holt, 458. Subsequent proceedings, 6 M & S. 50.] This was a qm tarn action against the defendant, to recover a penalty of £100 for having acted as a magistrate without a sufficient qualification It was objected on the part of the defendant, that the Court could not proceed in the trial of the cause, inasmuch as the similiter was wanting upon the Nisi Pnus recordr which issued from the Court of King's Bench But Wood., Baron, proceeded to try the cause, and the plaintiff had a verdict for the penalty. Bichaidsork, in the ensuing term, having obtained a rule to arrest the judgment, or to award a new trial, and the plaintiff having obtained a rule nisi for amending the recordj by adding the simihter ; it was contended on the part of the defendant, that tie defect was not cured by any of the statutes of jeofails, since they did not in general extend to penal actions, and therefore that the case of Harvey v Peake, Burr. 1793, was not applicable , and the case of Heath v. Walker, Str 1117, was relied upon, where, upon a similar objection, the Court refused to proceed. The issue in this case agreed with the Nisi Pnus record, and if the roll was right, but the Nisi Pnus record wrong, the verdict [401} ought to be set aside, since the Judge had no...

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2 cases
  • Wright v Horton
    • United Kingdom
    • Court of Common Pleas
    • 1 January 1817
    ...English Reports Citation: 171 E.R. 305 IN THE COURT OF COMMON PLEAS Wright and Horton S. C. 1 Stark. 400. Subsequent proceedings, 6 M. & S. 50. HOLT 40. WBIGHT V. HORTQN [458] wright v. hoeton. (1. A person who has qualified for the office of a justice of peace, and acts as such, must have ......
  • R v Rushworth
    • United Kingdom
    • High Court
    • 1 January 1816
    ...no power to make such an order as this, and if such a one had been made, the treasurer ought not to have obeyed it. 510 WRIGHT V. HORTON 1 STARK. 400. The prisoner was accordingly acquitted on this and another similar indictment (a). Hey wood, Maude, and Richardson lor the prosecution. Will......

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