paid before the faid brandy was landed and put on fhore out of the faid fhip or veffel in which the fame was brought and imported as aforefaid according to the form of the ftatute in fuch cafe made and provided, whereas by the law of the land the chief juftice ought to have admitted the faid evidence in this action, because the faid writing or inftrument of condemnation in the faid bill of exceptions fet forth is not conclufive evidence in this action to prove that the duty of excife had not been duly fatisfied and paid before the faid brandy had been landed and put on fhore, nor of fufficient force and validity to exclude the true and real evidence of the fact to enable the said W. D. to maintain his faid action against the faid E. C. for the trefpass aforefaid; there is also error in this, for that by the record and proceedings aforesaid it appears that the verdict given on the faid trial of the faid iffue between the parties aforesaid was given for the faid E. C. against the faid W. D. whereas by the law of the land in cafe the faid evidence had been admitted as it ought to have been the verdict upon the faid iffue fhould and ought to have been given for the said W. D. against the said E. C.; there is also error in this, that by the record and proceedings aforefaid it appears that the judgment aforefaid in form aforefaid was given for the faid E. C. against the faid W. D. whereas by the law of this realm judgment should and ought to have been given for the faid W. D. against the faid E. C.; and thereupon the faid W. D. prays that the judgment aforefaid for the error aforefaid and others in the record and pro ceedings aforefaid may be reverfed, annulled, and held for nothing, and that he may be reftored to all things he hath loft occafion of the fame. THO. DAVENPORT.

on

GENERAL DIVISIONS OR HEADS, AND LEADING
TITLES IN THE CIVIL DIVISION.

VOL.

(See QUARE IMPEDIT and ASSIGN

MENTS in ERROR, poft. and Tidd's Practice, third part.)

X.

Page

Writ of error in quare impedit. (See quare impedit, poft.)
Plea. Replication. Rejoinder.

ASSIGNMENTS IN ERROR.

4. Affignment of common errors in parliament on an infor-
mation in the nature of quo warranto.

4. Affignment of errors in the exchequer chamber; the plain-
tiff in the original fuit called by a wrong Chriftian
name; one of defendants in the original action died
after interlocutory judgment, and before enquiry exe-
cuted, and there is not any fuggeftion of his death,
but judgment given against him and the other defend-

ants.

5. Affignment of errors in B. R. of matter in fa&t and matter
in law, (to wit, that judgment was erroneous, and
that infant appeared by attorney), for which defend-
ant in error demurs. Demurrer and joinder.

6. Affignment in error, that defendant's plea was not fufficient

VOL.

X.
Page

to bar the plaintiff's of their action, but was defective,
and no answer to the plaintiff's declaration, &c.

7. Affignment of errors, that the court refufed to admit
evidence that the defendant had fully paid the duty
payable to his majesty.

1.

Aflignment of errors in ejectment. (See Ejectment and
Joinder.)

2. Affignment of errors in a writ of falje judgment from the
fheriff's court in Somerfetfhire.

3. Affignment of errors in a writ of falfe judgment in the
common pleas at Lancaster.

3. Affignment of errors in ejectment. Declaration infuffi-
cient. Error in giving judgment, No original, cer-
tiorari prayed to certify roll.

Proceedings in Error-Judgments, &c.-and See Scire Facias-
Quare Impedit.

Writ of falle judgment into the county court, and return into
C. B. Schedule annexed to the return, and aflignment
of errors thereupon. Plea in nullo eft erratum,
Suggestion of the death of one defendant, and plea in nullo ft

erratum,

PRECEDENTS in
Books of PRACTICE,
REPORTERS, &c.

2. Cromp. Prac. 407. 411
Lill. Ent. 217

Writ of error, and return thereto upon a judgment in debt
in B. R. brought by the leffor against administratrix of leffee
on leafe for non-payment of rent, wherein after pleading
that inteftate gave her a bond before marriage to leave
her £.1000. and not doing it, the retained affets to fatisfy.
Demurrer and joinder to the plea, and judgment for
defendant in B. R. to reverfe which plaintiff brought error
in the exchequer chamber,

Error from B. R. to the exchequer chamber for inftituting a
fuit by latitat in the former for a trefpafs committed in the
county palatine of Chefter; and judgment in error, that
the action was well brought though agreed it might have
been pleaded in abatement,

Error coram nobis coverture in plaintiff before action brought,

and that defendant was married before action brought
to bufland fill living. General demurrer and joinder.
Error from C. B. to B. R. that the caufe was commenced by
an original claufum fregit, and yet the declaration and judg
ment in an action of affumpfit. Scire facias prayed. De-
fendants appear, and protetting that the original warrant
ed the declaration. Plea, in nullo eft erratum,
Error returnable into B. R. of judgment qui tam in debt in

Lill. Ent. 213 to 217

Ibid. 217

Ibid. 220

Ibid. 221

C. B

PRECEDENTS in Books of PRACTICE, REPORTERS, &c.

C. B. with the record fubjoined, being debt on 10. Ann. c. 9. for marrying without publishing banns, Judgment of non prof. for not affigning errors, Judgment in B. R. for quafhing a writ of error, because improperly brought as well on the judgment against the prin cipal as the award of execution against the bail on fire. facias, Alledgment of diminution in error in a record of a judgment given in the grand feffion of Wales, and removed into B. R.

Certiorari to chief juflice of B. R. on affignment of errors for want of warrants of attorney, who returned there were

none,

Judgment of reverfal of judgment for error in B. R.
Record (complete) of nifi prius of iffue joined in error where
defendant affigned for error that one of plaintiffs died be-
fore trial; the defendant in error appeared and pleaded
that he was living, and traverfed his death before the trial,
Replication, and iffue on the traverfe. Venire and dif-
tringas to the aflizes,

Judgment in B. R. for quafhing writ of error from C. B. be-
caufe the writ did not warrant the tranjcript of the record,
Writ of error coram nobis brought by guardian, affigned for
error, that the appeared by attorney. Replication, of
full age, and iffue,

3. Ld. Raym. N. Ed. 7.

Judgment in B. R. for quafhing a former writ of error from
C. B. because of plaintiff's death after last continuance
thereof. Prayer of new writ by adminiftrator of plaintiff,
which is granted returnable in B. R.
Writ of error on a judgment by an adminstratrix in the time
of the late king, tefted by the archbishop of C. and
and the rest of the guardians and juftices of the kingdom,
and the return of the court of C. B.
Judgment of non prof. in error after two feire facias against
defendant in ejectment, for not affigning errors; it, to
recover his term and damages; 2d, cofts in error,
Petition to the mafter of the rolls for leave to le an original,
Writ of error from B. R. into the houfe of lords, and affign-
ments in error on a judgment for plaintiff on a writ of man-
damus against the bailiff of the borough of Ivelchefter, for
refung to admit the plaintiff into the office of one of the
capital burgeffes, according to his election, and a bill of
exceptions to the evidence at the trial fet forth and pro-
duced to the house of Lords; and prayer, that the chief
juftice who tried the caufe, &c. may appear and confess his
feal, recital of the record, and judgment fubjoined. The
writ of error coram nobis,

Writ of error in the houfe of lords to reverse affirmance in
error in the exchequer chamber of a judgment in B. R. in
debt on 7. and 8. W. 3. c. 2. f. 6. against a returning
officer, for refufing a copy of the poll, &c. Errors affign-

PRECEDENTS in
Books of PRACTICE
REPORTERS, &c.

ed, no warrant of attorney for the defendant to appear.
No venire filed of record. No diftringas, nor bill to war-
rant the declaration on judgment. Certiorari to chief juf
tice of B. R. to certify fame, and his return of bill. Venire,
diftringas, and warrant of attorney of different terms than
fuggefted in the certiorari. Rule by B. R. to amend the
record in the errors affigned. Certiorari to B. R. to cer-
tify to the juftices and barons of the exchequer after the
amendments made, that the record was not erroneous.
Chief justices return thereto; continuance of the bill;
venire; and return. Plea in nullo eft erratum, the record
as tranfmitted into the exchequer chamber. Errors affigned
in nullo eft erratum. Judgment affirmed, and for cofts in
error; and record remitted. Errors thereon affigned in
parliament. Plea in nullo, &c. Order of the houfe of lords
on petition for the plaintiff to affign his error in four days,
otherwife the tranfcript to be remitted. Petition for the
caufe to be heard at the bar of the houfe. Order there-
upon for hearing the fame. The cafe of defendant in
error. Order for affirmance of the judgment, and remif-
fion of the record. Entry of afirmance in parliament to
come in after the continuance of nullo, &c. and to be fign-
ed by the clerk of the parliament. Entry of affirmance of
the roll of the judgment in B. R. to warrant the execution, Lill. Ent. 254 to 268
Record of nifi prius on a writ of error in a judgment in dower
on a verdict for the demandant. After plea of nul seisin,
the plaintiff in error affigns for error," that he was under
age, and appeared by attorney inftead of guardian." Re-
plication,

-

Errors for not defcribing in indictment the part of the road
prefented to be in the parish complained of, nor fhewing
the length and breadth of the part alledged to be out of re-
pair,
Error in an action of covenant on articles of co-partnership,
Return, and proceedings fet out,

Error in an action of debt on bottomry bond. Return. Af-
fignment of errors,

Ibid. 268

C. C. A. 229

2. Mod. Ent. 70
Ibid. 70

3. Ld. Raym. N. Ed. 63

Writ of error and return in affumpfit,
Record of a writ of error from C. B. to B. R. in affumpfit for
lodging of two children by plaintiffs as adminiftrators.
Proceedings fet out. Affignment of errors. Plea in nullo,

نوع

Record of a writ of error upon an indictment for ufury before
the justices of Middlefex. Affignments of errors,
Record of a writ of error and return on an indictment for not
repairing a highway, Return by juftices. Several adjourn-
ments to Prefton in Lancashire, to Manchester, &c. &c.
Plea. Iffue. Venire. At Lançafter feveral other adjourn
ments. Aflignment of errors,

Error on an indictment for not repairing a bridge ratione tenure.
Proceedings fet qut, Affignment of errors,

3, Ld. Raym. N, Ed. 48