ing him an unreasonable time without bringing him to a
court martial, at which he was honourably acquitted.
"Firft declaration not fufficient in law to fuftain the action;
fecond, judgment ought to have been given for defendant;
third, damages are affeffed generally, but defendant had a
probable caufe to arreft; fourth, the court of exchequer
had not cognizance of the question; fifth, damages have
been affeffed for the lofs of prize money, to which plaintiff
is ftill entitled; fixth, damages given for delay in bringing
plaintiff to a court martial, for which no action will he,"
Affignment of errors on judgment for plaintiff. Plea by exe-
cutor de fon tort to an action of affumpfit brought by a fimple
contract creditor; that after action brought, and before
plea pleaded, he delivered over the effects to the rightful
administrator, and that no adminiftration was granted till
after action brought and retainer of a debt in a fuperior de-
gree due to him by the inteftate,
Affignment of errors on a bill of exceptions to evidence in
trefpafs, for breaking and entering plaintiff's houfe, and
imprifoning his perfon. Joinder in error,

PRECEDENTS in
BOOKS of PRACTICE,
REPORTERS, &c.

-

Affignment of errors, that plaintiff was profecuted as a feme
jole, whereas fhe was a feme covert. Plea in bar, that the
appeared by attorney, and a capias iffued to take the body,
and the bufband with another entered into recognizance of
bail. Demurrer and joinder,

PROCEEDINGS IN ERROR.

1. T. R. 493

2. H. Bl. 18 to 22

3. Burr. 1750

2. Ld. Raym. 1525

On outlawry in Lancafter, Reg. 133.
By executor on outlawry againft teftator, Ra. 303. 306. On outlawry, where the
record remains in B. R. Reg. 132. By husband and wife on outlawry and wai-
ver, 132. As well in the rendition of the judgment as in the publication of out-
lawry, 7 H. 6. 44.

Error in original writ and firft capias fatisfaciendum. Certiorari awarded to cuftos
brevium, who certifies the writs. Stire facias awarded to defendant, return mor-
tuus, judgment of reverfal, Ra. Ent. 311.

That plaintiff in writ of error died pending the writ, new writ pleaded by admini-
frator, who alledges error in the outlawry, Co. Ent. 153.

That there is another named in the fame original, when plaintiff brought another
feire facias to hear errors, and defendant was not fued thereon, and prays that out-
lawry be reverfed for the errors affigned, and it is, Ra. 295. Non omittas fcire
facias awarded on error in outlawry, Jud. 330.

Judgment that outlawry be reverfed for the errors affigned. and others in the pro-
ceedings, Ra. 303. 311. That outlawry after judgment be reverfed, and judg-
ment fland, Co. Ent. 154. That judgment and outlawry be reverfed after nibil
returned to two fcire facias, Jud. 263.

That immediately on the award of the faid writ of certiorari, before any certificate
thereon made and returned, a writ of fire facias is now awarded to make known
to R. that he be before our lord the king on the octave of Hilary then next,
wherefoever, &c. to hear the record and proceedings aforefaid, the record not
then being fent to our lord the king, Ibid.

That the court of our lord the king in Ireland proceeded to revoke judgment ren-
dered without certifying the original, or any other certificate or aufwer of the faid
juftices of the bench aforetaid thereto as above appears of record, 357-

C 4

That

That the court in Ireland revoked judgment by faid R. S. against the said P.C
when the judgment aforefaid ought to have been affirmed, Ibid.
That plaintiff in his declaration does not fhew with certainty the number of acres
demised, but declares generally of lands in K. when it fhould have been fhewn
with certainty, fo that the faid P. may answer with certainty, Ibid. That plain-
tiff, by his declaration, does not fhew for what caufe, thing, or matter defend-
ant was indebted, and that no good and fufficient confideration is specified, and
judgment thereupon bad, erroneous, and void, 362.

For that the precept of feire facias was only against one bail, and not the other,
362. That it appears of record, &c. that the faid defendant, by his certain bill
obligatory produced in court, confeffes himself to owe, &c. and no writing-ob-
ligatory mentioned in the count or record, 363.

That the attachment pleaded in bar of the action was made pendentelite, and fo the
attachment and judgment thereupon, and plea thereon pleaded, and the faid judg-
ment in the faid town of L. R. thereon rendered erroneous, void, and of no ef-
fect in law, 364. That the mayor and burgeffes of the town of L, R. by virtue
of a certain writ of procedendo directed to them, bearing date as by the record of
the 9th. of June, A. Regni 40. gave judgment aforefaid at their court held 17th.
October, Anno 39. Ibid. 364.

That the mayor, &c. gave judgment in part againft the said John, when judgment
ought to have been for the whole for the faid John, Ibid.

Error in parliament, that in reverfing judgment in the court of the huftings in
London rendered, and alfo in the rendition of the judgment aforefaid in the said
court of huftings of L. thereupon by the faid H. C. against F. G. by virtue of
a commiffion, in this, that it appears that the iffue first was tried by a jury re-
turned from four wards, namely, &c. and by the record aforefaid it also appears
that by ancient cuftom of the city faid trial ought to have been made by a jury
returned from the four wards adjoining the place wafted, &c. Law Err. 317. Bro.
R. 373. 2. San. 351.

Upon venire facias and habeas corpus jur. that the sheriff in the pannel, with the
names of the jury to the habeas corpus, annexed one T. S. who was not return-
ed upon the principal pannel by the late fheriff to the writ of venire facias, and
the writs of record are not certified, Re. Dec. 371. Clif. 328.

That declaration is not fufficient, for that it is not alledged that defendant being
executor, had affets at the time of the promife, and the confideration alledged for
forbearance is nudum pactum, and infufficient, Re. Dec. 389.

That plaintiff brought his bill against defendant as executrix, and that plaintiff
will recover damages of defendant herself, without ftating the goods and chattels
of teftator, if fo much in the hands, &c. Ibid.

That declaration is uncertain and infufficient, and defendant, an infant, appears by
attorney, when he ought to appear by guardian, Mo. Int. 284. Like on a judg
ment by non fum informatus, Clif. 327. Re. Dec. 262. 303.

Errors affigned upon a writ of false judgment in the county court; firft, for want of
a warrant of attorney; fecond, that in praying imparlance it doth not appear by
the record that day was given over until the next court, and fo the action became
difcontinued; third, it doth not appear by the record that the plaintiff is executor
of W. C. for that she did not produce the will in court, Bro. Vad. 276.
Upon a falfe judgment in county court in cafe; firft, that it is not fhewn before whom
the first court was held; fecond, damages laid forty pounds, when court could
not hold plea of forty fhillings; third, court held before the fteward, and
ought to be before the fuitors; four, want of warrants of attorney, 2. Mo. Int.
260. Ro. Ent. 314. 317. 321. &c.

Upon a writ of right; firit, that the record does not state in what county the ma-
nor of H. is, nor that the manor and tenements in the writ fpecified were held
domino regent or dominico regent as of his manor of H, aforefaid; fecond, that by

the

the writ of right close it manifeftly appears that one and the fame court upon one and the fame day, on the appearance of W. himself gratis, that C. and A. counted against him, &c. and judgment was given, and execution ferved on all, and executed when the judgment ought to have been fued out and obtained at several courts held on feveral days, and not on one court on the fame day, &c. 2. Mo. Int. 265. On falfe judgment, that it does not appear that any legal writ of venire facias was awarded, and that judgment for plaintiff ought to have been given for defendant, Clif. 346. and declaration is infufficient, &c.

Error affigned, that one defendant died before trial, 2. Mo. Int. 257. After laft continuance, Clif. 324. 331. That plaintiff in the first action died before verdict, Law Err. 56. Bro. R. 373.

That iffue was in plea of debt and juruta in trefpafs on the cafe, Law Err. 58.

That in record the feveral fums of money are written in figures instead of at large,

59.

No pledges to profecute, want of attorney, original, and issue in debt, and jurata in trefpafs, and fums in figures, Bro. R. 371.

Error affigned for infufficiency of the return of the writ of enquiry, for " that it ap pears by the writ, was returnable on Monday next after the quindenis of Holy Trinity, when the quindena was on Monday, and that in the fame term in faid court, before the king himself, there was no certain day returned, and fo the plaint wholly difcontinued before judgment, Law Err. 131. Bro. R. 370.

That there is a manifeft variance between original and declaration, 1. Bro. 214, Not ftated who was the mayor of the city of C. and that the name of the mayor is left out of the record, 122. For variance between the first declaration of the plea and declaration on which judgment was given against defendant, 2. Bro.

122.

In the exchequer, for that plaintiff, as debtor of our lord the king, brought his bill against defendant before the barons when he was not debtor, as he ought, 123. That the attorney named for the parties was not attorney at the time of the trial of the plea, Ibid. That the jury found C. a defendant, alfo guilty, and in the rendition of the judgment of recovery no mention is made of that C. Ibid. That the iffue whether plaintiff was a freeman or a villain of defendant belonging to his manor of S. in the county of L. was tried by men of the city of London, Re, Dec. 261. That defendant demanded judgment if plaintiff ought to be answered. to his writ; and plaintiff, in reply, fays, that he, by the faid objection, ought not to be barred when from his action, when he ought to have faid that he ought not to be barred from anfwering his writ, Ibid, 262.

Defendant fays, that within age, could not be affigned for error, for that the jury
gave a verdict to the contrary. Plaintiff fays, that it could be affigned that he had
no notice of trial of the iffue taken against him by default. Demurrer, and after
feveral continuances plaintiff pleads release of errors after laft continuance, and de-
fendant non eft factum, and iffue, Ibid. 305, 306.

Error affigned, that defendant being within age ought not to be taken, fined, or
imprifoned, and the entry ought to be nihil de fine, &c. z. T. Jud. 143.
Error in detinue of one bond, for that by the record it does not appear of what date
the bond was, and it does not appear if there was any condition in the bord for
the payment of any fum or fums of money or otherwife, as it ought, Re. Dec..
268.
That it does not appear on what day, and when the faid J. S. in his lifetime request.
ed the faid W. to deliver the faid bond to the faid J. or on what day the faid K. af-
ter the death of J. was fole, or the faid E. and K. after their nuptials celebrated
between them, requested the faid bond, 269.

In detinue, that there is no writ of fire facias issued against T. P. to fhew whether

the

the conditions therein above-mentioned on the part of T. himself was performed
or not, 295.
That when the faid L. brought into court the faid writing, and the writing at the
time of the faid verdict, and judgment thereon remained to be delivered to him,
or whom the court fhould confider the jury impannelled by their verdict, did not
find damages for the detention of the writing, Ibid.

For variance between the original and writ of capias, for that R. in his addition in
the faid original named efquire, and in his addition in the faid writ of capias there-
on ifiued, is named knight, Ibid. 301.

Where plaintiff counted by Gibson, his attorney, and the name of baptifm of the faid
G. wholly omitted, Ibid. That neither the faid J. M. had warrant to profecute
by faid F. A. in faid plea, or did faid R. G. ever have any warrant to appear for
R. G. in the plea, 302. 324. Law Err. 57. Clif. 324. Bro. R. 371.
That it is not certified by the record that plaintiff brought his original against de-
fendant in his plea aforefaid of the debt aforefaid in the record as above fpecified,
fo that it does not appear that the juítices had any legal warrant to hold said plea,
Re. Dec. 323.

That the continuance of the plea is not cerified by any record or return from the
term of St. Michael till the term of the Holy Trinity, fo that was wholly difcon-
tinued before judgment, 324.

That the original writ of the plaint aforefaid was before the juftices of our lord the
king of the bench is filed, and is not returned nor fent before our lord the king,
Re. Dec. 35:

That the writ is not fufficient in law, for that in the fame writ it does not appear
before whom or what juftices, nor in what court of our faid lord the king it is re-
turnable, Ibid.

That the original writ in the plea aforefaid was not entered or purchased until after
the verdict given by the jury in the faid plea of the day of the entry of the judg-
ment, and that the faid being fo infufficient, remains of record before the justices
of our lord the king of the bench, Ibid.

That there was no original to warrant the fummors in the declaration mentioned,
Law Err. 58. Clif. 325. 2. San. 194.

That there are not fifteen days between the day of the tefle of the faid writ of error
returnable before our lord the king in Ireland and the return thereof, and there-
fere all proceedings thereon is without legal warrant, and void in law, Re. Dec.
355.
That on the adjudication of a writ of certiorari, &c. it is commanded to the fame
juftices that that writ be fent to our faid lord the king without delay, together with
this writ, where the adjudication of the faid writ was not that writ, but a warrant
only to make out the writ and mandamus in form aforefaid, 356.

That the declaration is infufficient, and judgment on the verdict infufficient, Lev.
Ent. 88.

IN SUPERIOR COURTS.

Original in Middlefex, for an affault in London, 2. Cro. 479.

Treipa s for a man claimed to be villain, and menacing him, where the action does
not lie, Ra. 288. Debt against an executor on a bill for money laid out in mer-
chandize, "that plaintiff might have his action of account against teftator, and not
writ of debt," Dy. 20. "That the confideration is not fufficient to maintain the
action," Co. Ext. 292.
"That the declaration does not maintain the plaint," 295.
In the declaration there are feveral infufficiencies, 292. Ra. 288. Procefs of out-
lawry does not lie on original, 292. Defect of warrant of attorney, 289. 346.
Dj. 231. 262. Vet. Int. 136. Afb 293. That warrant of attorney was tarde (too
late taken), 8. I 4. 3. That plaintiff at nifi prius appeared by at other than in the
record of the ifue, Her. 315. That defendant in trefpafs being within age, ap-

peared

1

peared and pleaded by attorney, Co. Ent. 289. That no day was given to plaintiff, and fo difcontinuance, 239. For that in effoin not stated in what plea, 264. 266. Death of the king, and no re-fummons, 8. H. 4. 3. Want of appearance, Ibid. Difcontinuance between venire facias and judgment, Ra. 290. That day was not given to plaintiff upon award of enquiry, 292. One of plaintiffs died before judgment. Plea, ftill alive, Ra. 301. Want of original in trefpafs in the po, Co. Ent. 241. In debt, 246. Plaintiff does not answer to the matter, tra verfes, but pleads other matter, 295. Does not answer to plea of fole tenancy, 312. That plaintiff in his count, ftating a fine levied of the advowson of a church and vicarage, does not fet out what cftate by the fine levied in the advowson of the vicarage, 265. That plaintiff counts of an eftate in the advowson by virtue of the fine, and by force of the ftatute of ufes, where the feifin was not by force of the ftatute but at common law, 265. That recital in the letters-patent ought to be pleaded, and not alledged by way of recital, 1. Co. 35. That defendant, by his avowry, does not pray return of cattle or damages, Co. Ent. 293. That dies datus or return of the writ does not appear of record, 238. That the sheriff, on the writ of venire facias, ought to have returned that defendant was jummoned and not attached, 238. That K. K. was impannelled on venire facias, and another of the fame name was put in the diftringas and juruta, 249. 263. 265. That the name of one of the jury impannelled on venire facias was omitted in the difiringas, 249. That venire facias de novo ought to have iffued against the firft jury, and not to impannel a new jury, 396. That venire facias was to try the issue of a plea in quare impedit, where it should be to recognize fi, &c. 265. That trial of iffue of refignation of the church ought to be made by bishop's certificate and not by the country, Co. Ent. 265. That Jury have found only part of feveral iffue joined, and faid nothing to the other iffues, 288. That jury have found matter not charged or contained in the iffue, Co. Ent. 296. That the affize fhould remain to be taken, for that fome of the recognitors had no view, and fome did not come, 21. E. 4. 65. 22. E. 4. 15. That the effoin on the venire facias was not allowed, Dy. 97. That trial by nifi prius was on the effoin day. Defect in the verdict, Co. Ent. 263. That judgment against one of the tenants ought to be refpited, as to the plea against the other fhould be determined, 312. That plaintiff's admiffion within age to fue by prochein ami was not entered in the parliament roll, Upp.

I hat proclamation of baftardy was unduly made, Ra. 289. That notwithftanding the return by the fheriffs of London on fieri facias against executors, that he had no affets. Another writ of fieri facias, with enquiry on devaftavit, was made to the fame sheriffs, Co. Ent. 271. That judgment in a plea of land was against tenant for life, and one prays in aid jointly, where the judgment ought to be against the tenant only, Ra. 345.

That plaintiff pleaded a fufficient plea to information of intrufion, and the attorneygeneral made an infufficient replication, and demurrer to the replication, and yet judgment against plaintiff, Ra. 414. Plo. 566. Afb. 282. Information of intrufion, that judgment on demurrer was given for defendant, whereas it should be for the king, 1. Co. 36.

That plaintiff in debt does not alledge fufficient matter in his replication to maintain his action for the breach of covenant, and judgment ought to have been given for when it was given for plaintiff in the fame plea, Co. Ent. 245.

That the original in formedon did not want form, and if it wanted form it was aided by ftatute after verdict, and judgment ought to be for demandant, Co. Ent. 254. That where judgment in replevin ought to be" that the defendant recover da mages," it should be recover his damages, according to the ftatute, 293. Where judgment was that plaintiff be in mercy for his falfe claim, fhould be, take nothing by his bill but in mercy for his falfe claim, Ibid. That jury gave aforesaid verdict whereon judgment fhould be for plaintiff, and the court awarded a new trial for the uncertainty, 396. That judgment was for cofts on one iffue tried before

the