« ForrigeFortsett »
Scire facias on recognizance forfeited on a writ of privilege against bail, becau'e
they had not the defendant in court to satisfy plaintiff after recovery had by cognovit aélionem, Oj. Br. 311. Pl. Gen. 192. On a recognizance upon privilege
against defendant and his bail, and an elegri awarded, Bro. Met. 351. Soie facias after the year and day against bal in debt, and for damages; Cl. Min.
41.08. Br. 277. Plea, that no capias al fatisfaciendum iftued againit the detendant, according to the cutiom of the court, 1. 1nj1. Cl. 243. Reprication fets
out capias ad fatisfaciendum. Plea by bail, nutriel r.cord. Replication, quod habetur, 1. Int. Cl. 250. Entry of a judgment by default against a cognizor ou a n hil returned, 1. Br. 261. Scire furias on recognizance taken in B. R. Han. 237. Pefore a judge of C. B. br.
Mlét. 340. 344. Count on a recognizance taken before chief justice of C. B.
Plea, nultiel record. Replication, that there is, Ero. R. 433. Entry of a judgment on fciri fuins, when cognizor on feire jecias returned appear.
ed, and conteiled, 011. Dr. 262. Scire facias against defendant, and one bail on capius in debt, Ibid. 263. By ex
ecutor, 269. Against one bail only in a writ of error in B. R. 263. Scire facias against two bail, and defendant on original in debr, 0jt. br. 270. 1. Bre.
319. On special bail in debt, Ibid. 325. After judgment obtained, Op. Br. 277. Scire facias against bail in cafe after judgment, Lrs. Niet. 342. Scire facias againit bail of a judgment in county of city of Yo:k. Plca, that ori.
ginal is in the county of York at large, and no original in he county of the city. Replication, by capias, an original in B. directed to the therift of York, and laid and declared on in the county of the city. Rejoinder, no judgment against the principal laid in the county of York confesses that there was a recovery in the county of the city, and traverses that in such case bail is liable. Demurrer and
judgment for defendant, Liv. Ent. 170. Against bail where plaintiffs brought original in debt, and defendant appears, and
judgment by nil dicit, and death of one of the plaintiffs, Bro. i'nd. 578. Return of five farias against bail, and whil batent nec fane invinti, off. Br. 278. Scire facias of part of debt recovered and damages Of Br. 319. -Prearance and
after imparlance, pleaded rul tiil record. Keplication, tiel ic.ora, and dies daras
to inspect the record. Judgment for plairtiff, C# Br. 278. Againft defendant and two bail
, on a plaint in the borough court of Southwark, remuved by writ of our lord the king by mandate; retura nibil to alias juive facias; defendants appear and plead nulliel recordo Replication, liel recced on the day of suing out first writ oi feire fi cias, which was reinored by writ of crror in B. R.
and day given to bring in the record, Cf. tr. 28.. Scire facias by executor against bail on judgment of debt and damages, Cf. Br.
297 Sciri f cias on a return before justices acknowledged in the county where cognizor
sefíded. Of. Br. 299. Against bail on audita querela, and judgment by default, Off. Br. 300. Plea, by one that he paid the cebt and damages. Replication, did not pay, and
issue; plea allowed by the court, ib.d. Scire facias against defendant, and ba:l appear a d imparl, and judgment by nil dicit,
Cf. Br. 300: Scire facias againft bail of prayees in aid to satisfy plaintiff (in fcire facias to execute
a fine) of the issues in the mean time, Off. Br. 303. Scire fecias and enquiry against the late sheriff for not taking fufficient pledges in
replevin, according to the ft tute, after return had, and return of beasts eloigned,
Of. Er. 305 Return to fcire facias against defendant and two bail, scire facias two bail, and de. fendant non eft inconius, Of. Br. 310.
Scire facias against defendant and one bail, where defendant is outlawed, which was
reversed, and afterwards judgment for plaintiff, Off. Br. 322. Scire fcias by husband and rife on recognizance in C. B. where defendant aspears
and imparls, Of. Br. 327. 325. On recognizance in chancery, and from thence
to B. k. by muit'm45, Off. Br. 329. Scire facias (re:orn babendo) againit defendant and bail, for chattels or the price of
them, Off. Br. 333, 3+5. On recognizince taken, Ibid. 332. Scire facias on recognizance; plea in abatement, that there were more than fourteen
days between the teste and the return, 1. Lut. 24. Demurrer. On a recognizance of bail by H. defendant, at the suit of plaintiff. Plea, that one
cupias at fatisfaciendom ififued in London against H. and non est inventus tefiatum to S. by which defendant was taken in execution and continued until plaintiff requetted tie sheriff to 'let him go at large, por 10:1, &c. Replication, no writ, &c. Rejoinder, writ issued, &c. and concludes to the country. Demurrer and judge
ment for plaintiff, 2. 1.11. 1269. Scire facias against hail. Piea, that principal was taken in execution on a ca. ad ja.
where no such writ in execution, but another writ bad issued, on which non eft ix
ventus was returned, 2. Lin. 1272. Scire facias against bail, defendants crave oyer of the writ of sei. fa. and the recog
nizance is in these words, by which it appears that defenants were bail for O. at the suit of plaintiff, who never administered, but judgment is for him as administrator, and for this variance, and also for that it is not thewn that a ca, ad fa,
issued againfo, Demurrer, but judgment for plaintiff, z. Lut. 1279. Scire facias against exccutors of one bail, and two others on recognizance taken before
commissioners in county of Y. Judgment against two on two nihils returned ; executrix pleads in abatement that the sci. fa. cught to be brought in county of E. refpondras ouffer awarded, and plea that no writ of co. ad ja, iffued against principal before the first writ of sci fa. Replication, that he had sued out ca. ad fa. returnable on the morrow of the Holy Trinity, and non eft in ventus. Rejcinder, that ca. ad sa. was in fact delivered to sheriff after ihe morrow, &c. and lince the return of the first fi. fa. and plaintiff per fraudem, &c. procured sheriff to make the return, and traverses delivery of writ before the day of the return adjudged on. Demurrer, ift, that the action may be brought in Middlesex or York; 2d, that
the traverse immaterial, 2. Lut. 1282. Scire facias against bail for refidue of debt. Plea, payment by principal. Repli.
cacion, non, Thef. Br. 258. Against bail brought by feme pole, who after original judgment took husband. Plea
nul tiel record. Replication, tiel, &c, Thel. Br. 265. Plea to sei. fa. that an elegit was sued out on the fame judgment, goods taken, and
lands extended. Replication, nul tiel record. Rejoinder, habitur and judgineist
for plaintiff, Ibid. 266. Scire facias againAt pleages in replivin before the sheriff's of London, where the plaint
was removed in C. B. by certiorari; the bail prays oy'r of the certiorari and return of the plaint levied before the Periff, and of the count in the huitings. Demurrez
and judgment for plaintiff, Thef. Br. 274. Scire facias against buil in c.fe. Plea, another fci. fa. pending. Replication, nul
tiel record, Ibia. 280. Scire fa:ias on recognizance in C. B. Pa. 546. Pet. Int. 9. Vet. N. B«. 163. Rez.
Jud. 6. 2. Br. 12. 8. 133. Br. 269. 279. in debt, payable on several days, Ra. 546. By executor, It id. 546. Reg. Jud. 25. 58. Ajh. 431. Br. 237. By survivor, 2. Br. 118. On recognizance before a judge out of court, Br. 261.261. 279. Ca. Ent. 634. Moile, 148. 635. On recognizance in an inferior court sent into chancery by ceriorari, and from thence into the Lench, Ra, 547. Ver. Int. 114. Br. 130. In chancery, Br. 130. 3
Against heir of lands on recognizance made by the father, Reg. Jud. 70. Thef 109.
recognizance. Br. 266.
rally. Replication, that the lands were not of a certain annual value, Co. Ext.
turned cattle eloigned, Ro. 569.
fa. Replication, ca. ad sa. sued out, returned, and filed before the issuing of the
firft fii. fa.
delivered, imparlance. 1102 2. 113, 144. Br. 257. Against plaintiff and bail in
defendant, ce. Ene 616. 2. B . 134. Thel, v10. Br. 265. Hır. 50
execution. Replication, that he did not surrender, Moile, 42. That defendant
and judgment against him.. Plea by B. that defendant, after the judgment, paid
the debt and damages to plaintiff. Replication, that he did not pay, Marle, ini.
obtained by plaintiff, 2. Br. 127. By executor, where plaintiff afterwards
tained by nii aici: ly A. lbid. 271.
where plaintiff afterwards did not profecute him ; second, deliverance and arowry
11. SCIRE FACIAS to REVIVE, &c. on JUDGMENT
against HEIRS and TERRE-TENANTS.
Books of PRACTICE,
surviving defendant and terre-tenant.
not seised of any of the premises by the return to the
terre-tenants. Double plea of terre-tenant, that the money
2. R.P..C.B.379. to 389.
Lill. Ent. 391.
tenant in a fi. fr. by the executrix of the executiix of the
ed) of the executor of the recoveror against the heirs and
e executionem non. Sheriff's return no heir nor terre-te-
another fuit yet unreveried,
Lill. Ent. 388.
tioned in the return to the fci. fa.
an action of debt against the terre-tenants of the recoveree
Ibid. 398. to 403.
on a judgment against the heirs and ierre-renanto on a sci.
ecutor tefiatum fci. fa. into Oxford. Defendant appears
that'J. B. being seised in tee of the loft, demised to R. S.
the time of the late king,
Itration; profert and non-tenure pleaded by terre-tenants
2. Ld. Ray, 125+
Suggestion of devaslavit fi. fa. of the goods of the
Lill. Ent. 666. 668.
1b 2. 659