OF CASES ARGUED AND RULED AT Nisi Prius, IN THE COURTS OF KING'S BENCH AND COMMON PLEAS, FROM EASTER TERM, 33 GEORGE III. 1793, PRINTED FOR JOSEPH BUTTERWORTH, 43, FLEET-STREET. PREFACE. In the examples of Lord Raymond and Sir John Strange, I might find perhaps sufficient excuse for offering the following Collection to the public. Those great and eminent men thought decisions at Nisi Prius of sufficient importance to be reported, and transmitted to the Profession under the sanction of their names. In the notes which they have left us, they have contented themselves with a short report of the point, as ruled by the Judge who presided at Nisi Prius. From the method adopted by them, I have presumed to depart, by giving the case more at length. This I have been induced to do, from having always found that a mere point, unaccompanied with the circumstances of the case, was neither so satisfactory, intelligible, or useful, as when the facts of the case were given more at large. How important a part of professional information a knowledge of the Law of Evidence forms, every Member of the Profession must feel: with its difficulties those are well acquainted, who at an early stage of professional experience have been called upon as part of their duty, to settle the evidence upon cases which are preparing for trial:-difficulties only to be removed by a close and constant attendance on the Courts of Nisi Prius, where those points often occur, and are fully discussed. In this attendance few have been found to persevere; and of many and important points continually occurring there, which have been heard, canvassed, and decided, every report is lost, or preserved only as a solitary memorandum in a note-book, devoted only to the private use of the compiler. To rescue these decisions from that oblivion to which they would otherwise be consigned, and to preserve them for the benefit of the Profession, is the object at which I have aimed in the following Collection: at the same time I feel, that fidelity in the report can only sanction its reception, utility only justify its publication. In the case of Stonehouse v. Elliott, Hil. 35 Geo. 3. ante 273, in which the plaintiff had a verdict, with liberty for the defendant to move to set it aside, and enter a nonsuit; the motion was made, and it was held, that the action was maintainable, Lord Kenyon having changed his opinion. Vide Samuel v. Payne, Dougl. 858; 6 Term Rep. 315. S. C. ERRATA. Page 270, line 6, for plaintiff's assertion read defendant's assertion. 282, in mar. line 18, after to pay and read an. 287, in mar. line 11, dele "comma" after soliciting, and insert and before procuring. |