« ForrigeFortsett »
Ibid. 320 Ibid. 339 Ibid. 344
Ibid. 347 Ibid. 357
PRECEDENTS i# Books of PRACTICE,
REPORTERS, &c. original ; no warrant of attorney ; feveral certioraris prayed; rule to return them; no error ; judgment attirmed,
and Dis. 238 to 245 Declaration in replevin for taking plaintiff's cattle, the de.
fendants plead property in a ftranger, and for a return make cognizance, as bailiffs to A. and B. for damage feafant in their freehold; replication, and issue on the property,
Hunt's Rep. and Dis. 276 Declaration for taking goods and chattels in a dwelling house ; avowry, for rent in arrear,
Mor. Pr. 590 Pleas in bar; iit, that the defendant of his own wrong took
the goods and chattels ; 2d, that plaintiff was not tenant
of the house to defendant, Declaration in replevin for taking plaintiff's cattle,
2. Wilk. Rep. 155 Count in bomine replegiando ; plea, non cepit.
2. R. Pr. C. P. 319 Count in homine replegiando ; plea, non cepit. Verdict for the
plaintiff one hundred pounds damages,
Ibid. 368 way, Declaration in replevin, for seizing wreck on the sea fhore,
Lill. Ent. 349 Declaration in replevin, for straw, pease, and hay,
P1. Afl. 463 D.claration by original in B. R. in replevin, for cattle seized, Declaration in replevin, for seizing sheep, Declaration in replevin, for seizing wheat in shocks in plain
tiff's fields, called Gale's Orchard, and the Great Close in
Hefton Westfields, Declaration in replevin, on a re. fa. lo. in order to have costs where the damages are under forty shillings,
Lill. Ent. 375 Declaration in replevin, for a silver porringer; cognizance
by overseere, for a poors rate; replication, de injuria jua Gilb. Dift, and propria,
Rep. by Hunt. 236 Declaration for taking a mare in the highway,
Ibid. 238 Declaration in replevin, in K. B. for seizing goods and chat
tels for rent in arrear, Declaration in replevin, for taking cattle, Declaration in replevin, for taking a cow,
Ibid. 257 Declaration in replevin, for taking plaintiff's cattle,
Ibid. 263 Declaration in replevin, for taking plaintiff's goods; de
fendant pleads property as to part, and non cepit as to the
remainder, Declaration in the common pleas, in replevin, for a mare
taken in the king's highway; cognizance as bailiff of lord L. the locus in quo the freehold, the mare there damage feasant; and traverses the taking in the king's highway; plea to the cognizance, that he did take in the king's highway; general demurrer to the plea; joinder; continu.nce by cur, ad. vult. ; judgment for the plairtiff in replevin; award of injury, and return, and final judgment
Ibid. 471 Ibid. 475
Ibid. 245 Ibid. 249
PRECEDENTS IN Books of Practice
REPORTERS, &c, for damages and costs; assignment of errors in B. R. ift, general errors; 2d, no original ; 3d, no warrant of attorney; seve!. I certioraries; prayed rule to return them chief justice and custos brevium of common pleas non mifit breve; in nullo ift erratum pleaded, and judgment affirmed,
and for cofts in error, S. P. 415. Lill Ent..351. 2. R. Pr. C. P. 368 to 375 Declaration in replevin for taking plaintiff's cattle; iftcog
nizance as bailiff to J. W. S. acknowledges the taking the
, Rep. 155 to 163 Declaration in replevin for seizing a cow in a place called
the lane; cognizance for a distress for a fine at a court leet in the manor of S. belonging to R. F. upon a custom to chufe a constable, ftates that the plaintiff was chosen conftable and refused to take upon him the office ; general demurrer and joinder,
Lill. Ent. 369 Declaration for taking goods and chattels in a dwellinghouse; avowry, for rent in arrear,
Mor. Pref. 590 to 594 Pleas in bar, ift, that defendant of his own wrong took the
goods and chattels; 2d, that plaintiff was tenant of the
house to defendant, Declaration in replevin in B. R. for taking household goods;
avowry, that tenant in fee of locus in quo, being a lot of land demised to defendant for a term of hfty-one years, whereupon he entered and built a house, where, &c. and demised the same to plaintiff for a year, at a rent payable
PRECEDENTS is Books of PRACTICE
REPORTER S, &C. quarterly, and that he disrained for three years rent in arrcar; replication, no rent in arrear, and iilue,
Lill. Ent. 356 Declaration for cattle taken in several counties, Her. 629. For cattle taken, Ra. Ent. 554. št. o. co. Ent. 570. 573. 596. 593.601, 603. tog.
Wilk. 281. 1. Co. 54. 67. 2. Co. 27. Plo. 269. P. 10. E. 3. 45. Vet. Int. 47. 200. 211. 1. Br. 20. 22. 3. Br. 339. Ajh. 208. 1. Bro. 304. Tho. 264. 266. Ro. Ent. 141.405. Ii. Ent. 812. 816.825. 836. 840. 868.879 920. 2. San, 194• 283. Bro. R. 415.42 1. 2. Ven. 131 145.224. 2. Lut. 1131. 3. Lev. 120. 141.
Infi. Cl 423. Lev. Ent: 154. ; and goods, Ra. Ent. 128.557. 568. Upper B. P. 114. Her. 666. For a gelding taken, Wi. Ert. 859. 860. 3. Br. 267. Her. 652.661. For steers
or bullocks, H. 4. E. 3. 25. For one ox, Wi. Ent. 939. For two, 2. Lut. 1131. For a horse, Wi. Ent. 870. For one sheep, lb. 937. 2. Lut. 1237.; sheep and lambs, lb. 1139. 1231. For a mare, Wi. Ent. 849. 886.911. Bro. R. 414. Co. Ent. 591.600. Of heifers, 2. Lut. 1157. 1238. Of cows, Wi. Ent. 817. 826. 872. 9:8. 2. Lut, 115l. 1190. 3. Lev. 141. of beasts taken in two places, 2. Inft
. 533. 3. Br. 316. 325. Her. 679. Co. Ent. 585. Wi. Ent. 835. For beasts taken in the county of S. and chased into the county of K. and there im
pounded and replevied, Her. 629.680. For beasts taken and impounded at B. in the county of E. parcel of the honour extende
ing into the counties of E. and H. and the court held in the county of H. from whence the plaint was removed by accedas ad curian, Her. 629. Br. R. 419.
certiorari. For beasts taken one day and replevied the next, Her. 645. For cattle taken in plaintiff's custody, 11. H.4.17. 24. Declaration against a person for cattle taken by him, together with another, Co. Ent.
600. M. 5. E. 3. 3. 2. Iuft. 533. For cattle, goods, and chattels, Clift. 640. By an abbot, for cattle taken in the time of his predeceffor, 9. H. 6. 2;. Declaration on a second deliverance of cattle taken, Ra. Ent. 572. Co. Ent. 589.595.
4. Co. 6. 8. Co. 102. Plo. 845. P. 4. E. 26. P. 10. E. 3. 41. 3. Br. 267. 279. Her. 590. Ajh. 389; 401. Wi. Ent. 823. 875. 895. 926.954. 3. Lev. 105. Pl. Gen. 558. 2. Int. Cl. 423. Of beasts as yet derained, Ra. Ent. 572. 559. Co.
Ent. 610. Vet. Int. 48. in two places, Ra. Ent, 567. 572. Upper B. P. 112. Declaration in replevin on a plaint removed by certiorari and mitumus, 3. Br. 355. For cattle taken in one vill and impounded in another, and ftill detained, Upper
B. P. 114. For cattle taken, and part thereof detained, Rn. Ent: 554. 558. Mo. Intr. 303. C.
Ent. 611.613. Of goods, 1. Br. 159. For cattle taken and detained until, &c. and of other cattle and goods taken and detained, Ra. Ent. 567. 2. Br. 206.
Upper B. P. 86. Declaration on pluries replevin of cattle taken in divers places, Ra. Ent. 560. Upper
B. P. 113. In one place, 3. Br. 311. For cattle taken, the price of them mentioned in the declaration, z. San. 320. Oi
goods and chattels, 2. Lut. Ent. 1147. Declaration wherefore detains twenty sheep until, &c. and four Theep, residue there
of, he as yet detains, Pl. Gen. 601. For five mares and one filly, 3. Lev. 105. For goods and chattels taken, Wi. Ent. 837. 2. Lur. 1147. 1155. Lev. En:. 112.
For chattels, Vet. Int. 240. 3. Br. 306. By administrator, for chattels taken in time of inteftate, Ra, Ent. 560.
For one load of hay, Wi. Ent. 850. A cart, 2. Lut. 1174. For fix casks of allum,
1. San. 187. Two pigs, 2. Lut. 1144.
into the hands of the prothonotary to satisfy plaintiff, Wi. Ent. 906.
ticari, Br. R.419.
calves which the cows brought forth in the mean time, Mo. Int. 236.
W.; replication by way of eftoppel, that defendants had twice imparled; and de-
plaintiff thereupon prays that defendant may gage deliverance of cattle, which he
. Similar declaration for ten oxen detained; plaintiff prays that defendant may gage deliverance; as to nine of the cattle gages deliverance, to the other fays he died in pound overt through plaintiff's default; writ awarded to sheriff of delivery of
the catt'e, Ka. Ent. 565. Vet. Int. 47.
ant detained the cattle, and wriç awarded to the sheriff, Ra. Ent. 565. Vet.
paid, and as to delivery of the cattle says, that he impounded them, and after.
a capias fatisfaciendum in witbernam ; declaration thereupon, plaintiff prays
withernam, who finds pledges thereon, and rule that defendant may have them
thereon at the day of subpæna, &c. Mo. Intr. 324. Non cepit chattels ; avows taking cattle, Ra. Eni. 565. Non cepit two steers, and avows taking, H.
3. 25. Plea by one non cepit, the other avows, Ra. En:. 561.565, Upp. B. P. u. Plea, that defendant is feised of a close in the same vill in which he took cattle da.
mage feasant, and traverses the taking mentioned in the declaration ; replication, issue on the plea, Ra. Ent. 554. Wilk. 282. Vet. Ini. 48. Traverse of locus, and makes cognizance taking catile damage feasant, Ver. Int. 244. Afh. 407. Nex cepit to part, 2. Br. 88. Traverse locus, and avows that he is seised of the manor whereof, &c. he took cattle damage feasant; replication, that locus is called as well
by one name as the other, Ra.Ert. 556. Vet. Int. 311. Plea, cepit, in alio loco, in the fame zill, and for return avows in locus of
parcel of the manor whereof he is seised, damage feasant; issue on the locum of
taking, Her. 590. Plea, cepit part of the catile damage feasant in his close, and traverses locus in de
claration, and to residue feofiment to uses and descent to F. issue on the traverse;
and deinurrer to the other piea, Ra. Ent. 554. Plea in abatement of declaration since second deliverance, for that locus in quo is in
another county ; judgment, Ibid. 274. Plea in ejiospel, (to declaration on second deliverance, for cattle taken in two lotis at
B.) for that plaintiff finit counted against defendant of taking in one place,
3. Br. 317. Plea in bar, protehing property in another, for plea cefit in alio loco, Ra. Ezt. 556, That
property of cattle was in defendant, and not plaintiff, and issue, Hir. 657. Of chattels, Ra. Ent. 557. Vet. Int. 53. 93. Her. 677. As to part, property m defendant, and not plaintiff; as to residue, non cepit, upper B. P. 128. 3. br. 436. Non cepit to part, to residue, that property in the horse was in L. and property in the dish in W. and not plaintif, Ra. Ent. 557. Upper B. P. 97. That proper: of the cow was in E. and not plaintiff; and property of two heifers was in l. and not plaintiff, and avows for a return. Ra. Ent. 568. That property of one ram was in defendant, and avows for two rams damage feasani, Her. 4. ; as to part, that property was in J. and defendant cepit as his servant, for residue avows; replica.
tion, that property was in plaintiff, and not in J. Ra. Ent. 567. Upper B. P. 98. Avowry as lord of moiety of the vill, and that caite belonged to R. and not to plain
tiff, and defendant took them damage feasant; plea in bar, that locus in quo, &c. is soil of plaintiff in severalty, and that cattle departured by him for prófit, and so the cattle belonged to him ; replication, that locus in quo is waste and held in com
moti, T. 3. E. 3. 37. Plea in abatement after hearing plaint returned by sheriff, upper. B.P. 95. Plea, that pl intiff delivered to him chattels for safe custody, in which case plaintiff
ought to prosecute detinue, and not replevin; replication, de injuria, &c. and
traverses del very, Ra. Ent. 569. Plea in abatement (by chaplain of Canterbury, after demanding to hear the plaint
certified into court by ricordari). for that the chaplain is not a name of dignity,
and judgment for defendant, Ra. Ent. 570. Plea, that locus of taking is in another county, in abatement, Jud. 274. Plea (to Count on second deliverance of cattle taken in trvo places in B.), eztepe', for
that plaintiff first counted of taking in one place in E. 3. Br. 397. l'lea in abate
ment by one; the other avows, Ra. Ent. 569. Plea, non cepit to replevin againit R. and M. his wife, and W. by R.; plea by M.
that she is the wife of E. ; cognizance by W. as bailiff of E. and M. his wife; replication, that M. is not the wife of E. Her. 658. Cognizance as bailiff
, for damage feasant; plea, non ballivus, Her. 604: