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Reports of Adjudged Cases in the Court of Common Pleas During the Time Lord Chief Justice Willes Presided in the Court [1737-1758]; Together with Some - Softcover
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1800 edition. Excerpt: ... issue joined as to the rest and 1 venire awarded to inquire of damages on the demurrer as well as to try the issue the jury did not inquire of the damages 1,(i) Barnes 155. Cm. Res. 548. on the demurrer, in all these cases there must be a venire faci-1742. as de novo; and that in the last cafe it could not be helped by-j-/ a writ of inquiry, for the jury must pursue their authority and Eroaotry every thing that they are directed to try, otherwise their itx verdict is defective and there is no other remedy but a venire jPJ. facias de novo (a). But the present case is very different; for here the jury have found a verdict on both issues, and there is no default in them; and therefore there is no difference between this and the cafes cited for the plaintiff, only the judgment must be entered in a different manner, that is, judgment for the defendant on the issue that is found for him, and an interlocutory judgment for the plaintiff as to the other. This gave us an occasion to inquire how the judgments are entered in these cafes, and how the judgments ought to be entered in the present case; we therefore enlarged the rule, that precedents might be laid before us, and that the postea might be b ought into court before we directed how thejudgment should be entered. It was said by the officers that in the cafe of Craven v. Henley the judgment was entered up without taking any notice of the verdict, as upon the defendant's confessing the trespass, which we thought very wrong, and therefore ordered that matter to be inquired into, that if it were so and the judgment not actually entered on record we might rectify it, which otherwise we could not do after the term in which the judgment was pronounced. Two precedents were cited of the entries of...
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- PublisherRarebooksclub.com
- Publication date2012
- ISBN 10 1231906308
- ISBN 13 9781231906309
- BindingPaperback
- Number of pages298
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