Modern Reports, Or, Select Cases Adjudged in the Courts of King's Bench, Chancery, Common Pleas, and Exchequer Volume 10; 1663-1755

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1795 Excerpt: ...con- trespass, ' and dition of the bond varied from the writ. The Writ was, "toan- also a bill," " swer the aforesaid John Rench of a plea of trespass, &c. ec etiam hsood, although " Mice ipfus fohannis;" which words " ipstus fohannis" are the writ be, omitted in the condition of the bond j and that this statute, being ' c ci j made to prevent oppteslion, W2S to be taken strictly y and several " Jl!hr'cafcs were cited (a) to prove, that the least variation or addition to the condition of the bond not warranted by the statute makes the whole bond void. But the cafe chiefly relied upon, as a cafe in point, was Moore v. Finch (i), where the action was debt upon bond, conditioned " to appear before his Majesty at Westminster " to answer A. of a plea of trespass, and also of a bill to be exhi' bitecj against h: m for a hundred pounds j" the defendant pleaded the statute of 23. Hen 6. and shewed, that the writ was to appear ccram dom. rege at Wcjlminster, ls. and the plaintiff demurred; C 3 an uPon argument, tne opinion of the Court was against the plaintiff, because the condition of the obligation was to appear before his Alajefly; whereas it ought to have been corarn dom. rege: and because it was not said in the condition, whose bill he is to answer; for it should have been " ipstus A." Branthwayt, Serjeant, insisted, that it must be intended the bill of the plaintiff and quoted cases to shew, that bonds varying in some minute circumstances from the statute have been supplied by intendment. In the cafe of Kirkbridge v. Curwan (c), the condition of the bond to appear " before the King's Justices at " Westminster;" it was objected, that this was not the title of the court; ...