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Modern Reports, Or, Select Cases Adjudged in the Courts of King's Bench, Chancery, Common Pleas, and Exchequer Volume 2; 1663-1755

Modern Reports, Or, Select Cases Adjudged in the Courts of King's Bench, Chancery, Common Pleas, and Exchequer Volume 2; 1663-1755


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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. 1793 Excerpt: ...that he did not take advantage of it before. 1. Roll. 1. B.ic Abr. Jir. 545. 5si3 But Atkins and Scroggs, 'Justices, were of another opinion;!.vent. S3. they agreed that if an action be brought in an inferior court, if it Luc. 1567. be not said to be infra jurisdiction em curia, they would never pre-9-Mod-95fume it to be so, but rather to be without, if not alledged to be I0-jj!1"?' 7_'within the jurisdiction (cj, and here in the plea it is not shewn at all; 'g# ' '4so that as the cafe stands upon the plea, the proceedings are coram stra. 256. 567. nonjudice, and there is no legal authority to warrant them, and 786. 794-827. by consequence the officer is no more to be excused than the party, Ld-Rl)f-axI because also it is in the cafe of a particular jurisdiction: and so 23" it hath been adjudged upon an escape brought against an officer of an inferior court, wherein the plaintiff declared that he had brought an action upon a bond against S. in the court of Kingston, and that he had judgment and execution, and the defendant suffered him to escape; this declaration did not charge the defence 2. Len.Sc). 4. Leon. 78. Stra. (b) Ante, 29. 69. (c) See 1. Turn Rsp, 151. O 2 dant, Marti.n And Hadlzy. BiocimoK dant, because the bond was not alledged to be made infra jurifagainst diclionem curia; for though such an action is transitory in its nature, yet the proceedings in an inferior court upon it are coram non judice, if it do not appear to be infra juris diclionem, I. Roll. Abr. 809. though in the cafe of a general jurisdiction it might be otherwise. But here the rejoinder doth help the plea; for the plaintiff having replied, that the trespass was committed out of the jurisdiction, and the defendant having rejoined, that he had alledged in his declaratio...


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Product Details
  • ISBN-13: 9781130420401
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 178
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 113042040X
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 327 gr


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Modern Reports, Or, Select Cases Adjudged in the Courts of King's Bench, Chancery, Common Pleas, and Exchequer Volume 2; 1663-1755
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Modern Reports, Or, Select Cases Adjudged in the Courts of King's Bench, Chancery, Common Pleas, and Exchequer Volume 2; 1663-1755
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