Modern Reports Volume 10
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Modern Reports Volume 10

Modern Reports Volume 10


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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. 1795 edition. Excerpt: ...impertinent 5 and upon doing which, the plaintiffmay sign hisjudgment; for he ought not to plead, a that he did not proceed after prohi'= bition, 620." but N that he did not proceed at all." No action g, 2 I lies against a man for suing in the spiritual court, where he has no 3 tight. Prohibition is to the Judge, not to the party; and in this case, this not a prohibition to the first Judge, but to the Judge upon the appeal. A further circumstance of the unreaisionableness of what is asked for, is, that the party desires to have his damages, for the charge, process, and delay occasioned by his own appeal. In a prohibition, two things are to be considered: First, NVhether the party is to be punished? Secondly, Whether he is to be estopped I His not proceeding after the prohibition delivered, prevents his punishment, and excuses him from contempt; but cannot hinder the plaintiff of his judgment. If up n this issue, whether the defendant did, or did not proceed after prohibition delivered, verdict be found for the defendant, no costs is ever given. The late statute about giving costs was unnecessary, if this doctrine had been true. and of no weight. Treason and such like crimes are not to be discovered but by the accompliccs, who will never be prevailed with to give evidence, but in expectation of a pardon. Several ' acts ofparliament have encouraged the discoverv "oscrimes, by the promise ofa pardon. As to the opinion, in Keyling, of LORD CHnzF BARON HALE to the contrary, he was over-ruled by the i: 32'rest of the Judges. S 3 THE Sir Edward Northey, Knt. dttormy General. John Fortescue Aland, Salz'citar General. RIT or ERROR out of the court of common pleas.-If one of two The original action was an action of debt for twenty...


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Product Details
  • ISBN-13: 9781234170219
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 48
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1234170213
  • Publisher Date: 15 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 104 gr


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