| 1410.016 |
1410 |
Common Pleas |
Trespass |
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Norton, Richard Sjt
Hill, Robert JCP
Thirning, William CJCP
Hankford, William JCP
Norton, Richard Sjt |
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Statham Discontinuanz 14
Fitzherbert Judgement 71
Brooke Assise 56 |
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| En un briefe de Trespas, al Nisi prius le defendant fuit trove culpable a certeins damages, |
10 |
At Nisi prius, defendant was found guilty.
Defendant's counsel pleaded that defendant appeared by attorney without warrant of attorney. |
Sjt Norton Pur le defendant vient & dit
Thirning CJCP: Ceo soleit estre (= used to be, was wont to be) le ley, mes ceux en Banke le Roy teigne, que le party de son default demesne en tiel case avera briefe d'error
Hankford JCP to Sjt Norton: vous veignes trop tarde, car judgement fuit done icy heri |
Hill JCP: I saw once in a writ of Formedon, that it was found for the demandant, and before judgment was rendered, it was alleged on the part of the tenant, that he had appeared by an attorney who had no warrant, and notwithstanding this, the demandant had judgment to recover.
A similar case was 1402.008 = Hil. 3 Hen. 4, pl. 8, fol. 10b (Trespass)
Thirning CJCP in a writ of Error with a similar argument in 1406.066 = Trin. 7 Hen. 4, pl. 5, fol. 16a
Thirning perhaps referred to affirmance in King's Bench of a judgment on an irregular warrant of attorney in 1406.105 = Mich. 8 Hen. 4, pl. 6, fol. 3a-6a and 1407.009 = Hil. 8 Hen. 4, pl. 9, fol. 21 and 1407.026 = Mich. 9 Hen. 4, pl. 5, fol. 24b (of 8 Hen. 4) - 1a |
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Statham Discontinuanz 14 added that it seemed that there was no other remedy in a personal plea, except a writ of deceit, and no more was there in a plea of land, etc. |
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Nisi prius
Guilt
Damages
Appearance
Attorney
Warrant of Attorney
process
Judgment
Verdict
Formedon
Allegation
Recovery
King's Bench
Error
Truth
Ouster
Assize |
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