| 1443.088 |
1443 |
Common Pleas |
Trespass |
Trespas |
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Wosten-, Philip de, attorney for defendant |
Wetton- clavele, in D. county
D., county of
Harsel |
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Statham Errour 27a
Fitzherbert Utlagarie 24
Brooke Utlagary 25, Misnomer 34, Travers per sans ceo 96, Repleader 20, Exigent 30 (not Hen. 16), Proces 69 (not in margin) |
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| Brief de Transgressioun fuit porte envers W. Barthelope de Wetton- clavele en le County de D. bocher. Que |
18 |
Defendant appeared by attorney and pleaded not guilty.
It was found against defendant to the damages of 10 pounds.
Plaintiff had judgment to recover, and had a Capias ad satisfaciendum.
Process continued until defendant was outlawed.
This defendant appeared by a Capias utlagatam.
This defendant said that on the day the writ was purchased he resided at another place and had another trade, and that he never appeared in this suit in person or by attorney, and prayed to be discharged of his outlawry.
Scire facias was awarded against plaintiff.
Plaintiff appeared by process, and replied (maintained) that defendant resided where and had the trade the writ supposed, and that defendant made an atorney one Hil. Term (1443?) by the name comprised in the writ.
This defendant said that he did not reside (where or have) the trade in the writ, and rejoined that he was not the same person (against whom the writ was brought).
Whether this was a good issue remained pending for a long time on advice.
Now by assent of all the Justices Paston JCP said that this defendant ought to have named the defendant who made his attorney, denying that he was the same person.
The Court awarded this defendant to replead. |
damages of 10 pounds
Paston JCP: among others this issue is not well taken for this case, if they ought to have the issue by this form, he must say which person he was, who made Philip his attorney in this plea, and give him a name, denying that he (defendant) is the same person who made him (Philip) his attorney.
it was said that if he did not appear at this time, a new Capias utlagatam would be awarded against him, and never afterwards ought he take advantage on any of the aforesaid matters, etc.
Query the reason |
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Statham Errour 27a, dated Pasch. 21 Hen. 6, may be this case; see, by Newton CJCP: if one be outlawed, and the Exigent is returned, then he who was outlawed can come on the day of the Exigent and say that he was living in another vill, etc.; and upon that he will have a Scire facias against the plaintiff, because the plaintiff is not demandable after the outlawry; query if he could come on another day, etc.; but it is hard for him to have nay other plea except the plea aforesaid, etc., because that plea does not reverse any judgment, because the judgment is good enough, because he who appears now will be understood to be another person |
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County
Butcher
Appearance
Attorney
Pleading
Not Guilty
Rien Culpable
Finding
Damages
Judgment
Recovery
Capias Ad Satisfaciendum
Process
Continuation
Outlawry
Outlaw
Capias Utlagatam
Purchase of Writ
Residence
Husbandman
Denial
Sans Ceo
Vill
Supposition
Suit
In Person
By Attorney
Discharge
Scire Facias
Award
Maintenance of Writ
Term
Name
Contents
Plea
Matter
Averment
Record
Demand
Receipt
Another Name
Issue
Jury (Patriam)
Taking of Issue
Pending
Length
Advice
Assent
Cause
Case
Form
Person
Naming
Advantage
Query |
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