| 1468.041 |
1468 |
|
Entry |
D' Entre |
attorney (for D)
all the Justices |
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|
|
|
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S., J. or W. of Dale, hypothetical client |
Dale, hypothetical vill
over Dale, hypothetical vill
nether Dale, hypothetical vill |
|
Fitzherbert Garrantie datturney 7
Brooke Garrauntie datturney 33, Misnomer 55 |
35 Hen. 6, fol. 5
8 Edw. 3, fol. 421
19 Hen. 6, fol. 1
21 Edw. 4, fol. 16, 32
5 Edw. 4, fol. 107 |
statute (of additions) |
| Brief d' Entre fuit port vers l' Abbe de Semprinham & il per atturney dit, que il est fondue per le nosme |
7 |
Defendant abbot's attorney pleaded that defendant's abbey was founded by another name than that by which defendant abbot was impleaded.
Plaintiff replied that defendant's plea was contrary to defendant's attorney's warrant, which proved that defendant abbot (son Master) had another surname (than defendant abbot's attorney had pleaded).
By advice of all the Justices, it was awarded that defendant abbot should answer. |
(for P:) cel plee est contrary a son garrant de prover que son Master (= client) ad auter surnosme
all the Justices: Mes lou son Mastre (= client) est nosme J.S. de Dale, il poit dire que ils sont ii. Dales, s. over Dale & nether Dale, car ceo est enlargement de le nosme de son Mastre (= client), car cest parol Dale n' est parcel del nosme, mes un addicion per le statut, &c.
Mes fuit dit, que si l' atturney ad especial garrant il poit plede misnosmer, s. en tiel forme W.S. que est cy enplede per le nosme de J.S. po. lo. suo (ponit loco suo), &c. |
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probably Gilbertine Priory of St. Mary at Sempringham, Lincolnshire. |
all the Justices: but where his client (Mastre) is named J.S. of Dale, he (defendant's attorney) can plead that there are two Dales, that is, Over Dale and Nether Dale, because this is enlargement of he name of his client (Mastre), because this word Dale is not part of the (defendant's) name, but an addition by the statute
but it was said that if the attorney had a special warrant, then he (the attorney) could plead misnomer, that is, in such form 'W.S. who is here, is impleaded by the name of J.S. puts in his place' (the attorney)
similar point made in 1468.072 = Mich. 8 Edw. 4, pl. 39, fol. 23a |
Abbot
Attorney
Foundation
Name
Abbey
Impleader
Impleading
Plea
Contrary
Contradiction
Warrant
Warrant Of Attorney
Proof
Client (Master)
Surname
Advice
Award
Answer
Naming
Enlargement
Enlargement Of Name
Word (parol)
Part Of Name
Addition
Statute
Special Warrant Of Attorney
Pleading
Misnomer
Form
Ponit Loco Suo
Put In His Place
Po. Lo. Suo |
|
