| 1481.091 |
1481 |
Common Pleas |
Praecipe quod reddat (or Debt?) |
Voucher |
| Mich. (2nd) |
21 |
Edw. 4 |
23 |
54a |
Bryan, Thomas CJCP Brian
all the other Justice of CP
all the Court tota Curia
Vavasour, John Sjt Vavis. (for D)
all the Court
Bryan, Thomas CJCP Brian |
Barret (or S.?) |
J., the younger |
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Barret, J., the elder, outlaw |
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| Brooke Utlagary 56, Counterple de voucher 47, Idemptitate nominis 8, Pledinges 112 (not in margin), Voucher 117(b) (not in margin) |
perhaps later proceeding 1482.002 = Hil. 21 Edw. 4, pl. 2, fol. 15a
21 Hen. 7, fol. 13, 16
40 Edw. 3 fol. 14
11 Hen. 6, fol. 19
36 Hen. 6, fol. 6 |
the statute = Westminster 1st (1275), 3 Edw. 1, ch. 40 (counterplea of voucher) (if the tenant vouches, and the demandant counterpleads this voucher, and the tenant will not abide thereupon (attende, abide), then the tenant is pushed (bote) to another answer) |
| En Praecipe quod reddat le tenant vouch, le demandant c- counterplee per le statut, & le tenant ne voile attende, mes allege que le demandant fuit utlage |
12 |
Tenant (defendant) vouched.
Demandant (plaintiff) counterpleaded by the statute.
Tenant (defendant) did not want to abide o this (attende, wait), but alleged that demandant (plaintiff) was outlawed since the last continuance, in (an action of Debt), and tenant showed the record.
Bryan CJCP said that no more would be heard dof this outlawry because according to the statute tenant could not have advantage of this outlawry now, but should have answered further.
All the other Justices were of the contrary opinion.
Tenant (defendant) pleaded the outlawry, and began at the original writ.
Demandant (plaintiff) said that there were two by demandant's ame in the same vill as the outlawry stated, that is, one elder and the other younger, that he who was outlawed was the elder, and demandant was the younger, and demandant prayed seisin for lack (default) of answer.
All the Court said that demandant would not have the plea, but demandant was put to purchase his writ of Idemptitate nominis, if it was true what demandant pleaded.
Bryan CJCP said that he was in the same case and would have his pleading, and was not permitted (suffer), but sued his writ. |
Bryan CJCP: it seems that he will not have advantage of this outlawry now, because the statute is that if the tenant vouches, and the demandant counterpleads this (voucher), and the tenant does not want to wait (attende), then (the tenant would) be pushed (bote) over (ouster) to another answer, and by the manner of pleading now he (tenant) gives no answer, because he (tenant) demands judgment whether he will be answered,
but all the other Justices were of the contrary opinion
and then it was said that wnen one pleads outlawry in the same Court, he who pleads this can commence at the Exigent if he wants, because notwithstanding that it (the outlawry) be erroneous, it is good until it be reversed (presumption of validity); and in the same manner in an action of Debt brought on a recovery he can commence to the judgment or to the original at his pleasure,
which was agreed by all the Court
and then Sjt Vavasour (for D) pleaded the outlawry, and began at the original writ |
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1481.091 = Mich. 21 Edw. 4, pl. 23, fol. 54a |
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Voucher
Counterplea
Statute
By The Statute
Abiding
Waiting (attende)
Allegation
Outlaw
Outlawry
Continuance
Since The Last Continuance
Puis Le Darrein Continuance
Debt
Showing
Record
Seeming
Hearing (aura) (?)
Advantage
Pushing (bote)
Further (ouster)
Answer
Another Answer
Manner
Pleading
Manner Of Pleading
Giving Answer
Demand
Judgment
Contrary
Opinion
Commencement
Exigent
Notwithstanding
Error
Erroneous
Good Outlawry
Reversal
Action
Action Of Debt
Recovery
Original Writ
Pleasure
At His Pleasure
Agreement (concessit)
Vill
Elder
Younger
Seisin
Lack (default)
Default
Default Of Answer
Purchase
Purchase Of Writ
Idemptitate Nominis
Truth (voier)
Case
Permission (suffer)
Sufferance
Suit
Chapter
Folio |
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