Page images
[ocr errors]
[ocr errors]


pret ! 7
Inchoate Contract-(Continued.)

of twenty years from the time possession was first given. Doe d. Mil-
burn v. Edgar, 732.,
Il y

And see Crown Lands.

VENUE-see Local Action.

V po 1,1318033

Agreed to sell my horse P. to J. B. for 2001. provided he trots eigh-
1119, teen miles within one hour, and that to be done within one month from
114 this day, and N. to be the judge of the performance ; if the above task is

not performed, the horse is hcreby sold to the said J. B. for one shilling,
which he has this day paid to me:"—Held an illegal wager within the 9

Anne, c. 14. Brogden v. Marriott, 712.
WILL_see Deyise,
Attachment for obstructing Service of a Subpæna.

A defendant who keeps out of the way a' witness material to the
plaintiff, and thereby impedes the service of a subpæna, is liable to

an attachment. Clements v. Williams, 814,

Commissioners of -gee CROWN LANDS.
Writ of Summons.

1. In a writ of right, the summons for the knights to elect the assize
was tested on the 10th April, returnable on the 20th. After the de-
livery of the writ of summons to the sheriff, but before the knights had
been actually summoned, the demandant's attorney, finding that the
20th April was not a juridical day (it being one of the Easter holi-
days), and that there were not fifteen days between the teste and
return of the writ of summons, got it back from the sheriff, altered
the return to the 24th April, and procured it to be resealed, and gave
notice to the tenant's attorney that the knights were summoned for
the 24th:– Held, no ground for setting aside the writ of summons,
Miller, dem., Miller, ten., 116.

2. A writ of right was sued out before the 31st December, 1834, and
afterwards resealed and altered in the returns at various times, and
ultimately made returnable on the 21st November, 1835, the last re-
sealing being long subsequent to the latest period allowed by the
3 & 6 Will. 4, c. 27, ss. 36, 37, for bringing writs of right:- This court
set aside the service of the writ of summons. Leigh, dem., Leigh,

ten., 666.

And see pl. 8.
Grand Cape.

3. The original writ having been superseded in Chancery, this court
afterwards set aside the grand cape issued pending the proceedings in
equity, but without costs. Foot, dem., Shirreff, def., 813.

Judgment of Nonpros.

4. The tenant in a writ of right not being able to discover who the
demandant was, obtained a judge's order directing the demandant's
attorney to deliver to the tenant's attorney, within four days, the true
name and address of his client. The court refused to allow the tenant
to sign judgment of nonpros for disobedience of this order. Dumsday,
dem., Hughes, ten., 377.

5. Semble, that the proper course would be to make the order a

rule of court, and apply for an attachment against the attorney. Id.
Judgment as in Case of a Nonsuit.

6. The court permitted the tenant in a writ of right to enter up
judgment as in case of a nonsuit, the demandant having failed to

proceed to trial pursuant to notice. Mason, dem., Sadler, ten., 510.
Amendment in.

7. In a writ of right, the tenant demurred to the count for a sup-
posed deficiency in the statement of the descent. After argument,
the court permitted him to withdraw his demurrer and plead de novo.

Twining, dem., Lowndes, ten., 260.
Motion to set aside the Irit for Irregularity.

8. The court refused to re-open a rule for setting aside the service
of a writ of summons on the ground that the original writ had been
improperly altered and resealed, upon an affidavit that the deman-
dant's attorney had been informed by the cursitor that it had been
the invariable and immemorial practice in his office to re-seal writs
when presented for that purpose within four terms of the teste.
Leigh, dem., Leigh, ten., 668.

9. This court has no authority to set aside a writ of right: nor can
it take cognizance of any of the proceedings under it until the origi-

nal writ has been returned. Foot, dem., Shirreff, def., 806.
Tender of the Demi-mark.

10. On the trial of a writ of right, the demi-mark was tendered
after the knights and several of the recognitors were sworn :--Held,

in time. Davies, dem., Lowndes, ten, 74.
Special Verdict.

11. There cannot be a special verdict in a writ of right. Davies,

dem., Lowndes, ten., 104.
WRIT OF SUMMONS-see Writ of Right, 1, 2, 8.




[ocr errors]
« PreviousContinue »