Litigation Practice - 1200- 1799

These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 36 cases, and was prepared on 06 June 2013. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.

2 R 3, 81 1 Cr 452 35 H 7, 16 Statutes, Process, Eviction, Certificate, Retorne De Viscount; 1220

CASE XLVI 5 E 4, 93 Stamf 85 Ve Na Br 50; 1220

Berd -v- Lovelace; 1576

Shelley's case; Wolfe -v- Shelley (1581) 1 Co Rep 93b
1581 Sir Thomas Bromley, Lord Chancellor	Litigation Practice	1 Citers
	If it is possible to do so, every word in a deed must be given effect. A judgment and the process known as recovery were effective even though the defendant had died in the early morning of the day on which, after his death, the court orders were made. The reason given was that "the record is to be understood of the whole day, and relates without division to the first instant of the day."

Weare -v- Adamson [1583] Sav 56; (1583) 123 ER 1010
1583	Litigation Practice, Constitutional
	An information was laid in the name of the Queen. The defendant requested a non-suit saying that she had not appeared at court. Held. The objection failed. The Queen was deemed 'always present' in court.

Heydon's Case (1584) 3 Co Rep 7a; [1584] EWHC Exch J36; 76 ER 637; Pasch 26 Eliz; 20 Eliz Rot 140
1584 Lord Coke	Litigation Practice	Casemap
	Lord Coke stated the basis of the mischief rule of interpretation: "For the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: (1st). What was the common law before the making of the Act? (2nd). What was the mischief and defect for which the common law did not provide. (3rd). What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth. And, (4th). The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico."
	Link[s] omitted

Cutler -v- Dixon (1585) 4 Co Rep 14b; [1585] 76 ER 886; [1585] EngR 96
1585 KBD	Defamation, Litigation Practice	Casemap
	"It was adjudged, that if one exhibits articles to justices of peace against a certain person, containing divers great abuses and misdemeanors, not only concerning the petitioners themselves, but many others, and all this to the intent that he should be bound to his good behaviour; in this case the party accused shall not have for any matter contained in such articles any action upon the case, for they have pursued the ordinary course of justice in such case: and if actions should be permitted in such cases, those who have just cause for complaint would not dare to complain for fear of infinite vexation." and "if actions should be permitted in such cases, those who have just cause for complaint, would not dare to complain for fear of infinite vexation."
	Link[s] omitted

Mylward -v- Weldon; ChD 15-Feb-1595

Lacon -v- Barnard (1626) Cro Car 35
1626	Litigation Practice
	A judgment in trespass is not a bar to an action in conversion.

Brown -v- Nelson; 1658

Danvers -v- Wellington [1660] EngR 94; (1655, 1656, 1657, 1658, 1659 and 1660) Hard 173; (1660) 145 ER 437 (C)
1660	Litigation Practice
	Link[s] omitted

Ash -v- Abdy (1678) 3 Swans 664
1678 Lord Nottingham	Litigation Practice	1 Citers
	Lord Nottingham took judicial notice of his own experience when introducing a Bill in the House of Lords.

Pigot's Case [1682] EngR 311; (1682) Pop 94; (1682) 79 ER 1205 (A)
1682	Litigation Practice
	[ Commonlii ]

The King -v- Wagstaffe, and others; 1685

The Lord Byron -v- Sir William Juxon, Lessor of Walker [1685] EngR 3631; (1685) 2 Keb 853; (1685) 84 ER 540 (B)
1685	Litigation Practice
	Levins pray’d leave to discontinue a writ of error brought in the ejector’s name of judgment in the County-Palatine of Lancaster against him by default, shewing a release of errors by the casual ejector, which the Court denied, but left them to nonsuit the plaintiff in error, or their own course, privilege approaching.
	[ Commonlii ]

Wells -v- Williams (1697) 1 Ld Raym 292
1697	Litigation Practice	Casemap
	An alien enemy living in England by the King's licence and under his protection could bring a court action.

Duke of Dorset -v- Serjeant Girdler [1720] 24 ER 238; (1720) Prec Ch 531; [1720] EngR 10
1720	Litigation Practice	Casemap 1 Citers
	A man who is in possession of a fishery, may bring a bill to examine his witnesses in perpetuam rei memoriam, and establish his right, though he has not recovered in affirmance of it at law ; secus, if he is not in possession. In a civil trial: "the other side ought not to be deprived of the opportunity of confronting the witnesses, and examining them publicly, which has always been found the most effectual method of discovering of the truth."
	[ Commonlii ]

Burrows -v- Jemino (1726) 2 Stra 733
1726 Lord King	Litigation Practice, Jurisdiction	1 Citers
	A debt or liability arising in any country may be discharged by the laws of that country, and that such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be an effectual answer to the claim, not only in the courts of that country, but in every other country.

Piercy Lessee of James Piercy -v- Cumberland [1729] EngR 196; (1729) T Jones 164; (1729) 84 ER 1198 (A)
1729	Litigation Practice
	Dugdale’s baronage not allowed in evidence to prove a descent.
	Link[s] omitted

Morice -v- The Bank of England [1732] EngR 160; (1732) Kel W 43; (1732) 25 ER 487
1732	Litigation Practice
	Link[s] omitted

_ -v- Romney; 1737

(Unnamed) [1750] EngR 194; (1750) 2 Ves Sen 25; (1750) 28 ER 17 (D)
22 Oct 1750	Litigation Practice
	[ Commonlii ]

Sutton -v- Smith And Others [1753] EngR 39; (1753) 1 Lee 207; (1753) 161 ER 77
10 Feb 1753	Litigation Practice
	An application for an administration pendente lite rejected because no special cause for granting it was set forth.
	Link[s] omitted

Cox -v- Thompson, Alias Smith [1753] EngR 52; (1753) 1 Lee 283; (1753) 161 ER 105 (A)
6 Mar 1753	Litigation Practice
	The interest of a father established, but without costs.
	[ Commonlii ]

Winchlow, Administratix of Smith -v- Smith [1753] EngR 106; (1753) 1 Lee 416; (1753) 161 ER 153 (B)
16 Jul 1753	Litigation Practice
	Answers in a proceeding for an inventory and account, held to be sufficiently full.
	[ Commonlii ]

Rex -v- Skinner (1772) Lofft 54; [1772] 98 ER 529
1772 Lord Mansfield CJ	Litigation Practice	Casemap 1 Citers
	Lord Mansfield said: "Neither party, witness, counsel jury or judge can be put to answer, orally or criminally, for words spoken in office." Where words are spoken which are opprobrious or irrelevant to the case, the court will take notice of them as contempt. If anything of mala mens is found on such an enquiry it may be punished.

Ballantine -v- Golding (1784) Cooke's Bankrupt Laws 419
1784 Lord Mansfield	Insolvency, Jurisdiction, Litigation Practice	Casemap

Jerrard -v- Saunders [1789] EngR 1304; (1789-1817) 1 Ves Jun Supp 245; (1789) 34 ER 772 (B)
1789	Litigation Practice
	Link[s] omitted

Jerrard -v- Saunders [1789] EngR 1305; (1789-1817) 1 Ves Jun Supp 290; (1789) 34 ER 794 (B)
1789	Litigation Practice
	Link[s] omitted

Grey -v- Saunders [1790] EngR 755; (1732, 1756, 1790) Bar N 248; (1790) 94 ER 899 (B)
1790	Litigation Practice
	Link[s] omitted

- -v- - (Unnamed) [1793] EngR 1253; (1793) 1 Anst 201; (1793) 145 ER 844 (B)
1793	Litigation Practice
	Simeon, on behalf of the plaintiff, moved for a commission to examine witnesses abroad: he stated the bill to be merely for discovery, for the purpose of supporting an action at law brought by the plaintiff here against the defendant; and therefore considered the motion as of course, being only in his own delay. By the Court.- If the bill had been for relief, you clearly must have moved this upon affidavit of materiality; for a plaintiff may often have a desire to delay his own suit. The same principle applies to this case.
	Link[s] omitted

Waldridge -v- Kennison (1794) 1 Esp 142
1794	Litigation Practice
	A without prejudice admission that a document was in the handwriting of one of the parties was received in evidence because it was independent of the merits of the case.

Turner -v- Railton (1796) 2 Esp 474
1796 Lord Kenyon	Litigation Practice
	Evidence was admitted that the defendant's former attorney had admitted the debt claimed and made an offer on the defendant's behalf to pay a certain sum on account. Lord Kenyon: "Concessions made for the purpose of settling the business for which the action is brought, cannot be given in evidence; but facts admitted I have always received."

Cazelet -v- Dubois; 05-Jul-1797

Williams, Executor of Elizabeth Breedon -v- Breedon [1798] EngR 236; (1798) 1 Bos & Pul 329; (1798) 126 ER 932
19 Nov 1798	Litigation Practice
	Where a general verdict has been given on two counts, one of which is bad, and it appears by the Judge’s notes that the jury calculated the damages or evidence applicable to the good count only, the Court will amend the verdict by entering it on that count, though evidence was given applicable to the bad count also.
	Link[s] omitted

Long -v- Miller; 1799