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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  









Litigation Practice - From: 1200 To: 1799

This page lists 54 cases, and was prepared on 12 November 2014.


 
 1 H 7, 20 5 Co 88 A B, Garnon's Case Execution; 1220 - [1220] EngR 23; (1220-1623) Jenk 169; (1220) 145 ER 110 (D)

 
 Case LIII; 1220 - [1220] EngR 665; (1220-1623) Jenk 258; (1220) 145 ER 184 (A)

 
 CASE XLVI 5 E 4, 93 Stamf 85 Ve Na Br 50; 1220 - [1220] EngR 560; (1220-1623) Jenk 122; (1220) 145 ER 86 (A)

 
 Case LVI 38 Eliz 5 Co 85 B, Penryn Case Droit, Error, Bar, Gales, Grand Cape And Petit; 1220 - [1220] EngR 467; (1220-1623) Jenk 259; (1220) 145 ER 185 (A)

 
 Case LXXI 29 Ass Pl 47 6 E 4, 9 7 H 4, 41 30 Ass Pl 20; 1220 - [1220] EngR 373; (1220-1623) Jenk 37; (1220) 145 ER 28 (A)

 
 2 R 3, 81 1 Cr 452 35 H 7, 16 Statutes, Process, Eviction, Certificate, Retorne De Viscount; 1220 - [1220] EngR 290; (1220-1623) Jenk 163; (1220) 145 ER 105 (B)

 
 Case LXXXIX 2 Keb 260, Pl 9 Jac Hob 5, Crowe's Case; 1220 - [1220] EngR 278; (1220-1623) Jenk 310; (1220) 145 ER 226 (D)

 
 Case Viii 27 H 6, 4 28 H 6, 1 4 H 6, 22 By All The Judges of England; 1220 - [1220] EngR 676; (1220-1623) Jenk 108; (1220) 145 ER 76 (B)

 
 Re-Extent; 1559 - [1559] EngR 31; (1559-1646) Toth 165; (1559) 21 ER 156 (E)

 
 Bulwer's Case; 1572 - [1572] EngR 58; (1572-1616) 7 Co Rep 1; (1572) 77 ER 411

 
 Berd -v- Lovelace; 1576 - [1576] EngR 10; (1576-77) Cary 61; (1576) 21 ER 33 (E)
 
Shelley's case; Wolfe -v- Shelley (1581) 1 Co Rep 93b
1581

Sir Thomas Bromley, Lord Chancellor
Litigation Practice
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."
1 Citers


 
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
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."
1 Citers

[ Bailii ]
 
Cutler -v- Dixon (1585) 4 Co Rep 14b; [1585] 76 ER 886; [1585] EngR 96
1585
KBD

Defamation, Litigation Practice
"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."
1 Citers

[ Commonlii ]

 
 Mylward -v- Weldon; ChD 15-Feb-1595 - [1595] EWHC Ch 1

 
 Slade's Case; 1598 - [1598] EngR 39; (1598) 4 Co Rep 92; (1598) 76 ER 1074; [1598] EngR 40; (1598) 4 Co Rep 91; (1598) 76 ER 1072
 
Lacon -v- Barnard (1626) Cro Car 35
1626


Litigation Practice
A judgment in trespass is not a bar to an action in conversion.


 
 Samson And Gatefield's Case; KBD 1653 - [1653] EngR 1662; (1653) Godb 400; (1653) 78 ER 236 (B)

 
 - And The Lord Moone; 1658 - [1658] EngR 18; (1658) Sty 118; (1658) 82 ER 576 (B)

 
 Brown -v- Nelson; 1658 - [1658] EngR 107; (1658) Sty 317; (1658) 82 ER 741 (A)
 
Danvers -v- Wellington [1660] EngR 94; (1655, 1656, 1657, 1658, 1659 and 1660) Hard 173; (1660) 145 ER 437 (C)
1660


Litigation Practice

[ Commonlii ]
 
Ash -v- Abdy (1678) 3 Swans 664
1678

Lord Nottingham
Litigation Practice
Lord Nottingham took judicial notice of his own experience when introducing a Bill in the House of Lords.
1 Citers


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


Litigation Practice

[ Commonlii ]

 
 - And Clatch; 1685 - [1685] EngR 81; (1685) 3 Keb 708; (1685) 84 ER 965 (D)
 
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 ]

 
 The King -v- Wagstaffe, and others; 1685 - [1685] EngR 3558; (1685) 1 Keb 938; (1685) 83 ER 1331 (B)
 
Wells -v- Williams (1697) 1 Ld Raym 292
1697


Litigation Practice
An alien enemy living in England by the King's licence and under his protection could bring a court action.
1 Citers



 
 - Danells Case; 1714 - [1714] EngR 164; (1714) 1 Sid 48; (1714) 82 ER 962 (B)
 
Duke of Dorset -v- Serjeant Girdler [1720] 24 ER 238; (1720) Prec Ch 531; [1720] EngR 10
1720


Litigation Practice
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."
1 Citers

[ Commonlii ]

 
 Hunter -v- Allen & Son Feme In Error Icy; 1721 - [1721] EngR 140; (1721) Palm 188; (1721) 81 ER 1035 (C)
 
Burrows -v- Jemino (1726) 2 Stra 733
1726

Lord King
Litigation Practice, Jurisdiction
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.
1 Citers


 
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.
[ Commonlii ]
 
Morice -v- The Bank of England [1732] EngR 160; (1732) Kel W 43; (1732) 25 ER 487
1732


Litigation Practice

1 Citers

[ Commonlii ]

 
  - -v- Romney; 1737 - [1737] EngR 2; (1737-1784) Amb 62; (1737) 27 ER 35 (B)

 
 Pinheiro -v- Porter; 1738 - [1738] EngR 611; (1738) 3 Swans 364; (1738) 36 ER 895

 
 Wirley And Budder; 1744 - [1744] EngR 1687; (1744) 2 Barn KB 313; (1744) 94 ER 522 (C)
 
(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.
[ Commonlii ]
 
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
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.
1 Citers



 
 Rex -v- Shipley; Rex -v- Dean of St Asaph; 1784 - (1784) 21 St Tr 847; (1784} 4 Doug KB 73; (1784) 99 ER 774; (1784) 3 Term Rep 428n
 
Ballantine -v- Golding (1784) Cooke's Bankrupt Laws 419
1784

Lord Mansfield
Insolvency, Jurisdiction, Litigation Practice

1 Citers


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


Litigation Practice

[ Commonlii ]
 
Jerrard -v- Saunders [1789] EngR 1304; (1789-1817) 1 Ves Jun Supp 245; (1789) 34 ER 772 (B)
1789


Litigation Practice

[ Commonlii ]

 
 Wood -v- Griffith; 1789 - [1789] EngR 2314; (1789-1817) 2 Ves Jun Supp 598; (1789) 34 ER 1245 (A)
 
Grey -v- Saunders [1790] EngR 755; (1732, 1756, 1790) Bar N 248; (1790) 94 ER 899 (B)
1790


Litigation Practice

[ Commonlii ]
 
- -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.
[ Commonlii ]
 
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.
1 Citers


 
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."
1 Citers



 
 Cazelet -v- Dubois; 5-Jul-1797 - [1797] EngR 515; (1797) 1 Bos & Pul 81; (1797) 126 ER 790 (A)
 
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.
[ Commonlii ]

 
 Long -v- Miller; 1799 - [1799] EngR 272; (1799) 1 Wils KB 23; (1799) 95 ER 471 (B)
 
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