The Reports of the Most Learned Sir Edmund Saunders, Knt. of Several Pleadings and Cases in the Court of King's Bench; In the Time of the Reign of ... the Second. [1666?-1672?] Volume 2, pt. 1 - Great Britain. Court of Bench, 7th Edition, Paperback

• Release Date   9/13/2013
• ISBN-13   9781230105055 | 978-1-230-10505-5
• ISBN   1230105050 | 1-230-10505-0
• Format   Paperback
• Author(s)   Great Britain. Court of Bench
• This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1846 edition. Excerpt: ...of the court in which the action was depending. See the form of it in the Common Pleas, 2 Rich. Prac. C. P. 404. M5. 5th ed.. and in the King's Bench, Thes. Brev. 229. Tidd's Pract. Forms, 394. (rt) See 10 B. &. C. 754.d Sainabury v. Pringle. (0) As to the entry of the recognisance, according to the present practice, see 1 Chitt. Arcbb. 636. 7th ed. (p) This can no longer happen, as above mentioned, since the defendant does not now join in the recognisance. but it may happen where there are 396. 398. There is a difference between a recognisance, which is in the nature of ajudgment, and a bond: ifa scirefacias be brought against two persons only as bail, upon a recognisance acknowledged by them and the principal jointly and severally, it will be bad on demurrer, and the writ shall abate, because, being founded upon a record, the plaintiff ought to set forth the cause of the variance from the record, as that the principal was dead.(p) But if an action be brought upon a joint and several bond against two only, where there are three or more obligors, the defendants ought to plead in abatement, that it was made by them and others in full life, not named in the writ. for the court will not intend that the bond was sealed and delivered by all that are named in it(q). and therefore the defendants cannot demur upon it, though it be entered in has verba. All. 21. Blackwell v. Ashton. See 1 Saund. 29. Cabell v. Vaughan, note (1). Although a recognisance of bail be taken actually by a judge of the K. B. at his chambers in Serjeants' Inrt, yet. the course of the K. B. is to enter it as taken in court, the recognisance not being obligatory in that court by the caption, but by its being entered of record. therefore in the K. B. a scire...