A survey of the law. Containing directions how to prosecute and defend personal actions, usually brought at common law. With the judges opinions in several cases. To which is annexed, the nature of a writ of error, and the general proceedings thereupon. With a plain table for the easy finding out of every particular. / By Wiliam Glisson and Anthony Gulston [brace] Esquires, [brace] baristers at law.

About this Item

Title
A survey of the law. Containing directions how to prosecute and defend personal actions, usually brought at common law. With the judges opinions in several cases. To which is annexed, the nature of a writ of error, and the general proceedings thereupon. With a plain table for the easy finding out of every particular. / By Wiliam Glisson and Anthony Gulston [brace] Esquires, [brace] baristers at law.
Author
Glisson, William.
Publication
London, :: Printed for Henry Brome, at the Gun in Ivy-Lane, and Thomas Basset in St. Dunstans Church-yard.,
1659.
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Subject terms
Actions and defenses -- England -- Early works to 1800.
Civil procedure -- England -- Early works to 1800.
Writs -- England -- Early works to 1800.
Cite this Item
"A survey of the law. Containing directions how to prosecute and defend personal actions, usually brought at common law. With the judges opinions in several cases. To which is annexed, the nature of a writ of error, and the general proceedings thereupon. With a plain table for the easy finding out of every particular. / By Wiliam Glisson and Anthony Gulston [brace] Esquires, [brace] baristers at law." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A86034.0001.001. University of Michigan Library Digital Collections. Accessed May 2, 2024.

Pages

Who shall plead plenarty, and who not.

Incumbent pleads plenarty of him ex prae∣sentatione B. Coke 6. part 48. B. 22 Hen. 6. 14. pl. 22. New. Lib. intra. 265. A. abs{que} hoc that it was void, for the Incumbent is not able to plead it, per 25. Edw. 3. cap. 7.

But 16 Edw. 4. 11. pl. 6. Com. 501. A. Man∣wood e contra.

Because he that pleads this ought to say that the Incumbent is in of his own presen∣tation. 2 Richar. 2. Incumbent 4. Belknap.

Page 267

46 Edw. 3. 19. 18 Edw. 3. Quare Impedit 48.

But per 4 Edw. 4. 13. The Incumbent pleads that the Plaintiff, or his Predecessor, present∣ed him.

Parson imparsonee cannot plead plenarty, because that he cannot say, that he is in per six Moneths of his own presentment, 38 Hen. 6. 20. B. 33 Hen. 6. 12. pl. 27. Com. 501. A. Manwood. 39 Hen. 6. 20. 46. Assize. pl. 4.

Estranger or he that claims nothing in the Patronage cannot plead Plenarty, 7 Hen. 4. 34. per Fitz James.

Notes

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