The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...
About this Item
Title
The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...
Author
Glisson, William.
Publication
London :: Printed by the assigns of Rich, and Edw. Atkins for Hen. Brome and Tho. Basset ...,
1679.
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Subject terms
Actions and defenses -- England.
Civil procedure -- England.
Writs -- England.
Appellate procedure -- England.
Link to this Item
http://name.umdl.umich.edu/A42852.0001.001
Cite this Item
"The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A42852.0001.001. University of Michigan Library Digital Collections. Accessed June 19, 2024.
Pages
The Garnishment in Detinue, 1. Of Chattels. 2. Of Deeds.
Garnishment is granted for saving the Condi∣tion,* 1.1 if it be not performed; only upon this, whether the Defendant did perform it or not, and for no other cause, 40 Edw. 3.11. pl. 24.
The Defendant in Detinue pleads, that the Plaintiff and B delivered this upon condition, and prays Garnishment,* 1.2 and had it allowed for a good plea, without shewing what the conditions were, 3. Hen. 4.18. for that will appear upon the Inter∣pleader of the parties.
And also the reason is said to be, because the Conditions come not in debate between the Plain∣tiff and Defendant.
Garnishment was prayed of the Heir and Ex∣ecutor of B, and accounted good; because it did not appear whether the Deeds in the box were real or Chattels, 14 Edw. 4.1. pl. 3. 21 Edw. 3.41. pl. 44. 48 Edw. 3.30. pl. 19. and so not certain, whether the Heir or Executor was to be sued.
descriptionPage 176
Garnishment granted against an Executor, be∣cause it was supposed that the Testator was one that delivered the deeds, 14 Hen. 6.11. pl. 42.
The Defendant shall have Garnishment, al∣though the Garnishee was a stranger to the De∣livery, 14 Edw. 4.2. Q.
If the the Garnishee be returned dead, then his Heir or Executor shall be Garnie, and if it be for a Chattel, and it is returned that he is dead intestate, the Ordinary shall be Garnie, 48 Edw. 3.3. pl. 19. viz. before letter of Administration granted.
So of the Successor of a Garnishee, Lib. Inter. 217. C.
Executor shall have Garnishment upon a de∣livery to his Testator, Lib. Intra. 216. D. Sect. 1. and an Action thereupon brought against him.