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 ...

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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 15, 2024.

Pages

Debt, in what Court it lies.

IN the County Court,* 1.1 Nat. br. 119. G. Regist. orig. 139. A.

In a Village, City, and Burrough Liberty, Nat▪ br. 119. K.

In Pypowders, viz. a Court held in a Fair.

But by the 17 Edw. 4. cap. 2. the Plaintiff or his Attorney ought to swear that it was in the Fair, and within the Jurisdiction, 1 Rich. 3. cap. 6. and if he refuse, the Defendant shall go quit by the Statute; for it appears not that the Court had Jurisdiction to hold plea.

Page 192

It lies in the Marshalsey, if both are of the houshold of the King, otherwise not; but the Plaintiff needs not shew this in his Count, and the proceeding there is by bill, Coke 10. part. 61. Case of Marshalsey; for if it be not so the De∣fendant may demur to the jurisdiction of the Court.

In Chancery, for a person priviledged de•••• lies, viz. in that Court; for the Chancery to some purposes is a Court of Law as well as of equity.

In the Exchequer by quo minus, Coke 8 part. 6 A. Trollops case; but then the Plaintiff 〈◊〉〈◊〉 make himself an Accountant to the King.

So if one usurp upon a Franchise of the King where the Plaintiff had Fee Farm, the Fee Fare shall sue by a Quo minus, 32 Hen. 6.24. pl. 7. 〈◊〉〈◊〉 the Exchequer; for he is an Accountant to 〈◊〉〈◊〉 King.

An Executor shall have a Quo minus, when 〈◊〉〈◊〉 is a debtor to the King by his own act, 8 Hen. 4.10. pl. 19. as Executor.

In Com. Ban. Nat. br. 119. G.

Debt lies not for a popular Action,* 1.2 or upon penal Law, but in one of the four Courts of Re∣cord at Westm. per Statut. 18 Eliz. cap 5. Gk•••• part. Grgories case; for those Courts are fine to interpret Statutes, and not inferiour Courss.

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