In what Cases it lies.
When a Quare Impedit or Darrein Presentment is depending, and the Plaintiff or Defendant sup∣poseth that the Bishop will admit the Clerk of the other, then a Ne admittas lies, Nat. br. 37. F.
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.
- Rights/Permissions
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This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
- 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
Page 343
Regist. orig. 31. A. 21. Hen. 44. Newton, Vet. Nat. br. 24. B. to hinder the Bishop from admitting any Clerk till the right be determined.
If one of the Writs be not depending, then it Its not, Nat. br. 37. H. viz. a Quare Impedit or Darrein Presentment, for this Writ supposeth a Title in question, which must be by one of those Writs.
For if the right of Advowson is depending, it lies not, because the Presentation is not to be recovered in it, Nat. br•••• 48. Q. and so the admit∣tance of a Clerk is not in question.
But note,* 1.1 that this lies before any Certificate made, that a Quare Impedit or Darrein Present∣nent is depending, Nat. br. 37. H. for depending of the Writs rests not upon the Certificate.
Yet the party grieved by the Ne admittas shall have a Writ to the Chief Justice, to certifie if any Writ be depending; and if he certifie none, then a Supersedeas shall be awarded, Nat. br. 37. H. to supersede the Ne admittas.
Note,* 1.2 that this Writ does not hinder the Or∣dinary, but that he may present by Lapse, unless he be party, Nat. br. 48. L. Vet. Nat. br. 24, & 25. ••iz. party to the Suit, for else it concerns him not.
Notes
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* 1.1
Note.
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* 1.2
Note.