If the Sheriff return
Fugavit, in another County.
That the Bayliff of the Liberty returns elon∣gata.
Or that he cannot have the view.
Or that the Cattel elongata sunt out of the County.
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
-
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.
- 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 May 1, 2024.
Pages
Page 362
Or that the Bayliff of the Liberty returns that they are impounded within the Rectory of S.
In all these Cases Withernam shall be award∣ed, Nat. br. 68. G. 69. A. because the Sheriff cannot execute the Writ of Replevin.
And upon this three Capias's and an Exigend. shall issue, 5 Edw. 4.18. A. by Danby.
The Writ of Withernam ought to rehearse the Return of the Sheriff. Nat. Br. 69. B. For upon that it is grounded.
Vid. The Writ Regist. Orig. 82. A. No. Lib. intra. 611. B. sect. 21.
If the Replevin be in the County-Court per plaint, and the Bayliff return elongata, the She∣riff ought to enquire by Inquest whether it is so or not, and then Withernam shall be awarded by him, if it be true; and if he refuse to grant the Withernam, the party shall have a Writ against him, and an Alias pluries, and an Attachment, Nat. br. 69. C. directed to the Coroner.