The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

CXXX. Hill. 26 Eliz. In the Kings Bench.

IN an Action upon the Case, supposing certain Goods to have come to the hands of the Defendant, and that he had wa∣sted them, and shewed in what manner: The Defendant pleaded Not guilty; And it was found by Verdict, That the Goods, &c. came to the Defendants hands, and that he had wasted them, but in another manner than the Plaintiff had declared: It was the Opinion of the whole Court, That upon this Verdict, the Plain∣tiff should not have Iudgment. As in an Action of Trespass, the Plaintiff declared, That the Defendant had distrained his Horse, and travelled riding upon him; And the Iury found, That the Defendant did distrain the Horse, and killed him; In that case, it was holden, The Plaintiff should not have Iudgment. So in an Action upon the Case, the Plaintiff declares upon a Promise upon one Consideration, and the Iury find the Promise, but that it was upon another Consideration; in such case, the Plaintiff shall not have Iudgment. Adjudged for the Defendant.