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.
About this Item
Title
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.
Author
Leonard, William.
Publication
London :: Printed by the assigns of Richard and Edward Atkins ... for Henry Twyford, Thomas Basset, William Rawlins and John Place,
1686.
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Subject terms
Law reports, digests, etc. -- England.
Law -- England -- Cases.
Link to this Item
http://name.umdl.umich.edu/A47718.0001.001
Cite this Item
"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A47718.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.
Pages
XCIX. Kirlee and Lees Case. Mich. 19 & 20 Eliz. In the Common Pleas.
IN Action upon the Case upon Assumpsit, the Plaintiff decla∣red, That the Defendant in Consideration, that the Plaintiff would marry the Daughter of the Defendant, did promise to find to the Plaintiff and his said Wife convenient apparel, meat and drink for themselves and two servants, and Pasture also for two Geldings, by the space of 3 years, when the Plaintiff would re∣quire it: And further shewed, That Licet the Plaintiff had married the Defendants Daughter, and that he had required the Defendant to find, ut supra, &c. the Defendant refused, &c. The Defendant said, That he promised to find meat, drink, and apparel for the Plaintiff and his Wife for 3 years, abs{que} hoc, that he promised to
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find meat and drink for two servants, and Pasture for two Geld∣ings: The Plaintiff Replicando, said, That the Defendant did promise to find, &c. for 3 years next following. Vpon which they were at Issue, and found for the Plaintiff. It was moved in Ar∣rest of Iudgment, That here is no Issue joyned; For the Plaintiff hath declared upon a promise to find, &c. for 3 years, when the Plaintiff will that require. The Defendant hath pleaded a pro∣mise to find apparel, meat and drink for the Plaintiff and his Wife for 3 years, abs{que} hoc, that he promised for two servants, and two Geldings; and now the Plaintiff Replicando, saith, That the Defendant assumed for 3 years next following; so here is ano∣ther Assumpsit in the Replication, than that whereof the Plaintiff declared, and so the Plaintiff hath not joyned Issue upon the As∣sumpsit traversed by the Defendant, and so there is no Issue joyn∣ed, for the Defendant denyeth the Assumpsit whereof the Plaintiff hath declared. And the Plaintiff in his Replication hath affirmed another Assumpsit than that whereof he hath declared; and that is not helped by the Statute of Jeofails; For it is not a mis-joyning of Issue, but a not joyning of Issues; and that was holden by the Court, to be a material Exception. And the Lord Dyer concei∣ved, That here is a Departure; for the Plaintiff in his Repli∣cation hath alledged another promise, than that whereof he decla∣red. Another Exception was, Because that the Plaintiff had not averred in facto, that he had married the Daughter of the Defen∣dant, but by an Argument Implicative (Licet;) but that Excep∣tion was disallowed; For that the word (Licet) is not a bare Im∣plicative, but it is an express Averment; And so it was said,* 1.1 it had been ruled before. See 2 Mar. Plow. Com. 127, 128. Buckley and Thomas Case.