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.

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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.
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: 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 16, 2024.

Pages

CIV. Mich. 20 Eliz. In the Common Pleas.

* 1.1IN an Action upon Escape, the Plaintiff is Nonsuit. It was holden by the Iustices, That the Defendant in that case shall not have Costs, by the Statute of 23 H. 8. Note, The words in the Statute, upon any Action upon the Statute, (for any offence or wrong personal supposed to be done immediately to the Plaintiff) Notwithstanding this Action is, Quodam modo an Action within the Statute; scil. by equity of the Statute of Westm. 2. which

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give expresly against the Warden of the Fleet; Yet properly it is not an Action upon the Statute; for that in the Declaration in such Action, no mention is made of the Statute. Which, see the Book of Entries, 169, 171. And also here there is not supposed any immediate personal Offence, or Wrong to the Plaintiff: and an Action upon the Case, it is not, For then the Writ ought to make mention of the Escape, which it doth not here; And yet at the Common Law before the Statute of Westm. 2. An Action up∣on the Case lay upon an Escape; And so by the opinion of Dyer, Manwood, Mounson, Iustices, Costs are not given in this case; and Manwood said; That upon Nonsuit in an Action upon the Statute of 8 H. 6. The Defendant shall not have Costs,* 1.2 For that the same is not a Personal Wrong, For the Writ is Disseisivit, which is a real tort.

Notes

* 1.1

2 Len. 52. 2 Len. 282. Post. 92.

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* 1.2

1 Len. 282.

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Pages

CIV. Mich. 20 Eliz. In the Common Pleas.

description Page 69

Notes

Page 69