Narrationes modernæ, or, Modern reports begun in the now upper bench court at VVestminster in the beginning of Hillary term 21 Caroli, and continued to the end of Michaelmas term 1655 as well on the criminall, as on the pleas side : most of which time the late Lord Chief Justice Roll gave the rule there : with necessary tables for the ready finding out and making use of the matters contained in the whole book : and an addition of the number rolls to most of the remarkable cases / by William Style ...

Lodg and Weeden.

Mich. 23 Car. Banc. Reg.

THe Plaintiff brings his Action upon the Case against the Defendant,* 1.1 and declares, that the Defendant had killed divers infected Cattel, and had thrown out the inwards or offall of those Cattel upon the Close of the Plaintiff, whereby divers of the Plaintiffs Cattel were infected with the murrain, and did dye thereof, and shews how many, and declares to his dammage so much, and hath a verdict against the Defendant. The De∣fendant moved in arrest of Iudgement, and offers these exceptions, 1. The Declaration is, that the Plaintiffs Cattel were infected morbo mortali, Anglice with the murrain, whereas there is a proper Latin word to express the Murrain,* 1.2 namely Lues, which ought to have been used, and not to be expressed by such uncertain words as morbus mortalis is, which signifies on∣ly a mortal disease, and so might be any other Disease as well as that. 2ly. The Declaration says that the Defendant did cast interioria, Anglice the inwards or off all of the Cattel, whereas that is not the proper Latin word

for them, but Intestin••. 3ly. The Declaration doth not set forth what Cat∣tel they were, nor how many they were, that the Defendant had killed, and thrown their inwards or offall on the Plaintiffs Close. But the Court over-ruled all the exceptions, and ordered the Defendant to shew better cause why the Plaintiff should not have judgement.

Notes

• * 1.1

  Arest of Judg∣ment in an action upon the Case.
• * 1.2

  VVords.