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 ...

Coles against Sibsye.

Mich. 1649. Banc. sup.

COles brought an Action of Trover and Conversion against Sibsye;* 1.1 The Defendant pleads the Statute of Limitation of Actions in Bar. The Plaintif replyed, that he took out a Latitat such a Term against the Defen∣dant for this cause now depending, which was within the time limited by the Statute. To this replication the Defendant demurred, and for cause shewed, that it was incertain, and so no issue can be joyned upon it: for it only says, that he took out a Latitat such a Term, and doth not shew what day of the Term he took it out, and so we cannot take issue upon it, and the usual form is to shew the day. Latch maintained the replication, and said, it was good in matter of substance, and the Latitat shall be intended to issue forth the first day of the Term:* 1.2 for all the Term is but one day in constru∣ction of the Law, and the Defendant may take a certain issue, as it is pleaded. Roll chief Iustice answered, you ought to have shewed the teste of the Latitat:* 1.3 for the time is material in this Case, viz. to know whether it were sued forth within the time expressed in the Statute for the limitation of Actions, or without, namely within six years or no, and you might have made it certain by your pleading it specially. Ierman differed in opinion; and thereupon the Court took time to advise. Vid. antea.

Notes

• * 1.1

  Demurrer upon a repli∣cation in Tro∣ver and Con∣version.
• * 1.2

  Term.
• * 1.3

  Time.