Segar and Dyer.
Trin. 23 Car. Banc. Reg.
Mich. 22 Car. rot. 125. or 135
DYer brings an Action of Trover and Conversion,* 1.1 in the Court at Bristow against Segar, and hath a Verdict, and a Iudgement against him; Segar brings his Writ of Error in this Court to reverse this Iudge∣ment, and Assignes these Errors. 1. To the Declaration which was of the Trover, and Conversion, de uno pollo, Anglice a Colt, whereas Pul∣lus signifies not a Colt, but properly a young Hen, and hence we had the word pullet but in a general acception of the word it may signifie also other young things, but then it must have an adjective of the species which it is to signifie, or a substantive of the gentive case joined with it, as pullus equi∣nus, pullus Asininus or Asini and the like, and ought not to be used alone to signifie a colt, with an Anglice joyned to it, as it is here. The 2d. Exception was, that it is not well set forth, how the Court was held where the Iudge∣ment was given, for he doth not shew that the Court was held either by letters patents, or by praescription, but saith ad curiam tentam tali die coram A. D. I. H. &c. a tempore cujus contrarium memoria hominum non existit, &c.* 1.2 which cannot be a good praescription, for a Court cannot be held at such a day, and before such particular persons, if it be not expressed to be secundum consuetudinem. The rule of Court was to shew cause Tuesday following why the judgement should not be reversed.