Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas.: Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;
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Title
Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas.: Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;
Author
Goldesborough, John, 1568-1618.
Publication
London :: Printed by W. W. for Charles Adams, and are to be sold at his shop at the signe of the Marygold over against Fetter Lane in Fleetstreet,
Anno Dom. 1653.
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Subject terms
Law reports, digests, etc. -- England
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http://name.umdl.umich.edu/A85496.0001.001
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"Reports of that learned and judicious clerk J. Gouldsborough, Esq. sometimes one of the protonotaries of the court of common pleas.: Or his collection of choice cases, and matters, agitated in all the courts at Westminster, in the latter yeares of the reign of Queen Elizabeth. With learned arguments at the barr, and on the bench, and the grave resolutions, and judgements, thereupon, of the Chief Justices, Anderson, and Popham, and the rest of the judges of those times. Never before published, and now printed by his original copy. With short notes in the margent, of the chief matters therein contained, with the yeare, terme, and number roll, of many of the cases. And two exact tables, viz. A briefer, of the names of the severall cases, with the nature of the actions on which they are founded, and a larger, of all the remarkable things contained in the whole book. By W. S. of the Inner Temple, Esq;." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A85496.0001.001. University of Michigan Library Digital Collections. Accessed June 9, 2024.
Pages
19.
THomas Taire and Joane his Wife brought an Action of Wast a∣gainst Pepyat,* 1.1 and declared how that the Defendant was seised in Fee,* 1.2 and made a Feoffment to the use of himself for life,* 1.3 and after to the use of the Mother of Joane in Fee, who died, and it descended to her, and after the Defendant made Wast, &c. The Defendant plea∣ded that he was, and yet is seised in Fee, Abs{que} hoc that he made the Feoffment in manner and form, pro ut, &c. And the Jury found a speciall Verdict, that the Defendant made a Feoffment to the use of himself for life, but that was without impeachment of Wast, the
Remainder in Fee as before. And the Plaintif prayed Judgement,
and the doubt was, because they have found their issue, and
descriptionPage 73
more, viz. that it was was without impeachment of Wast.
Ander∣son
Whether it were without impeachment of Wast or no, was no
part of their issue, and then the Verdict for that point is void, and
the Plaintif shall have Judgement.
VVindham
The doubt is for that they have found that the Defendant, is not punishable, and where a Verdict discloseth any thing, whereby it appeareth that the Plain∣tif
ought not to Recover, Judgement thereupon ought to be given against him; As in detinue, the Plaintif counts upon a Bailment by himself,* 1.4 and the Jury findeth, that another Bailed to his use, the
Plaintif shall not Recover.
And a Serjeant at the Bar said, that the
issue, is not found.
Anderson
That which is found more than their
issue is void,* 1.5 and therefore in 33 Hen. 6. where the Tenant in Assise
pleades nul Tenant de franktenement nosme en lasise & ••i tro•••• ne so it.
&c. and the Jury found that he was Tenant, but that he held jointly
with another, and there the Plaintif Recovered, and so he shall here.
And at length by the opinion of all the Court, Judgement was en∣tred
for the Plaintif; for he might have helped the matter by pleading.