VENDOR AND PURCHASER.
Inchoate Contract—(Continued.)
291 1 of twenty years from the time possession was first given. Doe d. Mil-
burn v. Edgar, 782.
And see CROWN LANDS.
VENUE-see LOCAL ACTION.
"Agreed to sell my horse P. to J. B. for 2001. provided he trots eigh- teen miles within one hour, and that to be done within one month from this day, and N. to be the judge of the performance; if the above task is tub not performed, the horse is hereby sold to the said J. B. for one shilling, which he has this day paid to me:"-Held an illegal wager within the 9 Anne, c. 14. Brogden v. Marriott, 712.
A defendant who keeps out of the way a witness material to the plaintiff, and thereby impedes the service of a subpœna, is liable to an attachment. Clements v. Williams, 814.
WOODS AND FORESTS.
Commissioners of-see CROWN LANDS.
WRIT OF RIGHT.
Writ of Summons.
1. In a writ of right, the summons for the knights to elect the assize was tested on the 10th April, returnable on the 20th. After the de- livery of the writ of summons to the sheriff, but before the knights had been actually summoned, the demandant's attorney, finding that the 20th April was not a juridical day (it being one of the Easter holi- days), and that there were not fifteen days between the teste and return of the writ of summons, got it back from the sheriff, altered the return to the 24th April, and procured it to be resealed, and gave notice to the tenant's attorney that the knights were summoned for the 24th:- Held, no ground for setting aside the writ of summons, Miller, dem., Miller, ten., 116.
2. A writ of right was sued out before the 31st December, 1834, and afterwards resealed and altered in the returns at various times, and ultimately made returnable on the 21st November, 1835, the last re- sealing being long subsequent to the latest period allowed by the 3 & 6 Will. 4, c. 27, ss. 36, 37, for bringing writs of right:-This court set aside the service of the writ of summons. Leigh, dem., Leigh, ten., 666.
3. The original writ having been superseded in Chancery, this court afterwards set aside the grand cape issued pending the proceedings in equity, but without costs. Foot, dem., Shirreff, def., 813.
WRIT OF RIGHT.
Judgment of Nonpros.
4. The tenant in a writ of right not being able to discover who the demandant was, obtained a judge's order directing the demandant's attorney to deliver to the tenant's attorney, within four days, the true name and address of his client. The court refused to allow the tenant to sign judgment of nonpros for disobedience of this order. Dumsday, dem., Hughes, ten., 377.
5. Semble, that the proper course would be to make the order a rule of court, and apply for an attachment against the attorney. Id. Judgment as in Case of a Nonsuit.
6. The court permitted the tenant in a writ of right to enter up judgment as in case of a nonsuit, the demandant having failed to proceed to trial pursuant to notice. Mason, dem., Sadler, ten., 510.
7. In a writ of right, the tenant demurred to the count for a sup- posed deficiency in the statement of the descent. After argument, the court permitted him to withdraw his demurrer and plead de novo. Twining, dem., Lowndes, ten., 260.
Motion to set aside the Writ for Irregularity.
8. The court refused to re-open a rule for setting aside the service of a writ of summons on the ground that the original writ had been improperly altered and resealed, upon an affidavit that the deman- dant's attorney had been informed by the cursitor that it had been the invariable and immemorial practice in his office to re-seal writs when presented for that purpose within four terms of the teste. Leigh, dem., Leigh, ten., 668.
9. This court has no authority to set aside a writ of right: nor can it take cognizance of any of the proceedings under it until the origi- nal writ has been returned. Foot, dem., Shirreff, def., 806.
10. On the trial of a writ of right, the demi-mark was tendered after the knights and several of the recognitors were sworn :--Held, in time. Davies, dem., Lowndes, ten, 74.
11. There cannot be a special verdict in a writ of right. Davies, dem., Lowndes, ten., 104.
WRIT OF SUMMONS-see WRIT OF RIGHT, 1, 2, 8.
W. M'DOWALL, PRINTER, PEMBERTON-ROW,
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