1839. REGULA GENERALIS. Writ of fieri facias on an order of the Court of Q. B. for payment of money and costs. immediately after the execution hereof, to be rendered to the of Sheriff of No. IX. day VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the greeting. We command you that of the goods and chattels of C. D. in your bailiwick, you cause to be made which lately in our Court before us at Westminster, by a rule of our said Court entitled, &c. [as the case may be], were by the said Court ordered to be paid by the said C. D. to A. B., together with the costs of the said rule, which said costs were and in the year of our Lord day of taxed and allowed by our said Court at the sum of and that of the said goods and chattels of the said C. D. in your bailiwick, you further cause to be made interest upon the said two several sums of at the rate of four pounds per centum per annum, in the year of our Lord (a), and have that money, together with such interest as aforesaid, before us at Westminster immediately after the execution hereof, to be rendered to the said A. B. for the said sum of money so ordered to be paid by the said C. D. to the said A. B., and for costs and interest as aforesaid, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof, and have there then this writ. of Witness, Thomas Lord Denman, at Westminster, the (a) The day on which the costs of the rule were taxed, or if that were prior to the 1st of October, day No. X. 1839. REGULA GENERALIS. Writ of fieri facias on a Court in an VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the Sheriff of greeting. We command you, that of the goods and chattels of C. D. in your bailiwick, you cause to be made judgment of which A. B. lately in [insert the style of the Court], by the an inferior judgment of the said Court, recovered against the said C. D. for action of ashis damages which he had sustained, as well on occasion of the sumpsit, renot performing certain promises and undertakings then lately moved into made by the said C. D. to the said A. B., as for his costs and Queen's charges by him about his suit in that behalf expended, whereof Bench. the said C. D. is convicted, as appears to us of record; and which judgment was afterwards, on the day of in the year of our Lord removed into our Court before us at Westminster, by virtue of an order of our said Court before us at Westminster, [or "of one of the justices of our said Court before us at Westminster," as the case may be], in pursuance of the statute in such case made and provided, and the costs attendant upon the application for the said order, and upon the said removal, were, on the in the year of our Lord taxed and allowed by our said Court before us at Westminster, at the sum of : And we further command you, that day of of the said goods and chattels of the said C. D. in your bailiwick, (a), together at you further cause to be made the said sum of day of of Witness, Thomas Lord Denman, at Westminster, the in the year of our Lord (a) The costs attendant upon the removal of the judgment out of the inferior Court into the Court of Queen's Bench. day (b) The day on which the costs of removal were taxed. the Court of 1839. REGULA GENERALIS. Writ of fieri facias on an No. XI. VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the Sheriff of greeting. We command you, that of the goods and chattels of C. D. in your bailiwick, you cause to be made which lately in [insert the style of the Court], by a rule of the said Court, entitled, &c. [as the case may be], were by the said Court ordered to inferior Court, be paid by the said C. D. to A. B., and which rule was afterwards, order for pay ment of money made in an and removed into the Court of Queen's Bench. Writ of fieri facias on an order for payment of money on the day of in the year of our Lord removed into our Court before us at Westminster, by virtue of an order of our said Court before us at Westminster [or "of one of the justices of our said Court before us at Westminster," as the case may be], in pursuance of the statute in that case made and provided; and the costs attendant upon the application for the said last-mentioned order, and upon the said removal, were, on the day of in the year of our Lord taxed and allowed by our said Court before us at Westminster, at the sum of : And we further command you, that of the said goods and chattels of the said C. D. in your bailiwick, you further cause to be made the said sum of (a), together with interest on the said two several sums of and pounds per centum per annum, from the said at the rate of four day of (b), and that you have that money, with such interest as aforesaid, before us at Westminster immediately after the execution hereof, to be rendered to the said A. B. for the said monies by the said rule first above mentioned, ordered to be paid by the said C. D. to the said A. B., and for costs and interest as aforesaid; and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof, and have there then this writ. of Witness, Thomas Lord Denman, at Westminster, the day in the year of our Lord No. XII. VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the greeting. We command you, that of the goods bailiwick, you cause to be made Sheriff of and costs made and chattels of C. D. in your in an inferior Court and removed into the Court of Q. B. (a) The costs of removing the rule of the inferior Court into the Court of Queen's Bench. (b) The day on which the costs of removing the rule of the inferior Court into the Court of Queen's Bench were taxed. day of which lately in [insert the style of the Court], by a rule of the said Court entitled, &c. [as the case may be], were by the said Court ordered to be paid by the said C. D. to A. B., and also for the costs of the said rule by the said Court also ordered to be paid by the said C. D. to the said A. B., which said rule was afterwards, on the in the year of our Lord removed into our Court before us at Westminster, by an order of our said Court before us at Westminster [or "of one of the justices of our said Court before us at Westminster," as the case may be], in pursuance of the statute in such case made and provided, and the costs attendant upon the application for the said last-mentioned order, and upon the said removal were, on the day of in the year of our Lord day of (a), taxed and allowed by our said Court before us at Westminster, at the sum of And we further command you, that of the said goods and chattels of the said C. D. in your bailiwick, you further cause to be made the said sum of together with the interest on the said three several sums of and and at the rate of four pounds per centum per annum, from the said in the year of our Lord (b), and that you have that money, with such interest as aforesaid, before us at Westminster immediately after the execution hereof, to be rendered to the said A. B. for the monies by the said rule first above mentioned, ordered to be paid by the said C. D. to the said A. B., and for costs and interest as aforesaid, and that you do all such things as by the statute passed in the second year of our reign you are authorized and required to do in this behalf; and in what manner you shall have executed this our writ make appear to us at Westminster immediately after the execution thereof, and have there then this writ. Witness, Thomas Lord Denman, at Westminster, on the year of our Lord day of in the DENMAN, N. C. TINDAL, J. LITTLEDALE, J. VAUGHAN, J. PARKE, J. B. BOSANQUET, E. H. ALDERSON, J. PATTESON, J. GURNEY, J. WILLIAMS, J. T. COLERIDge, T. COLTMAN, (b) The day on which the costs of removing the rule from the inferior Court into the Court of Queen's Bench were taxed. 1839. REGULA GENERALIS. 1839. Friday, January 11th. 1. Debt for DEBT. 61. for goods BURROUGHS v. HODGSON. The declaration stated the defendant to be in sold and deli- debted to the plaintiff, on the 10th October, 1856, in 67., Pleas, for goods sold and delivered, and in 67. on an account vered. as to all but 1/. 13s., nunquam indebitatus, and as stated. Plea, as to the sum of 17. 13s. Sd., parcel &c., the deto 11.15s., par- fendant says actionem non, because he says that the 10th cel, &c. the Court of Requests' Act, with an aver ment "that the defendant was not in than the said Westminster day of October next after the making, the 6 & 7 Will. 4, c. cxxxvii. (local and personal), (the Westminster Court of Requests' Act), elapsed before the commencement of this suit. Averment, that at the time of the commencement of the suit, the defendant was not indebted to the plaintiff to debted to the plaintiff to a a greater amount than the said sum of 17. 13s. 8d. The greater amount defendant then pleaded the usual plea, bringing himself sum of 17.13s." within the act, and concluded thus: " and the defendant The defendant further says, that before and at the commencement of this suit, the said debt of 17. 13s. Sd., being a debt not exceeding 40s., was recoverable by the plaintiff against and from the defendant in the said Court &c., by virtue of the said act; and that the plaintiff brought this action as to the sum of 17. 13s. 8d. in this Honourable Court, contrà formam statuti. Verification. demurred specially to the latter plea, on the grounds, first, that it was an answer to the whole action, and was only pleaded to part; second, that the plaintiff could not safe ly take issue upon it: Special demurrer, assigning for cause that the plea begins as an answer to part of the declaration, viz. the said sum of 17. 15s. 8d., parcel &c. only, thereby impliedly Held, that as a admitting that the residue of the demand in the declaration traverse of the in more than defendant not is due to the plaintiff, and yet the plea contains an answer being indebted (and is by its nature and by the act of parliament therein 1. 13s., would mentioned an answer) to the whole of the declaration, which have raised an is inconsistent and repugnant; and that as the plea is pleaded issue, the plea to the said sum of 17. 13s. Sd., parcel &c. only, the plaintiff Semble, that cannot consistently, or without evident irrelevancy, take immaterial was bad. the plea was not bad on the former ground, as it must be taken in connection with the previous plea of nunquam indebitatus to the residue, and that the two pleas formed but one answer to the declaration. 2. Although the rule of Court, 9 Geo. 4, directs the pleadings demurred to only to be set out in the demurrer books, the Court on argument may look to the whole record. |