A Treatise on the Law of Certificates (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1826 Excerpt: ...and it has been so adjudged, the opinion of the Master being decidedly that he ought to tax double costs. (c) It has been resolved, that a fault in the plaintiff's declaration should not exempt him, in these cases, from paying double costs. Trespass was brought by husband and wife for battery done to them both to their wrong. (a) Dougl. 307-Grindley v. Holloway. See Ca. temp. Hardw. 138. Valentine v. Fawcett. Vaugh. 111. Styles v.. Coxe Bart. (b) Bull. N. P. 332. Devenish v. Martin. 2 Str. 974. S.C. 2 Barnard. 171. to the same effect. (c) Dougl. 308. n. Rann. v. Piekins. Plea, not guilty. The defendant, a constable, was acquitted, and the Judge certified that he had acted in the execution of his office, on which double costs were prayed. The plaintiff, by his counsel, urged the insufficiency of his own declaration but the Court said, that double costs were allowed for the vexation of defendants, and that vexation fully appeared in the case before them. So the costs were allowed, (a) Statutes do A series of decisions prove, that these statutes do not to actions extend to actions of non-feasance; and of course, if the for non-case be sucl tnat the defendant cannot plead the general feasance... t, issue, and give the special matter in evidence, he cannot advantage himself of the enactments which, on so doing, give the double costs. Assumpsit was brought by the officers of one parish against those of another, to recover money laid out by the former for maintenance and medical assistance afforded to a pauper belonging to the latter parish, on which there was a nonsuit; and the Court held, that this was a mere non-feasance, to which this statute did not extend, (b) In a subsequent case the above authority was distinctly recognized, where the action was to recove...