1781-03-24 (static/transcriptions/1781/03/035.jpg)

1781. 2 Term. Saturday March 24.

Saturday March 24th: 1781.
Present
Sir E. Impey - - - - - - - - at 9o:15’
Sir Robert Chambers - - at 10o:10
and
Mr. Justice Hyde - - - - - at 9o:15

[Triple Line]
Kisnanund Sercar
v
Kisnocunt Baboo and others.

Mr. Davies, Moved to stay the Proceedings in an Action of Trover, on affidavits that the Plaintiff had received twenty Thousand Rupees, which by a written agreement he had accepted in satisfaction.
Mr. Davies, Cited what was said by Mr. Justice Dennison, in the case of Burn v Randal, 3d Burrow.
Impey. The suggestion of One judge or of the whole Court, is not an Authority: Can you shew any Case in which it has been so determined?
The objection is, that it is trying the Merits of an Action on affidavits.
Hyde. It is rather trying whether
/ there