1792-07-10 (static/transcriptions/1792/07/027.jpg)
130.)
Mr. Shaw against the Demurrer & in support of the plea insists
1. That on Demurrer he must fail who commits the first error in pleadings – and here the Plaint states the recognizance in such manner that the condition is without meaning.
2. the Recognisance is for payment of costs in that Cause in which Ramcant Paul was the complainant – no costs in that cause, because none accrued (as far as appears) in the life of Ramcaunt Paul, & therefore Plf ought not to sue in the [ILL] only, but specially in his own right as entitled to the benefit of that decree