1778-03-25 (static/transcriptions/1778/03/041.jpg)

1778. 2 Term. [Wednesday] March 25.

After the Demurrer had been argued and Judgment for the Plaintiff in One undefended Cause, my brother Chambers desired me to excuse him, and went home to finish his Letters which he intended to send to the Ship.

James Isnell
v
George Fletcher.
An Action on a Promissory Note for two hundred Rupees or thereabout. The Plaintiff’s attorney had appear’d for the Defendant and said nothing according to the fifty ninth Rule, in the Case of a Prisoner in actual Custody in the Prison in that cause. I call’d on the Plaintiff’s Council to produce the Writ of Capias, and the Sheriff’s Return Cepi Corpus, which I take to be the only legal evidence of his being in Custody in that cause, whereas Impey always admits the Evidence of his being in actual custody to be given by the keeper, and that he was brought to him by the Sheriff’s Warrant in that cause: but I think he is wrong and therefore when I sit alone I do not follow that practice, because I think the only legal evidence of the legal custody is the
/ Writ