1778-07-08 (static/transcriptions/1778/07/008.jpg)

1778. 3 Term. Wednesday July 8th.

Wednesday July 8th: 1778.
Present
Sir Robert Chambers
&
Mr. Justice Hyde.

[Triple Line]
Joseph Phillips
v
Edward Baber.
This is an Action of Debt by Joseph Philips who had recover’d a Judgment in the year 1769 in the late Mayor’s Court and had taken the Defendant in that Cause, Charles Ingram, in Execution, by Writ directed to Mr. Baber then Sheriff, whereon Ingram had been taken in Execution and afterward Mr. Baber then Sheriff had suffer’d him to go at large; and for this Escape this Action of Debt is brought, in which the Debt and Costs recover’d by the Plaintiff against Ingram, is Demanded, as a Debt due from the Defendant. In argument it was alledged to be a Debt founded on the Statute of Richard 2d I suppose it is the 1 R. 2. ch. 12. but in the Plaint it was not said to be due by Virtue of any Statute