1778-10-29 (static/transcriptions/1778/10/014.jpg)

1778. 4 Term. Thursday Oct. 29.

Thursday Oct. 29th 1778.
Present
Sir Robert Chambers
&
Mr. Justice Hyde.
[Triple Line]
Mr. Newman, To shew cause why the Judgment and Execution should not be set-aside for irregularity. See page 134 Oct. 24th 1778.
Mr. Newman says. Though this Warrant of Attorney may have abated as to Monohur, yet I can not see how the present defendant can object to this judgment. The death of the Party does not revoke the Warrant of Attorney, as is held in the Case of Odes v Woodward in Salkeld 87; in Farresly 93, and in Lord Raymond 849. Mem: to look at the Case.
The resolution only is, that if the Judgment had been regularly enter’d of the Term while the defendant was alive it would have been binding by relation.