1786-03-06 (static/transcriptions/1786/03/096.jpg)

21)

To shew that there was no Evid: at the former trial [which] proved Deft subj: to Jurisdon. But on consider— I thought it not right to admit it, as the Plea there was only non est factum, & was previous to the Rx of Court [which] throws the [ILL] probandi on the Plf.
v. the Case of
Cook v. Jones, in Cowpers Repts [ILL] 727 & 728 – wre Ld Mansfield says “The Deft can plead nothing in [ILL] of the line fa: [which] he might have pleaded to the origl action.