1787-11-13 (static/transcriptions/1787/11/294.jpg)
If A: [ILL] B. in spiritual Court for tithes, contrary to a Composition by him made, an Action upon the case his for it. Hob. Rep: in Case 207 cites Mich. 43 & 44 Eliz: B. R. between Pray and Partridge, for this Suit is Corarn non judice.
If a Man brings an action upon a false Surmise in a proper Court, no Action lies for it; for the Suit was legal, tho’ the cause thereof was not true, for which he shall pay costs. Hob: Rep: Ca: 352 vide Hob: pa 266. 267.
An Action on the case was brought for suing in the admiralty Court, for a Thing done on the Land, and not on the Sea. 1 [ILL]. 4. Row Vs Alport.
It is true that Preferring a Bill in the Spiritual Court against the Plaintiff for [ILL]. is not actionable. Agreed per [ILL] in Littleton’s Report that they would not overrule it upon the [ILL]