1787-11-13 (static/transcriptions/1787/11/296.jpg)

4 Rep: 94 B.
Slade’s case.
It appears in divers cases in the Register, that an Action on the case will lie, altho’ the Pl. may have another formed Action in the Register, F. N. B. 94. G. v. Register 103. 6. If a man has a manor within any honour, and has a Sect within his Manor of his Tenants, if he or his Tenants are destrained by the Lord of the Honour to come to the Sect of the honour, he who is so distrained may have a general writ of Trespass, or a special writ upon Case: Other cases are put in which perhaps other reasons intervene as if any officer takes toll of him who ought to be quit of Toll, he shall have a general writ of trespass, or an action upon his Case, as appears by Fitz. Il. 94. And if a prior or other Prilate is riding in his journey, and me distrains his Horse upon which he is riding when he may distrain other Goods, he may have a general action of Trespass or an Action upon his Case, as appears in the Register 100. L. v F. N. B. 93. H. If the Sheriff suffers one in Execution upon a statute Merchant to escape the [ILL] may have action of Debt, (a) or an Action on the case, as appears by the Register 98. L. v F. N. B. 93. B. C. So if a man ousts the Executors of his Lessee for years of their Term, they may have a special Writ upon their case, as appears F. N. B. 92 G. v Register 97. and yet they may have Ejectione firma, or Trespass. And therefore it was concluded that in all Cases when the Register has two writs for one and the same case, it is in the party’s Election to take either]
In Alley as Rep: 84