1787-11-13 (static/transcriptions/1787/11/301.jpg)

Mr. Turicer, that this Act: doth lie, bec: here’s both injury & damage, & there’s the St: of Westm: 1. Wch prohibits such Suits in [ILL] Courts, he cited 2 Cro: 663._3 Cro: 628.836. 1 Lid: 42.463. 1 Saund: 228. The action will not lie for a causeless suit alone, that is, bec: of their general Jurisdiction; but here this Action is for an unjust Veration. 4 Rep: 14. The quare here is, if the process be illegal, & it is so, [ILL] all Coram non Indice. Perhaps an Act: will not lie [ILL] an Officer, for he is justifiable, but here it is agit the Party. Fitz: lit. Estopel. 18. 17 Hen: 6. 45. The Case of Hudson & Bock. Pasch 25 Car. 2. 6. B was as this, & Judic pro quer. Smith & Fuller. him. 27 Car. 2 Rot: 1442. B. R. Prickhouse & Bittler. And the Practice of late hath been frequent to bring Actions of this nature. Ch: Just: Holt, Its [ILL] an action shd lie. Of late the [ILL] have run with the Act: nay in Illcitt & Bessey’s lease souce held, false Imprisonment to lie agit the Gaoler; but surely ‘tis hard an Act: shd lie for seeing with cause, bec: out of the Jurisdn, & that, bec: no cause within the Jurisdiction, & an Act: will not lie for Suit on a Verdict for the Deft, when there’s no cause at all
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