1787-11-13 (static/transcriptions/1787/11/320.jpg)

Arrest of Judgment, for that it was not shewn, that the Defendant knew that the place when the cause of Action arose, was out of the Jurisdiction. But it was held by Jeffrys, Halloway and Walcot, that it was aided by the Verdict, Withers being of the contrary Opinion. I then thought it (I confess) strange, that the Gist of the Action should be aided by the Verdict. It was agreed in that case, that it cou’d not be assign’d for Error in Fact, that the cause of Action arose out of the Jurisdiction of the Court, because it was contrary to the allegation of the Record; and that the Officer was not punishable who executed the Process in such action, but that an Action on the Case wou’d be against the Party, it was said, that it was so resolved in a case between Cowper and Cowper, in Pasch. 18 Car. Q. in Scaccar’ when Hale Chief Baron sat there. I have caus’d the Roll to be search’d, and have seen the Record thereof, and it was enter’d Hill. 18 & 19 Car. Q. in Scaccar. Rot. 55. The Plaintiff declar’d that the Defendant without any Cause of Action, by Virtue of a pretended Precept out of the Burrough – Court of Southwark ad magna pretense dampna, procur’d him to be arrested and detained in prison till such a Day for want of Bail, ubi revera he had not any cause of Action infra Jurisdictionein Curia. Non culp’ was pleaded, and &
Verdict