A bill of intrusion was exhibited by the Queen in the Exchequer against Sir Robert Savell Kt. who pleaded in bar her pretence, and upon issue joyned, the matter was tryed by the records, and tbereupon judgment was given for the Queen, and an injunction for the possession awarded accordingly. Sir Robert dyed, and now Sir John Savell, son and heir of the said Sir Robert brought a writ of error in the Exchequer Chamber upon the statute of 31 E. 3. the perclose of which writ was, ad grave damnum ipsius Johannis Savell filii and haeredis dicti Roberti. It was objected against the writ, that no writ of error upon the said statute of 31 E. 3. lay upon such proceedings which at the time of the making of the said statute was not in force : for tryal of an issue in the Exchequer by record, was enacted by the statute of 33 H. 8. and the statute of 31 E. 3. extended to give a writ of error upon such judgments which were given by verdict, confession, or demurrer, and not upon tryal by records, which was given but of late times. But to this objection it was answered by the Lord Chancellor, and the other Judges, that long time before the said stat. of 33 H. 8, issues joyned in the Exchequer have been tryed by the records ; and he, when he was the Queens Solicitor, had seen divers presidents to that intent in the time of Hen 6.
Citations:
[1687] EngR 837, (1687) 4 Leo 104, (1687) 74 ER 759 (B)
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Litigation Practice
Updated: 02 May 2022; Ref: scu.395889
