An action of trover and conversion was brought in the King’s Bench ; after verdict for the plaintiff; he had judgment ; affirmed in error ; although neither the bill nor bail was entered : for he may be in custodia mareschalli, notwithstanding; and the want of a bill is aided by 18 El. cap. 14, for it is an original; and to be in custodia mareaschalli os only a fiction ; it is sufficient to declare that the defendant is in custodia mareschalli. This judgment was affirmed in the Exchequer chamber and both the records sent into the King’s Bench.
Citations:
[1220] EngR 234, (1220-1623) Jenk 900, (1220) 145 ER 218 (E)
Links:
Torts – Other
Updated: 18 May 2022; Ref: scu.461146