Case XX 12 Jac 11 Co 56, Bentham’s Case 5 Co 38, Tey’s Case 10 C 115 Pilfold’s Case, 117 A Dyer, 320, 369 8 Co 58, Beeeher’s Case, 59 A 11 H 6, 29 Error, Judgment, Verdict, Release, Office De Court: 1220

Annuity is brought; the plaintiff has a verdict for the annuity, but the verdict does not give any damages or costs ; the plaintiff releases the damages and costs of record : he shall have judment for the annuity for two reasons : this release shall be understood to be before the verdict ; and a writ of error does not lie for the defendant in this case ; for the reIease is for his advantage.
Error, judged and affirmed in error.
If this release had not been ; upon a writ of error brought by the defendant, the court ex officio should reverse the judgment : for, damages and costs are due as well as the annuity.
[1220] EngR 111, (1220-1623) Jenk 286, (1220) 145 ER 207 (A)
Commonlii
England and Wales

Updated: 20 October 2021; Ref: scu.461023