H brought debt upon an escape, and counts that he had recovered, andc. in Lond. against A. and had him in execution in Lond. and that from thence he was by hab. carp. remov’d and also committed to the Marshalsea, where the defendant was keeper.
And that he, andc. had suffered him to go at large voluntarily, andC. The defendant confesses, andc. and said that he had broken prison, and so escap’d contrary to his will ; and that upon fresh sute he had retaken A. (viz.) 18 day of May, before the bill exhibited also. But in truth that 18 day of May was after the bill exhibited, and an imparlance had, yet it was before any plea pleaded. And hy the Court that the reprisaI is found tarde, 13 E. 4. 9. for it shall be mischievous to the party to attend for a reprisal, which if in truth had been before, andc. it had been a good excuse and plea. As reparation of waste, before the writ brought is a good plea in waste. Also there needs not any traverse to a voluntary escape, where he confesses in voluntary escape ; for that is a good cause of action. And by the Court the plaintiff had judgement.
Citations:
[1669] EngR 271, (1669) Noy 93, (1669) 74 ER 1059 (A)
Links:
Insolvency
Updated: 02 May 2022; Ref: scu.407111