Saunders excepted to a judgment in a quod ei deforceat in the Grand Sessions protestando to follow in nature of a writ of entry in the post the tenant vouoht the demandant counterpleaded that it was out of the line, and after adjournment there to another term on demurrer, judgment peremptory was given, which per Jones pro defendant in the error is well on 8 H. 7, 7, per Vavisor, 11 H. 4, 22, peremptory, Br. 9 and 10, for albeit in an assize the party can vouch none but the party named in the writ, yet however when this is counterpleaded it’s peremptory, which the Court agreed after verdict, but this being after demurrer, adjornatur.
Citations:
[1685] EngR 3792, (1685) 2 Keb 553, (1685) 84 ER 347 (D)
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 12 April 2022; Ref: scu.400567