A Treatise On the Law of Evidence volume 2

Cover A Treatise On the Law of Evidence volume 2
A Treatise On the Law of Evidence volume 2
Phillipps, S. M. (Samuel March), 1780-1862
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Manifestly appears, " and, in proof of this commitment, the plaintiff produced in evidence the writ of habeas corpus, with the committitvr indorsed thereon, from the office of the Clerk of the Papers in the King's Bench prison : it was objected, that this was not a record of the court, within any proper sense of the word ; but the objection was over-ruled at the trial, and, as the Court of King's Bench afterwards held properly over-ruled; for, according to the practice of the Court, such writs,... with the committitur indorsed, are never returned, or filed, or kept by the Court at Westminster, or elsewhere, but have always remained, as any other warrant naturally would, in the hands of the officer, to whom it was directed, as his voucher and authority : nor can they properly (1) Williams v. Bridges, 2 Starkie, C6. As to the distinction between N. P. C. 42. Material and immaterial averments, (2) Gunter v. Cleyton, 2 Lev. 85. See R. V. Holt, 5 T. K. 446. Peppin (5) Webb v. Sheriff of Middlesex, v.

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