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AN ANALYTICAL DIGESTED INDEX ΤΟ THE COMMON LAW REPORTS FROM THE TIME OF HENRY III. TO THE COMMENCEMENT OF THE REIGN OF GEORGE III. WITH TABLES OF THE TITLES AND NAMES OF CASES. BY THOMAS COVENTRY, Esq. OF LINCOLN'S INN, BARRISTER AT LAW, AND SAMUEL HUGHES, Esq. OF THE INNER TEMPLE. IN TWO VOLUMES. VOL. II. FIRST AMERICAN, FROM THE LAST LONDON EDITION. PHILADELPHIA: R. H. SMALL, LAW BOOKSELLER, 15 MINOR STREET. 1832. A DIGESTED INDEX, &c. 1. WHAT DEFECTS ARE AIDED STATUTES OF JEOFAILS. 1. The statutes of jeofails are construed liberally. Jenk. 21. 288. 295. 306. 335. 340. 2. All statutes of jeofails extend to Wales. Hall v. Vaughan, 5 Co. 49 a. 3. The statutes of jeofails extend to the civil suits of the crown. Rex v. Bishop of Miden, Stra. 62. 4. After verdict, it may be intended no verdict was given for matter insensible; but it shall not be so intended for matter sensible, though insufficient in law. Clerk v. Martin. Salk. 129. 364. 5. The statute 16 & 17 Car. 2. c. 8. will aid a mistrial where the venue is in a proper county, but not where the county is mistaken. Naylor v. Sharpless, 2 Mod. 24. 6. By that statute and the 4 & 5 Ann. c. 16. no judgment after verdict, &c. shall be reversed for want of a misericordia or capiatur, &c. 1 Mod. 73. notis. 7. On 16 & 17 Car. 2. an actual amendment is not requisite. Hachet v. Marshall, Stra. 1011. 8. The statutes of jeofails are by the 4 Ann. extended to judgments by default; but they are protected against such objections only as are cured by the statutes of jeofail after a verdict. Hayes v. Warren, Stra. 933. 1 Saund. 227. 9. An insufficient return of a devastavit is aided by verdict. Brook v. Ellis, 1 Salk. cum, it is aided after verdict as no original. Hob. 251. 13. If after verdict it appears that the record recites a vicious original, yet if no original writ is to be found upon the file, the court will intend that there was once a good original which is lost, and that the clerk has mistaken the recital of it, which, after verdict, is not material. Redman v. Edolph, 1 Saund. 318. 14. A trial in formedon between the vouchees and demandant is within the statute* of jeofails, though [ *822 ] they are not both parties to the writ. 2 Dy. 188. pl. 11. 15. An information for usury commenced in C. B. by subpoena is aided by the statute of jeofails. 3 Dy. 346. pl. 9. 16. The want of an averment is helped by the statutes of jeofails. Lee v. Edwards, 1 Mod. 14. 17. The want of place is remedied after verdict. Plant v. Thorley, Hob. 176. Mo. 702. 18. In an action by an executor of an executor, if it be not shown that the first executor proved the will, the omission is cured by a verdict. Cradell v. Tyson, Stra. 716. 19. Want of profert is helped by verdict, but on demurrer is fatal. Williams v. Salisbury, 12 Mod. 30. 20. An action in the debet and detinet where it ought to be detinet only, is aided by the statute. Burland v. Tyler, 8 Mod. 356. 2 Ld. Raym. 1393. 21. Declaration of copyhold lands without saying ad voluntat. domini, held well after verdict, because alleged to be parcel of the manor. Crowther v. Oldfield, Salk. 364. 22. A bargain and sale of land pleaded, but no consideration shown; it is cured by verdict on an issue of non concessit. Mannington v. Guillian, 1. Lev. 308. 23. After verdict, no advantage can be taken of an ill plea, but it may be aided by the statute of jeofails. Anon. 11 Mod. 2. 24. Want of alleging a presentation in quare impedit, is cured by verdict. Rex v. Bishop of Llandaff, Stra. 1011. 25. On a policy of assurance, the declara tion was quod navis et bona submersa fuit, where only the goods were insured; yet held good, and the false Latin cured by the verdict. Cambridge v. Lee, 380. 26. On a promise to pay in consideration of forbearance, averring that he did extunc totaliter abstinere, &c., the omission of hujusque is aided by the verdict. Edwards v. Roberts, 2 Mod. 24. 27. In debt for rent, the lessee pleaded that the lord intravit, which is insufficient, but after issue joined upon it, and the defendant had a verdict, held good. Hob. 326. 28. In debt upon a lease for three years' rent, the want of an averment of the continuance in possession is aided by the verdict. Gostwick v. Mason, 1 Mod. 3. 29. In ejectment for corn-mills, and so many acres of heath and furze generally, the omission of stating the kinds of mills, and the different quantities of heath and furze, is aided by a verdict. Fitzgerald v. Marshall, 1 Mod. 90. 30. If by the plaintiff's own showing it appear he has no cause of action for part, the writ which ought to have abated is helped after verdict. Earl of Clanrickard's case, Hob. 281. 282. 31. Want of a traverse is aided. Bradburn v. Kennardale, 3 Mod. 319. 32. In an action on the case on a promise to give a bond with sufficient penalty, the omission of stating the penalty is aided by a verdict. Cotterall v. Marshall, 1 Mod. 70. 33. In an action for levying a plaint without cause, and procuring the plaintiff to be arrested thereon, without alleging that the plaint was determined, this defect is aided alter verdict. Skinner v. Gunton, 1 Saund. 229. 34. Want of form to be remedied by the statute of 18 Eliz., is in such matters of course as the clerk might have supplied without information of the party. Playter v. Warne, 5 Co. 34 b. 35. These statutes aid all discontinuances both before and after verdict, and as well in inferior as in the superior courts. Holman v. Collins, Cro. Eliz. 489. Hob. 187. Mo. 709. Walwin v. Smith, 4 Mod. 87. 36. Where the issue is material, but larger than needed, it is helped by statute 32 Hen. 9. Jeffery v. Barrow, 10 Mod. 19. Wood v. Budden, Hob. 119. 37. The name of plaintiff for defendant in the joining issue is aided. Rawbone v. Hickman, Stra. 551. 38. So, if the day and place are made parcel of the issue where they ought not. Bennett v. Holbech, 2 Saund. 317. Cumber v. Wade, 11 Mod. 342. Mo. 695. 39. An informal or misjoined issue is cured by a verdict, but an immaterial issue not. Banks v. Parker, Hob. 76. 1 Lev. 183. Peck v. Hill, 2 Mod. 137. Cro. Eliz. 470. Mo. 693. 40. But an immaterial issue is [ *823 ] aided after verdict if it be good in form. Harris v. Ferrand, Hardw. 42, 43. Vide 68, 69. Staple v. Heydon, 6 Mod. 10. Mo. 574. 41. If the issue as it is joined be uncertain and confused, or taken upon a thing confessed in pleading, yet a verdict upon it will help it. Stukeley v. Underhill, Hob. 113. Mo. 696. 42. In waste by pulling up a copper fixed to the soil by the lessee, and plea of a devise thereof by the lessee, issue on the devise is a jeofail. 3 Dy. 272. pl. 33. 43. Where the venire bears date out of term, or on a Sunday, or the return-day is omitted on the roll, after verdict it is aided by the statute of jeofails. Willoughby v. Gray, Cro. Eliz. 467. Mo. 684. 710. 44. Where the return-day of the ven. fac. is misstated on the roll, the mistake is aided. Mo. 696. 45. The want of a ven. fac. is helped by the statute of jeofails, but not an erroneous one. March, 26, pl. 60. 46. Want of writ of inquiry is aided. Mallory v. Jennings, Stra. 878. II. WHAT ARE NOT AIDED. 1. The statutes of jeofails do not extend to inferior courts. 1 Saund. 74. n. (1). Contra, Philer v. Boson, 3 Salk. 130. 2. The statute of jeofails does not extend to Ireland to amend defects of record. 2 Ro. 168. 3. Nor to actions on penal statutes. Hob. 328. 4. None of the statutes of jeofails help an insufficient indictment. Rex v. Sparks, 3 Mod. 79. 5. Nor an information on a penal statute by a common informer. Wyat v. Aland, Salk. 325. 6. The want of or defect in an original writ is now aided by the 38 Eliz. c. 14. though formerly otherwise. 1 Mod. 3. notis' Taylor v. Brindley, 3 Mod. 136. W. Jo. 304° Cannon v. Abbot, 1 Lev. 210. Redman v. Edolfe, 1 Mod. 3. Cro. Jac. 479. 7. A verdict will not aid a bad title when shown, though it need not be shown; but it will aid a title where defectively set forth. Crowther v. Oldfield, Salk. 365. and note. 8. If issue be joined upon an award of presentment, and it be found for the plaintiff, yet if the plaintiff have not alleged a breach or a refusal (though such a breach be not traversable) he can have no judgment, notwithstanding the statute. Brickhead v. Abp. of York, Hob. 197, 198, 233. 9. The statutes of jeofails do not help when the court cannot give judgment. 1 Mod. 67. 10. The assize found a thing triable in another county, which ought not to have been tried by the assize, but by pais; this is not remedied by the statute. Mo. 91. |