deeds. made default, and there is now due and owing from the said C On mortgage D to the said A B, for and on account of the said sum of ―. and interest thereon, a large sum of money, to wit, the sum of -. of lawful money, &c. above demanded, to wit, at, &c. aforesaid, whereby an action hath accrued to the said AB to demand and have of and from the said CD the said sum of 7. above demanded. Yet, &c. (Common conclusion in debt as ante, 144.) V. ON RECORDS. Term, in the [Commencement as usual in debt, ante, 141.] For that whereas the said CD heretofore, to wit, in year of the reign of our lord the now king, came personally into the court of our said lord the king, before the king himself here, the said court then and still being holden at Westminster, in the county of Middlesex,(i) in his proper person, and then and there became pledge and bail for one E F, that if it should happen that the said E F should be convicted at the suit of the *said A B in a certain plea of trespass on the case upon promises, then depending in the said court by and at the suit of the said B against the said E F, then the said CD consented and agreed that all such damages, costs and charges as should be adjudged unto the said A B in that behalf, should be made of his lands and chattels, and levied to the use of the said AB if it should happen that the said E F should not pay unto the said A B those damages, costs and charges, or render his body on that occasion to the prison of the marshal of the marshalsea, of our lord the king before the king himself.) As by the record of the said recognisance, still remaining in the said court of our said lord the king, before (h) As to this form, 2 Salk. 564. 2 Ld. Raym. 966. 5 East, 461. In debt on a recoguisance of bail, it should be stated in the declaration, at whose suit the defendant became bail, and for what sum, &c. 1 Wils. 284. Willes, 19. n. a. Com. Dig Pleader, 2 W. 10. see the precedents, 7 Wentw. Index, 549. (i) The venue is local, and must be laid in the county in which the record is, ante, t. vol. I. Index, Venue. Hob. 196. Tidd, 1035. (k) The description of the recog nisance, is to be taken from the entry of the recognisance by bill, with which it should precisely correspondSee Tidd's Prac. Forms, 104 On recogni- the king himself here, to wit, at Westminster aforesaid, more. sances of bail. fully appears, and although the said A B afterwards, that is to say, in, &c. that same Michaelmas Term, in the 47th year aforesaid, in the said court of our said lord the king, before the king himself here, to wit, at Westminster aforesaid, in the county of Middlesex aforesaid, by bill without the writ of our said lord the king, and by the consideration and judgment of the said court, recovered in the said plea against the said E F, * 179 26. On a re cognisance of bail in C. B. against one of the bail. (7) . for his damages which he had sustained, as well on the occasion of not performing certain promises and undertakings, then lately made by the said E F to the said A B, as for his costs and charges by him about his suit in that behalf expended, whereof the said E F is convicted, as by the record and proceedings thereof, still remaining in the said court of our said. lord the king, before the king himself here, to wit, at Westminster aforesaid, more fully appears. Yet the said E F hath not paid to the said A B the said damages, costs, and charges, or any part thereof, nor rendered his body on that occasion, to the prison of the marshal of the marshalsea of our said lord the king, before the king himself, according to the form and *effect of the said recognisance, and as well the said recognisance as the said judgment still remain in full force and effect, in no wise satisfied, vacated, or discharged. And the said A B hath not yet obtained any execution of the said judgment, whereby and according to the form and effect of the said recognisance, an action hath accrued to the said A B to demand and have of and from the said C D, the said sum of —. in form aforesaid recovered and above demanded. Yet, &c. sion in debt, ut ante, 144.) [Commencement as usual in debt, ante, 141.] (Conclu For that whereas the said CD heretofore, to wit, in Term, in the year of the reign of our lord the now king, came personally into his majesty's court, before the right ho () Observe the notes to the last precedent. If taken before a commissioner in the country, or by a judge at chambers. Sec Lutw. 1282. 2 Salk. 564. 2 Ld. Raym, 966. 5 East, 461. See the entries, Thomp. 125. 2 Brownl. 176. Brown. Red. 209, 210. and 7 Wentw. Index, 549. nourable Sir James Mansfield, knight, and his companions, then his said majesty's justices of the bench here, to wit, at Westminster, in the county of Middlesex, and then and there in the said court here, acknowledged(m) himself to owe to the said A B the said sum of 7. above demanded, which said sum of the said CD for himself and his heirs, did consent and grant to be made of his lands and chattels, and levied to the use and behoof of the said A B upon this condition, that if judgment should happen in the said court here, to be given for the said AB against one E F in a certain plea of trespass on the case, by the said A B against the said E F in the said court brought, then that the said CD should satisfy all such damages, which should be adjudged to the said A B against the said E Fin the same court here, in the plea aforesaid, or should render his body on that occasion to the prison of the Fleet: as by the record of the said recognisance remaining in the said court here, at Westminster aforesaid, may more fully appear. And whereas also afterwards, to wit, in that said term, in the -year of the reign aforesaid, judgment was given in the said court, before the said Sir James Mansfield, knight, and his companions, then his said majesty's justices of the bench here, to wit, at Westminster aforesaid, for the said A B against the said E Fin the plea aforesaid. And the said A B then and there, by the consideration and judgment of the same court, recovered in the said plea against the said E F, . which in and by the said court, were adjudged to the said A B for his damages which he had sustained, as well by the reason of his non-performance of certain promises and undertakings before then made by the said E F to the said A B, as for his costs and char ges by him about his suit in that behalf expended, whereof the said E F was convicted, as by the record and proceedings thereof, still remaining in the said court of the bench here, to wit, at Westminster aforesaid, more fully appears. And the said A B in fact saith, that the said E F hath not yet satisfied the On recogni sances of bail. * 180 (m) This is to be taken from the entry of the recognisance with which it should correspond. See Imp. C. P. VOL. II. 537. as to the form of which, see 1 B. On recogni- said A B the damages aforesaid, by the said A B so recovered sances of bail. against the said E F as aforesaid, or any part thereof, or rendered his body on that occasion to the prison of the Fleet, according to the form and effect of the condition of the said recognisance, and that he the said A B hath not yet obtained execution of the said judgment against the said E F, nor any execution upon the said recognisance. And the said AB further saith, that the said judgment, so obtained against the said E F, still remains in full force, strength and effect, not in any way reversed, vacated, paid off or satisfied, whereby an action hath accrued to the said A B to demand and have of and from the said CD the said sum of 7. in form aforesaid *acknowledged and above demanded. Yet, &c. (Usual conclusion in debt, as aute, 144.) *181 27. Declaration ou a final judgment in K. B. or C. P. or exchequer, Middlesex, (to wit.)(0) A B complains of CD, &c. [Commencement in K. B. or C. P. as usual in debt, ante, 141. and proceed as follows:] For that whereas the said A B heretoin assumpsit. fore, to wit, in (n) term,() in the year of the reign of our lord the now king, in the court of our said lord the king, be fore the king himself, the said court then and still being holden at Westminster, in the county of Middlesex, by bill without the writ of our said lord the king, (or if in C. P. say, "before the Rt. Hon. Sir James Mansfield, knt. and his companions, then and still being his majesty's justices of the bench herc, to wit, at Westminster, in the county of Middlesex," or if in the exchequer say, "in the court of our said lord the king, before the barons of his exchequer, at Westminster, in the county of Middlesex,") by the consideration and judgment of the said court, (n) Debt lies in the superior courts on a judgment obtained in the inferior courts, and vice versa, Gilb. Debt, $92, 393. The courts, however, discourage actions of debt on judgment, Id. ibid. and by 43 Geo. III. c. 46. s. 4. the plaintiff in such action is not entitled to costs, unless the court will make an order for that purpose. Error in the judgment is no ground of objection in an action upon it, 2 Lev. 161. As to the declaration in gene ral, see Gilb. Debt, 412. &c. Com Dig. Pleader, 2 W. 12. 1 Saund. 92. n. 2. 529. n. 1, 2, 3. Aute, vol. 1. Index, tit. Debt. (a) The venue is local, (iilb. Debt, 413. Ante, vol. 1. Index, Venue. (p) The term and parties must be shewn, Com. Dig. Pleader, 2 W. 12. As to pleading a judgment in an inferior court, id. ibid. 1 Saund. 92. n. 2. Ante, vol. 1. Index, Declaration ments. *182 covered against the said CD,† the sum of. above de- On judg manded, which in and by the said court were then and there adjudged to the said A B for his damages, which he had sustained as well by reason of the non-performance by the said CD of certain promises and undertakings, then lately made by the said CD to the said A B, as for his costs and charges, by him about his *suit in that behalf expended, whereof the said CD was convicted, as by the record and proceedings thereof, remaining in the said court of our said lord the king, before the king himself, (or if in C. P. say, "of the bench aforesaid, at Westminster aforesaid," or if in the ex chequer, say, CC of our said lord the king, before the barons of his exchequer, at Westminster aforesaid,") more fully appears, which said judgment still remains in full force and effect,(g) not reversed, satisfied, or otherwise vacated. And the said A B hath not obtained any execution or satisfaction of or upon the said judgment so recovered as aforesaid, whereby an action hath accrued to the said A B to demand and have of and from the said CD, the said sum of 7. above demanded; yet, &c. [Conclusion as ante, 144. and insert damages sufficient to cover interest, &c.] debt. [As in the last precedent as far as the obelisk, and then proceed The like on as follows:] As well a certain debt of -. as also. which judgment in and by the said court of our said lord the king, before the king himself, (or if in C. P. " which in and by the said court of our said lord the king, of the bench,") were then and there adjudged to the said A B for his damages, which he had sustained, as well by reason of the detention of the said debt as for his costs and charges, by him about his suit in that behalf expended, whereof the said C D. was convicted, as by the record, &c. [As in the last precedent to the end.] [Same as the precedent, ante, 181. to the obelisk, then proceed On judgmen as follows: "The sum of . above demanded, which in and for the de fendant on by the said court, of our said lord the king, before the king verdict. himself, were adjudged to the said A B, and with his assent (9) As to this allegation, Com. Dig. 1 Saund. 330. n. 4. Pleader, 2 W. 12. it is not necessary, |