CONSIMILI CASU

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CONSIMILI CASU

CONSIMILI CASU. These words occur in the Stat. West. 21 C. 24, 13 Ed. 1. which gave authority to the clerks in chancery to form new writs in consimili casu simili remedio indigente sicut prius fit breve. In execution of the powers granted by this statute, many new writs were formed by the clerk's in chancery, especially in real actions, as writs of quod permittat prosternere, against the alienee of land after the erection of a nuisance thereon, according to the analogy of the assize of nuisance, writs of juris utrum, c. &c. In respect to personal actions, it has, long been the practice to issue writs in consimili casu, in the most general form, e. g. in trespass on the case upon promises, leaving it to the plaintiff to state fully, and at large, his case in the declaration the sufficiency of which in point of law is always a question for the court to consider upon the pleadings and evidence. See Willes, Rep. 580; 2 Lord Ray. 957; 2 Durnf. & East, 51; 2 Wils. 146 17 Serg. & R.. 195; 3 Bl. Com. 51 7 Co. 4; F. N. B. 206; 3 Bouv. Inst. n. 3482.

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