Glossary : consimili casu
Definition 1
These words occur in the Stat. West. 21 C. 24, 13
Ed. 1. wbich 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 inthe 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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