Thursday 30 May 2013

Garneston v Bradwell 1426

In 1650 W Lee, D Pakeman and G Bedell published Reports or causes in Chancery collected by Sir George Cary [FN1]. This volume includes a short report of Garneston v Bradwell in which costs were awarded in part against the claimant's clerk, Hugh Tyldesley.
For as much as the plaintant hath served processe upon the defendant to appear in this court return 15. Micha. and exhibited no sufficient Bill against him, and further for meere examination, sued out a Writ of Attachment against the defendant, before the returne of the subpoena; it is ordered that the plaintant shall pay unto the defendant 10s costs; and also that Hugh Tildesley, who made the processe against the defendant without a sufficient Bill, shall pay unto the defendant other 10s for his costs; William Garneston plaintant, Thomas Bradwell defendant. Anno 5.Hen 6.  Philip and Mary fol.11.

Costs against the defendant, and Clerk that made process before a Bill in Court
It is not yet certain who this Hugh Tyldesley is, though one possibility is that he is the brother of Thomas Tyldesley, serjeant at law, who died in 1410.  

1. Reports or causes in Chancery collected by Sir George Cary, one of the masters of the Chancery in in [sic] anno 1601, out of the labours of Master William Lambert ; whereunto is annexed the Kings order and decree in Chancery for a rule to be observed by the chancellor in that court, exemplified and enrolled for a perpetuall record there, anno 1616; together with an alphabeticall table of all the cases, W Lee, D Pakeman and G Bedell, 1650

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