Claim Of Conusance

English Law: Claim of Conusance in the Past

English law. This is defined to be an intervention by a third person, demanding judicature in the cause against the plaintiff, who has chosen to begin his action out of claimant’s court. 2 Wilson’s R. 409.

Developments

It is a question of jurisdiction between the two courts Fortesc. R. 157; 5 Vin. Abr. 588; and not between the plaintiff and defendant, as in the case of plea to the jurisdiction and therefore, it must be demanded by the party entitled to conusance or by his representative and not by the defendant or his attorney. Id. ibid. A plea to the jurisdiction must be pleaded in person, but a claim of conusance may be made by attorney. 1 Chit. Pl. 403.

Details

There are three sorts of conusance. 1. Tentere placita, which does not oust another court of its jurisdiction, but only creates a concurrent one. 2. Cognitio placitorum, when the plea is commenced in one court, of which conusance belongs to another. 3. A conusance of exclusive jurisdiction; as that no other court must hold pica, etc. Hard. 509 Bac. Ab. Courts, D. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

1. Partialy, this information about claim of conusance is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including claim of conusance.

See Also