Trover becomes the normal mode of trying the
title to moveable goods as the courts oblige the defendant to
answer the charge of conversion without permitting him to dispute
the loss and finding.
This is an example of a writ for trespass on the case:
The King to the sheriff &c. as in Trespass to show: wherefore
(e.g.:___) he fixed piles across the water of Plim along which,
between the Humber and Gaunt, there is a common passage for ships
and boats, whereby a certain ship, with thirty quarters of malt of
him the said A, was sunk under water, and twenty quarters of the
malt of the price of one hundred shillings perished; and other
wrongs &c. as in trespass.
This is an example of a writ for trespass on the case in
assumpsit:
The King to the sheriff greeting &c. as in Trespass to show:
wherefore whereas he the Said X undertook well and competently to
cure the right eye of the Said A, which was accidentally injured,
for a certain sum of money beforehand received, he the same X so
negligently and carelessly applied his cure to the said eye, that
the said A by the fault of him the said X totally lost the sight
of the said eye, to the damage of him the said A of twenty pounds,
as he saith, and have there &c. wherefore whereas he the said X
undertook to make and build three carriages for conveying victuals
of him the said A to parts beyond the sea for a certain sum of
money beforehand received, within a certain term between them
agreed; he the said X did not take care to make and build the
carriages aforesaid within the term aforesaid, by which he the
said A hath wholly lost divers his goods and chattels, to the
value of one hundred marks, which ought to have been conveyed in
the carriages aforesaid, for want thereof to the great damage of
him the said A as it is said: and have there &c.
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