CASE XLVI 5 E 4, 93 Stamf 85 Ve Na Br 50: 1220

A. recovers against B. in a praecipe quod reddat, by default ; the writ of deceit in this case is judicial, and issues out of the Common Pleas, and the process is attachment and distress infinite, and is mentioned in the writ ; and in this case A. and the sheriff, and the summoners and veiors are made parties by this writ; that is, he who was sheriff and made the, return of the summons which by the writ of deceit is alledged to be false. If the present sheriff did this deceit, the writ of deceit aforesaid shall be directed to the coroners. The sheriff in this case for summoner return C. and D, de Dale, yeomen, summonitores ; the tenant shall have an averment aganst this return, that there are in Dale, yeomen, two C.’s and D.’s ; C. and D named in the sheriff’s return to be the summoners, are the elder; and other C. and D. the younger, by which the sheriff has returned the said false summons to be made : this issue, which of them was returned by the sheriff; and whether they be the sumnoners returned by the sheriff or not, shall not be tried by the country, but by the examination of the judges ; as infancy upon a writ of error to reverse a fine levied by him during his nonage ; this nonage shall be tried by inspection, and the examination of the judges, and not otherwise.

Citations:

[1220] EngR 560, (1220-1623) Jenk 122, (1220) 145 ER 86 (A)

Links:

Commonlii

Litigation Practice

Updated: 18 May 2022; Ref: scu.461472