On the death of Sir Henry North, one of the knights for Suffolk ; a writ was issued forth for the election of a new member, and Sir Samuel Barnardiston and my Lord Huntingtowre were the two candidates ; but Sir Samuel carried it by 78 voices, and was returned ; and my Lord Huntingtowre having made an interest with the sheriff, got the sheriff to return him too, and he sat in the House till the election was there determined for Sir Samuel : whereupon Sir Samuel Barnardiston, for this double return, brought an action upon the case against the sheriff, and tried it at the King’s Bench Bar, 12 Nov. 1674, before my Lord Chief Justice Hale, and recovered 1000l damages : and afterwards a writ of error was brought in the Exchequer-Chamber, and there the judgment in the King’s-Bench was reversed :
North CJ said: ‘They who are intrusted to judge, ought to be free from vexation, that they may determine without fear; the law requires courage in a judge, and therefore provides security for the support of that courage.’
Judges:
North CJ
Citations:
[1702] EngR 9, (1702) Pollex 470, (1702) 86 ER 615
Links:
Citing:
See Also – Barnardiston v Soam (No 1) 1685
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See Also – Barnardiston v Soam (No 2) 1685
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See Also – Barnardiston v Soam (No 3) 1685
Offly for the plaintiff, that debt lieth pending error n 22 H, 6, 38, being a new original, which the Court agreed ; and a respondeas ouster ; and notwithstanding it was affirmed that judgment in debt pending error here was reversed in Exchequer . .
See Also – Barnardiston v Soam (No 4) 1685
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Cited by:
See Also – Sir William Soames v Sir Sam Barnardiston 1826
Action on the case lies not against a sheriff for making a double return to a Parliamentary writ. . .
See Also – Sir Samuel, Barnardiston v Sir Will Soames 1826
Whether an action on the case lies at common law against the sheriff for maliciously making a double return upon a writ to elect a member of Parliament. . .
See Also – Sir Samuel Barnardiston v Soames 1826
Case lies against the sheriff at common law for making a double return to a Parliamentary writ falsely, maliciously, and with intent to put the pIaintiff to expense. Disseni, Rainsford J . .
See Also – Barnardiston v Soames 1826
Case lies against the sheriff at common law for making a double return to a Parliamentary writ falsely, maliciously, and with intent to put the pIaintiff to expense. Disseni, Rainsford J . .
Cited – More v Weaver CA 11-Jul-1928
The appellant brought the latest of several actions, this time alleging defamation in letters from the respondent to her own solicitors making certain statements about the appellant. Those letters had become public in the course of the earlier . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Elections
Updated: 11 May 2022; Ref: scu.392226