swarb.co.uk - law index
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Coroners - From: 1200 To: 1799
This page lists 2 cases, and was prepared on 20 May 2019.
Case 22 H 6, 51 12 E 4, Ch 1 13 E 4, 6 Process, Viscount By The Judges of Both Benches Co Lit 157 B Hob 139 [1220] EngR 335; (1220-1623) Jenk 99; (1220) 145 ER 71 (A)
1220
Coroners
In case of the death or removal of a sheriff before the end of his year; no new process shall issue until a new sheriff is made, but shall wait till then, and not be directed to the coroners : but if issue be joined, and the plaintiff suggests to the court that the sheriff is his cousin, and the defendant does not deny it ; process shall issue to the coroners to speed the suit. So if it be suggested in Chancery, and not denied by the other party, that the sheriff is plaintiff, or defendant in the suit; the writ shall be directed by the coroners. [*By the statutes of 12 E. 4, ch. 1, and 17 E. 4, ch. 6, after the end of Michaelmas and Hillary terms, no writ or process shall be directed to the old sheriff, for the sheriff is not to continue in his office any longer. ] Where a sheriff makes a false or insufficient return, he shall be fined or amerced, as the case requires : but notwithstanding these misdemanours, the writ shall continue to be directed to him, and not to the coroners.
[ Commonlii ]
Wood v An Inquest [1561] Mor 14081
21 Nov 1561
SCS
Coroners
Anent the summons raised at the Queen's Grace's instance, and John Wood, for his interest, against A., and others of Inquest, for manifest and will error for serving of Walter Wood, second son of umquhile G. Wood, as heir to the said G., of certain lands, howbeit of verity the said John, eldest son to the said G., was in life the time of the said serving, and yet is nearest and lawful heir to his said father. It was alleged for the said Inquest, That the said John Wood, eldest son foresaid, was, in time of the serving, and seven years immediately continually before, forth of the country, and reputed a dead man, by his father and the whole country.; wherefore, the said Inquest should be assoilzied of wilful error; which allegeance was found relevant, and admitted by the Lords, and the said Inquest assoilzied from wilful error.
[ Bailii ]
