Journeys Account
English Law: Journeys Account in the Past
When a writ abated without any fault of the plaintiff, he was permitted to sue out a new writ, within as little time as he possibly could after abatement of the first writ, which was quasi a continuance of the first writ and placed him in a situation in which he would have been, supposing he had still, proceeded on that writ. This was called journeys account.
Developments
This mode of proceeding has fallen into disuse, the practice now being to allow that writ to be quashed and torque out another. Vide Termes de la Ley, h. t.; Bac. Ab. Abatement, Q; 14 Vin. Ab. 558; 4 Comyn’s Digest (A digest of the laws of England, 1822) 714; 7 Mann. & Gr. 762. [1][rtbs name=”history-of-english-law”]
Resources
Notes and References
- Partialy, this information about journeys account is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including journeys account.