{"id":6136,"date":"2017-11-02T01:32:00","date_gmt":"2017-11-02T01:32:00","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=6136"},"modified":"2017-11-02T01:32:00","modified_gmt":"2017-11-02T01:32:00","slug":"writ-of-false-judgment","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=6136","title":{"rendered":"Writ of False Judgment –"},"content":{"rendered":"

Writ of False Judgment<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>(16c) Hist<\/em>. A writ filed to obtain review of a judgment of a court not of record.<\/strong> \u2013 Also termed false judgment<\/em>.\u201d [1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from\u00a0William Blackstone’s\u00a0Commentaries on the Laws of England<\/a><\/em>:\u00a0 \u00a0 \u00a0<\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cAfter judgment given, a writ also of false judgment lies<\/span><\/strong><\/span>
\nto the courts at Westminster to rehear & review the cause, & not a writ of error; for this is not a court of record…<\/span>\u201d\u00a0<\/strong>[2]<\/span><\/p>\n

\u00a0Excerpt from Roscoe Pound’s\u00a0Appellate Procedure in Civil Cases<\/a><\/em>:<\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cIn order to correct errors in a court not of record, the<\/span><\/strong><\/span>
\nproper remedy was a writ of false judgment. It was an original\u00a0<\/strong><\/span>writ issuing out of Chancery & law where an erroneous\u00a0<\/strong><\/span>judgment was claimed to have been rendered in a court not of\u00a0<\/strong><\/span>record in which the suitors, i.e. persons bound to attend the\u00a0<\/strong><\/span>court, were judges, such as a county court, a hundred court, or\u00a0<\/strong><\/span>the court of a lord. Any one who had sustained damage by the\u00a0<\/strong><\/span>judgment could bring the writ. It was not necessary for all the\u00a0<\/strong><\/span>parties against whom the judgment was rendered to join as in a\u00a0<\/strong><\/span>writ of error. The writ was made out by the cursitor & was to\u00a0<\/strong><\/span>be served in court. If the lord refused to hold his court, there\u00a0<\/strong><\/span>was a writ of distringas to compel him. The writ operated as a\u00a0<\/strong><\/span>supersedas from the time of a service. After the Revolution\u00a0<\/strong><\/span>there were statutes requiring a recognizance with two sureties\u00a0<\/strong><\/span>in certain cases, but there was no such requirement tilt the last\u00a0<\/strong><\/span><\/span>decade of the eighteenth century.<\/span>\u201d<\/strong> [3]<\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

[1]:\u00a0Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/strong><\/span><\/p>\n

[2]: 3 William Blackstone, Commentaries on the Laws of England<\/a><\/strong><\/span>
\n34 (1768)<\/strong><\/span><\/p>\n

[3]: Roscoe Pound, Appellate Procedure in Civil Cases<\/a> 60<\/strong><\/span>
\n(1941)<\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Writ of False Judgment: \u201c(16c) Hist. A writ filed to obtain review of a judgment of a court not of record. \u2013 Also termed false judgment.\u201d [1] \u00a0 \u00a0 \u00a0Excerpt from\u00a0William Blackstone’s\u00a0Commentaries on the Laws of England:\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0\u201cAfter judgment given, a writ also of false judgment lies to the courts at … Continue reading Writ of False Judgment –<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":6074,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-6136","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/6136","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6136"}],"version-history":[{"count":1,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/6136\/revisions"}],"predecessor-version":[{"id":6137,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/6136\/revisions\/6137"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/6074"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6136"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}