Beaurain, Gent, v Right Hon Sir W. Scott
| Jurisdiction | England & Wales |
| Judgment Date | 06 March 1813 |
| Date | 06 March 1813 |
| Court | High Court |
English Reports Citation: 170 E.R. 1420
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Considered, Wood v Wood, 1874, L R 9 Ex 190
[388] Saturday, March 6, 1813. beaurain, gent , v right Hox sir W. scott (An action on the case may be maintained against a Judge of the Ecclesiastical Court who excommunicates a party for refusing to obey an order which the Court has not authority to make, or where the party has not been previously served with a citation or monition, nor had due notice of the order. The practice of the Ecclesiastical Court is matter of fact to be proved by evidence, and left to the jury.) [Considered, Wood v Wood, 1874, L R 9 Ex 190 ] This was an action 011 the case, for unlawfully excommunicating the plaintiff. The declaration stated that, at the time of committing the grievance complained of, the defendant was Vicar General and Official Principal of the Consistonal and Episcopal Court of Beilby. by divine permission then Lord Bishop of London , that the plaintiff was a person of good fame, and a practising attorney ; that a cause of separation from bed and board and mutual cohabitation was then depending in the said Court, in which a minor son of the plaintiff was cited to appear before the defendant, to answer Anne Beauram his lawful wife in the said cause, but to which the plaintiff was no party ; yet that the defendant required the plaintiff to take upon himself the burthen of guardian to his said infant son, and appear in such suit as guardian ad litem ; which burthen the plaintiff wholly refused to take upon himself, as he lawfully might; that the defendant afterwards signed with his name and published a...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
John O'Connor v George Alfred Isaacs and Others
... ... The next part of the section preserves a right of action for any act done under an Order made by a Justice in a matter in ... having said: "My Lords, it appears to me that the decision given in Scott v. Avery disposes of the present appeal. Under the statute of James, ... 48 The next case which was cited was Beaurain v. Scott , ( 3 Campbell's Nisi Prius Cases, page 387 ): "An action on ... ...
-
Ferguson v Kinnoull
...Drewe v. Coulton (id. 563 n.), where the same was laid down with respect to a returning officer of a Parliamentary borough. Beaurain v. Sir W. Scott (3 Camp. 388) will be cited on the other side. There it was held that an action on the case could be maintained against a Judge of the Ecclesi......
-
Dicas v Lord Brougham
...he admits the proceeding to be irregular. I trust that your Lordship will not stop the case. (a) Frietas v. Dos Santos, 1 Y. & J. 574. (b) 3 Camp. 388. (c) See below, p. 589n, and Ackerley v. Parkinson, M. & S. 411. 585] Dicas against Lord Brougham, 1833. [586 Kelly, on the same side : ......
-
Calder v Halket
...Sir William, Follett,(6 and Greenwood for the respondent. The action of trespass brought again the respondent by the appellant was no (a) 3 Camp. 388. (b) Reported in a note to the present case i 3 Moo. P.C.C. 36 ; 3 St. Tr. N.S. 1318. (c) 3 N. & M. 523. (d) Afterwards Attorney General.......