Naylor against Sharply, and other Coroners of the County-Palatine of Lancaster
| Jurisdiction | England & Wales |
| Judgment Date | 21 April 1675 |
| Date | 21 April 1675 |
| Court | Court of Common Pleas |
English Reports Citation: 86 E.R. 826
IN THE COMMON PLEAS.
826 EASTEE TERM, 27 CAR. 2. IN C. B. 1 MOD. 198. easter term. The Twenty-Seventh of Charles the Second. In the Common Pleas. Wednesday, April 21, 1675. Sir Francis North, Knt., Chief Justice. Sir Kobert Atkins, Knt., Sir Hugh Wyndhatn, Knt., Sir William Ellis, Kut., Justices. Sir William Jones, Knt., Attorney General. Sir Francis Winnington, Knt., Solicitor General. [198J case 30. naylor against sharply, and other coroners of the county-palatine of lancaster. If, on a capias to the County Palatine of Lancaster, the chancellor direct his precept to the six coroners of the county, an action on a false return of non est inventus will lie against the six jointly, although only one of them omitted to make the arrest.- Seil qitcere, in what county it must be brought.-S. C. Freero. 191. S. C. 2 Mod. 23. Ante, 37. Hob. 209. Cro. Jac. 533. 8 Mod. 226, 239, 380. 10 Mod. 54, 69, 300. 12 Mod. 71, 322, 349, 371, 408, 494. Comyns, 555. 1 Ld. Ray. 172, 258. 1 Stra. 313. 2 Stra. 1011. 2 Term Rep. 238. A man brings an action of debt against B. Sheriff of the County-Palatine of Lancaster, and sues him to an outlawry upon mesne process, and has a capias directed to "the Chancellor of the County-Palatine," who makes a precept to the coroners of the county, being six in all, to take his body, and have him before the King's Justices of the Court of Common Pleas, at Westminster, such a day. One of the coroners being in sight of the defendant, and having a fair opportunity to arrest him, doth it not: but they all return non est inventus, though he were easy to be found, and might have been taken every day. Hereupon the plaintiff' brings an action on the case against the coroners, and lays his action in Middlesex; and has a verdict of one hundred pounds. Baldwin, Serjeant, moved in arrest of judgment, that the action ought to have been brought in Lancaster. He agreed to the cases put in Bulwer's case (a), where the cause of action arises equally in two counties; but here all that the coroners do, subsists and determines in the County-Palatine of Lancaster; for they make a return to the Chancery of the County-Palatine only, and it is he that makes the return to the Court. He insisted upon the case of Nusse v. Giblis(b). Secondly, he said this action is grounded upon two wrongs ; one, the not arresting him when he was in sight; the other, for...
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