Stoughton v Reynolds
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1748 |
| Date | 01 January 1748 |
| Court | Court of the King's Bench |
English Reports Citation: 92 E.R. 804
IN THE KING'S BENCH.
S. C. 2 Str. 1045; Cas. t. Hard. K. B. 274. Discussed, Wilson v. M'Math, 1819, 3 Phill. 83; 3 B. & Ald. 244 n. (b). See R. v. D'Oyly, 1840, 12 A. & E. 160. Referred to, Bremner v. Hull. 1866, L. R. 1 C. P. 760; Edney v. Smallbones, 1869, 21 L. T. 507; R. v. Bishop of Salisbury [1901], 1 K. B. 578; 2 K. B. 225. See now Local Government Act, 1894, s. 31(1).
[168] de term. sanct. trin. 9 & 10 georgii II. in the king's bench. stoughton versus reynolds. [S. C. 2 Str. 1045; Cas. t. Hard. K. B. 274. Discussed, Wilsm v. M'Moth, 1819, 3 Phill. 83; 3 B. & Aid. 244 n. (b). See E. v. D'Oyly, 1840, 12 A. & E. 160. Referred to, Brcmner v. Hull, 1866, L. R. 1 C. P. 760; Edney v. Smallbones, 1869, 21 L. T. 507 ; B. v. Bishop of Salisbury [1901], 1 K. B. 578 ; 2 K. B. 225. See now Local Government Act, 1894, s. 31 (1).] Whether the parson, &c. can adjourn the vestry by his own authority. The declaration sets forth, that the plaintiff being an inhabitant of the parish of All Souk in Northampton, was chosen churchwarden and offered himself to Dr. Reynolds, chancellor of the diocese, to be admitted into that office; upon his being refused, he moved for a mandamus to the doctor, who returned that the plaintiff was not chosen churchwarden but another person was. This was an action for a false return, and a special verdict was found, viz. that in the parish of All Souls, the vicar has immemorially had the nomination of one of the churchwardens ; that the time appointed for chusing churchwardens, was on such a day in Easter week 1734, when the vicar nominated Mr. Lowlk, and the parishionera the plaintiff; and that in Easter FORTESCUB, 19. IN THE KING'S BENCH 805 week following in the year 1735, the vicar chose the same person ; and upon a dispute arising in the assembly, whether the parishioners could chuse the plaintiff Stoughton a second time, the vicar adjourned the assembly till next morning, but that part of the parish who were for the plaintiff, staying behind, elected him; and the other part assembling on the morrow, elected another person. [169] Abney : The question is, in whom the right of adjournment is? It is now held in many cases, and has beet) determined, that the eighth canon of 1603, is contrary to law, and has never been received as law. Cro. Jac. 532. Hard. 378. Carthew 118, as it is a custom against common right, so it is against common law ; and on that consideration ought...
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