The Rioters' Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1687 |
| Date | 01 January 1687 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 396
IN COURT, LORD KEEPER.
START - Case 168.-The rioters' Case. : I- Eodem die. In Court, Lord Keeper. [IJEq. Ca. Ab. 414, pi. 2, S, C. A motion for a mandatory writ to the Chief Justice of the King's Bench to sign a bill of exceptions, denied, though such writ has issued out of Chancery to a judge of an inferior court. This day a motion was made, that the Lord Keeper would grant a mandatory writ to the Chief Justice of the King'slBench to command him to sign a bill of exceptions in the case of the Lord Gray & AV. who were convicted for a riot in London ; and they 1VERN. 176. BARBONE V. BRENT 397 produced a precedent, where in a like case such a writ had issued out of Chancery to the Judge of the Sheriff's Court in London. But the Lord Keeper denied the motion : (1) for that the precedent they produced was to an inferior court, and he would not presume, but the Chief Justice of England would do what should be just in the case ; for possibly you may tender a bill of exceptions that has false allegations in it, and the like ; and then he is not bound to sign it; for that might be to draw him into a snare ; and said, if they had wrong done them, they might, right themselves by an action on the case : and if this court had a power to grant such a writ, the same...
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Henry Edmund Taaffe, Esq., v The Right Hon. William Downes, Lord Chief Justice of the Court of King's Bench in Ireland
...Bushell's case, 1 Mod. 119 ; 4 Inst.. 73 ; Rex v. White, Burdett v. Abbott, 14 East, 1; Rex v. Almon, Wilmot, 243, 254; The Rioters' Case, 1 Vern. 175, 1 E. Ca. Abr. 441; Bridgman v. Holt, Show. Pa. Ca. 111. Mr. Justice Mayne (January 30).-----In this case, however sorry I am to differ from......
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R v John Wilkes, Esq
...an error in fact, viz. " that the place of his grandfather's residence was in the county of Northampton; whereas he had been out- t1 Vid. 1 Vern. 175, in The Rioters case. [Qu. also et vide Salk. 504.] * V. The Ailsbury case, [Salk. 2641 t2 9 Geo. 1, vid. ante, p. 2530. [Fortes. 38, 39.] BU......
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R v Wilkes
...an error in fact, viz. " that the place of his grandfather's residence was in the county of Northampton; whereas he had been out- t1 Vid. 1 Vern. 175, in The Rioters case. [Qu. also et vide Salk. 504.] * V. The Ailsbury case, [Salk. 2641 t2 9 Geo. 1, vid. ante, p. 2530. [Fortes. 38, 39.] BU......
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R v Wilkes
...there was probable error, it ought not to be denied. It cannot issue now, without a fiat from the 1 Vernon 170. Crawle v. Crawle. t Vid. 1 Vern. 175, in the Rioters case, Burrow. Qu. also, and vide Salk. 504. t V. the Ailsbury Case, vol. 14, p. 861. Salk. 264. Case of John Wilkes, esq. [110......