King v. Justices of Somersetshire
Court for the Trial of Impeachments and Correction of Errors
“ Pursuant to a peremptory mandamus from this court, the justices at the Somersetshire Epiphany Sessions, heard the appeal of James Tucker, against the decision of the Special Petty Sessions for the hundred of Winterstoke, in the county of Somerset, dismissing his application for relief under the 3 Geo.
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“ Pursuant to a peremptory mandamus from this court, the justices at the Somersetshire Epiphany Sessions, heard the appeal of James Tucker, against the decision of the Special Petty Sessions for the hundred of Winterstoke, in the county of Somerset, dismissing his application for relief under the 3 Geo. IV. c. 33, § 2; and found that Mr. T. had sustained damage to the amount of £30, &c., by having ricks of corn wilfully consumed by fire, &c., which they (the justices) adjudge to him to be paid by the hundred, &c.
1Opinion of the Court
Now, on referring to the application for the mandamus in the case of Mr. Tucker, 5 Dowl. &. Ryl. 434, we find that the Court of King’s Bench held, that an appeal lay from the Special Petty Sessions to the Quarter Sessions, in that case; and that they granted a writ of mandamus to the justices of the county of Somerset, “ commanding them to hear the appeal.” It appeared that when the appeal was presented for hearing at the Sessions, “ they refused, to entertain it, on the ground that nothing had been done by the Petty Sessions, in pursuance of the act, against which an appeal would lie, so as…
2Cases cited7 opinions
- Warner & Ray v. BeersCourt for the Trial of Impeachments and Correction of Errors · 1840
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- Ex parte KoonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ex parte OstranderCourt for the Trial of Impeachments and Correction of Errors · 1845
- Elkins v. AthearnNew York Supreme Court · 1846
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