Writ of False Judgment –

Writ of False Judgment:

(16c) Hist. A writ filed to obtain review of a judgment of a court not of record. – Also termed false judgment.” [1]

     Excerpt from William Blackstone’s Commentaries on the Laws of England:     

     “After judgment given, a writ also of false judgment lies
to the courts at Westminster to rehear & review the cause, & not a writ of error; for this is not a court of record…” [2]

 Excerpt from Roscoe Pound’s Appellate Procedure in Civil Cases:

     “In order to correct errors in a court not of record, the
proper remedy was a writ of false judgment. It was an original writ issuing out of Chancery & law where an erroneous judgment was claimed to have been rendered in a court not of record in which the suitors, i.e. persons bound to attend the court, were judges, such as a county court, a hundred court, or the court of a lord. Any one who had sustained damage by the judgment could bring the writ. It was not necessary for all the parties against whom the judgment was rendered to join as in a writ of error. The writ was made out by the cursitor & was to be served in court. If the lord refused to hold his court, there was a writ of distringas to compel him. The writ operated as a supersedas from the time of a service. After the Revolution there were statutes requiring a recognizance with two sureties in certain cases, but there was no such requirement tilt the last decade of the eighteenth century. [3]

References:

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: 3 William Blackstone, Commentaries on the Laws of England
34 (1768)

[3]: Roscoe Pound, Appellate Procedure in Civil Cases 60
(1941)

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