The case of Mrs. Mary Stout, widow.

Date:
[1700?]
Catalogue details

Licence: Public Domain Mark

Credit: The case of Mrs. Mary Stout, widow. Source: Wellcome Collection.

    2/4
    Mr -roller adrift the Appellees: Ana upon iotn ougguuuu, ^ H?Motion, and was forced the next day to get an Affidavit of r ^livefu of the Writ, which ffie accordingly did ; and thereupon ffie moving p.a;n for a peremptory Retnfn, then the Under-Sheriff’s Receipt of the Writ of * p- again p * P fv>ereuDon a Rule of Court obtained to compel him to appear, Rule was ferved, and thereupon Mr. Toller foon after attended, and by Affidavit informed the Court, That upon the .dth day of the fame Month of April, (which was a day after the Return of the Writ, and three days after Mrs. Mary Stout was admitted Guardian to the Appellant) he de i- ^Uoon which ^cCoun/given byToilet, the Court of King’s Bench order’d him to b<f Examined upon Interrogatories, touching the delivery of the Writ; and ac- cordindv MrsTsi the Guardian prepared the fame, but could not without con- ftderabfe Difficulty get him Examined, (being forced to be at the Charge of two or iideraDie uitncu y g purpofe, before he came.) At laft his Examination wSufcn in afnd by which heownLhe Receipt of the Writ of Appeal; And that hp2 was informed That Mrs. Mary Stout, the Mother of the deceafed profecuted the falJwrh that ffie fent the fame to him; and that the Infant, the Appellant, was a SrfoaSran^er to him, when he delivered it into his hands: Burthen, to extenuate fhe matter on his own behalf, the Reafons he alledges in his Examination for fuch his ? “ Thar the Appellant came with the Mother, Uncle, Aunt, and one of hi, for the Writ j and AMtomiMm- Mr. tvoajora, an u h Appellant, and his Relations; and delivered him Efq; purporting (he fame. That .be In- fant was the Plaintiff in the Appeal; thatoneof the Women was his Mother, and fha foe other Man and Woman his Uncle and Aunt; which together with the ready Anfwers they gave to fuch Queftions as MuToller asked them, induced him to believe them to be the real Parties; as in his Examination he fets forth. ,he“SM«feS“d Aunt, to deliver him back the Writ, but the, dEll“ r’;/Th’nhl Examination^gfres this account! Tha't fome Ihorc time before his Mr. Toller, ita his E:x -cCeived \ Letter from Mr. William Cowfer, to know whe- WA “as co^ 'o his hands, again# Mr,Sp-^t To • lu Irrr was none: That fome ffiort time after fuch Writ was come J i t received another Letter from Mr. William Copper, to the fame effed of foe former: To which Mr. Toller anfwered, Therewas; and fent him the Con- - °* h r Writ That after fuch Writ Came to his hands, Mr. Spencer Copper ^Hf^m^Letter to knowwhether he had received any Writ againft him: To * hSdkr informed him, He had. So that by Mr. Tollers own Examination t&ggSZ*™*-. “d “ ““s'”'from ,ime 10 ,ime'and fThM“l£“!hOa«”df/of“h?6me Term, Mr.TOtr’s Examination was Reported urS nf Kina’s Bench t who, upon the hearing the fame, were of opinion, Star h? was guilty of an high Mifdemeanour, and was in Contempt of that Court; t hereupon was committed to the Marfhalfi* and fined ioo Marks S-ufm« w havina received no fatisfadtion for the Blood of her Daughter, by ,h!und“3&HgfXd, did petition the now Lord Keeper for a New Writ - the time being elapfed foenfor the Suing out of another of Courfe, at which fone alfo there was a croYs Petition preferr’d in the Infant’s Name, praying That «^new Writ of Appeal ffiould be Sued out in his Name. And the Subjeft Mat.er c i petitions being debated before the now Lord Keeper, the Matter of foe Rofo She late Lord Chief Juftice Treby, the Lord Chief Baron Ward, and Mr. Jufcce JJL/t upon fuch Debate, it not then appearing by any politive fooof, that th^Ap- 11 * • vih «Ar am; nf rhurru were Drivy to the Deiirucuon o* luc writ* ft£ was therefore thought hardiy Reafonable, that a New. Writ ffiould be granted; whTch was a great Caufe of Mrs. Stout’s Petition being rejected. Mn stout’s Petition was grounded purely upon another bottom, (ffie not imSningfoa^fuchan Objediion would have been ftarted.) For ffie was advifed,that iTjuftice had been obftruaed. whether it had been by accident, or defign, ineuber j