775
The Common Room / Re: death duty registers - affairs in chancery
« on: Sunday 07 March 10 22:40 GMT (UK) »
Hi Netti,
It was not at all uncommon for Chancery cases to drag on for years, largely because of the way that Chancery operates. In most cases the parties involved are not required to attend the court in person. The complainant(s) make written complaints to the court, which the defendant(s) is/are then required to answer in writing. If witness testimony was involved a commissioner (usually a local solicitor) would be appointed. He would be given a written list of Interrogatories (questions) and would then summon witnesses to apppear at his offices, where their verbal answers were dictated to a clerk. The whole set of documents would then go to an engrossing clerk, whose job was to create the official recod to be sent to Chancery.
As you can imagine, all of this could take quite a while. I am currently working on the details of a case in which the official complaint was mad to the court in June 1845 but the defendant wasn't asked to reply until December 1847. The whole thing was only about the sale value of a coaching inn but dragged on until at leat 1854. Maybe Dickens knew more than he was letting on whem he wrote about Jarndice v. Jarndice
This link may help you in searching for Chancery judgments.
http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=165
Good luck
Keith
It was not at all uncommon for Chancery cases to drag on for years, largely because of the way that Chancery operates. In most cases the parties involved are not required to attend the court in person. The complainant(s) make written complaints to the court, which the defendant(s) is/are then required to answer in writing. If witness testimony was involved a commissioner (usually a local solicitor) would be appointed. He would be given a written list of Interrogatories (questions) and would then summon witnesses to apppear at his offices, where their verbal answers were dictated to a clerk. The whole set of documents would then go to an engrossing clerk, whose job was to create the official recod to be sent to Chancery.
As you can imagine, all of this could take quite a while. I am currently working on the details of a case in which the official complaint was mad to the court in June 1845 but the defendant wasn't asked to reply until December 1847. The whole thing was only about the sale value of a coaching inn but dragged on until at leat 1854. Maybe Dickens knew more than he was letting on whem he wrote about Jarndice v. Jarndice
This link may help you in searching for Chancery judgments.
http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=165
Good luck
Keith