Journeys account
JOURNEYS ACCOUNT, Eng. practice. When a writ abated without any fault of the
plaintiff, he was permitted to sue out a new writ, within as little time as
he possibly could after abatement of the first writ, which was quasi a
continuance of the first writ, and placed him in a situation in which he
would have been, supposing he had still, proceeded on that writ. This was
called journeys account.
2. This mode of proceeding has fallen into disuse, the practice now
being to permit that writ to be quashed, and torque out another. Vide Termes
de la Ley, h.t.; Bac. Ab. Abatement, Q; 14 Vin. Ab. 558; 4 Com. Dig. 714; 7
Mann. & Gr. 762.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.