Legal Definitions - journeys accounts

Journeys accounts was a historical legal principle that allowed a plaintiff (the person bringing a lawsuit) a specific grace period, typically 15 days, to refile a new legal action after their initial legal document (known as a "writ") was dismissed or "abated." This period was granted without the plaintiff incurring penalties for the delay, such as missing a deadline imposed by a statute of limitations.

The term "journeys accounts" originated from the historical understanding that it took a certain number of days for a plaintiff to travel (or "journey") to the court to obtain a new writ after an initial one failed. This concept ensured that a plaintiff was not unfairly penalized for procedural issues or unforeseen circumstances that caused their original legal action to be set aside.

Here are some examples illustrating how journeys accounts would have applied:

• Example 1: Procedural Error in Filing

  Imagine a merchant, Mr. Henderson, in 17th-century England, who filed a writ against a debtor for unpaid goods. Due to a minor technicality, such as filing the writ in the incorrect local court jurisdiction or a formatting error on the document, the court declared his initial writ "abated" (invalid). Under the principle of journeys accounts, Mr. Henderson would have been granted a specific number of days (historically around 15) to travel to the correct court or rectify the error and file a new, identical writ. This allowed him to pursue his claim without losing his legal standing or facing the expiration of the time limit to sue, effectively preserving his original legal action despite the initial procedural misstep.

• Example 2: Death of a Party

  Consider a situation where a landowner, Lady Eleanor, initiated a lawsuit against a neighboring lord over a boundary dispute. Shortly after her initial writ was issued, the defendant lord unexpectedly passed away. In such a case, the original writ would typically be "abated" because the named defendant no longer existed. Journeys accounts would have provided Lady Eleanor with a grace period to issue a new writ, naming the deceased lord's heir or estate as the new defendant. This ensured that her legal claim was not extinguished simply because of an unforeseen event like the defendant's death, allowing her to continue the dispute against the appropriate party within the allotted time.

• Example 3: Technical Defect in the Writ Itself

  Suppose a farmer, Mr. Davies, filed a writ to reclaim property he believed was wrongfully taken. During the initial review, it was discovered that the writ contained a critical technical defect, such as a missing official seal or an incorrect legal phrase required for its validity, leading to its abatement. Journeys accounts would have provided Mr. Davies with a window of time to obtain a corrected, new writ. This historical rule prevented a plaintiff from being permanently barred from pursuing a just claim due to a minor, correctable error in the initial paperwork, recognizing the practical difficulties and time involved in preparing and submitting legal documents in that era.