misreturn en · NOUN
Etymology
From mis- + return.
Meanings
-
The return of a process or other document that was done improperly.
The certiorari for bringing the trial into the superior court of criminal jurisprudence, it was contended had not been directed to the person who had the prisoner in custody – it was also argued, that there had been a misreturn, and a discontinuance of the prosecution, which rendered the procedure on it by the Judges illegal.
1788, Walker's Hibernian Magazine, page 109:We can not, therefore, avoid the conclusion that a return was made of the service of the writ, and from this it results that this was an insufficient or misreturn, which is amendable.
1881, The American Decisions, Containing All the Cases of General Value and Authority Decided in the Courts of the Several States:In Goodwin v. Montenaigh (1601), the Court held that where tales were awarded in a case to be tried per medietatem linguae, aliens and denizens should be returned and identified, to maintain the quality of the original panel. Since such identification had not occurred, the judgment was stayed at the defendant's request, and a misreturn declared. Upon presentation of an affidavit that six aliens and six denizens were sworn, however, the plaintiff had judgment without a new trial (for the Court had declared a misreturn and not an arrested judgment).
1994, Marianne Constable, The Law of the Other, page 139:If a venire is awarded to the coroners, and returned by two of them only, whereas at the time of the award and return thereof there were two more, this is only a misreturn, and aided.
1807, Matthew Bacon, Sir Henry Gwillim ·, New Abridgment of the Law - Volume 3, page 774:
Forms
| Spelling | Features | Labels | Source |
|---|---|---|---|
| misreturns | Number=Plur | lexicographic |