Aldridge v Duke
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 87 E.R. 70
IN THE COURT KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
[110] case 71. aldridge against duke. Trespass continued many years, and the Statute of Limitations pleaded, the jury gives damages only for the last six years.-S. C. 2 Show. 493. S. C. Comb. 26. 2 Boll. Abr. 549. 1 Sid. 253. 1 Vent. 104, 264. 2 Roll. Rep. 135. 2 Salk. 420. 8 Mod. 78, 171. 9 Mod. 32. 10 Mod. 38,104, 206, 273, 294, 313. 12 Mod. 127, 131, 563. 1 Vern. 73, 256, 456. 2 Vern. 235, 540, 695. Free. Ch. 518. Gilb. E. R. 41, 224. Fitzg. 81. 1 Ld. Ray. 383. 2 Ld. Ray. 1099. 1 Peer. Wms. 742. 2 Peer. Wms. 144, 373. 3 Peer. Wms. 143, 287, 309. 5 Com. Dig. "Pleader" (3 M. 10). Assault, battery, wounding, and imprisoning of him, from the tenth of August, 24 Car. 2, iisque exhibidonem bilke. The defendant pleaded not guilty, infra sex annos (a). The plaintiff replied, that the writ was sued out the second of October, 1 Jac. 2 ; and that the defendant was guilty within six ymrs next before the writ brought. Upon this issue was joined; and a verdict was given for the plaintiff; and entire damages given. Mr. Pollexfen moved two exceptions in arrest of judgment. First, that a verdict cannot help what appears to be otherwise upon the face of the record. [Ill] Now here the plaintiff declares, that he was imprisoned the tenth of August, 24 Car. 2, which is thirteen years since; and being one entire trespass, the issue is found as laid in the declaration ; which cannot be for so many years between the cause of action and bringing of the writ; for if a trespass be continued several yeara, the plaintiff must sue only for the last six years, for which he hath a complete cause of action ; but when those are expired, he is barred by the statute. Secondly, when the plaintiff has any cause of action, then the Statute of Limitations begins; as in an action on the case for words, if they be actionable in themselves without alledging special damages, the plaintiff will recover damages from the time of the speaking, and not according to what loss may follow (a). So in trover and conversion, when there is a cause of action vested, and the goods continue in the same possession for seven years afterwards; in such case it is the first conversion which entitles the plaintiff to an action. So in the case at Bar, though this be a continued imprisonment, yet so much as was before the writ brought is barred by the statute. (c) But see 1 Mod. 102. (d)...
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Aldridge v Drake
...that a writ was sued out on such a day, and that it waa within six years from that time, and a general verdict thereon, are good.- S. C. 3 Mod. 110. S. C. Comb. 26. Trespass for an assault and battery, and false imprisonment for thirteen years; the defendant pleaded the Statute of Limitatio......