Blackmore and Wife v Higgs
| Jurisdiction | England & Wales |
| Judgment Date | 01 February 1864 |
| Date | 01 February 1864 |
| Court | Court of Common Pleas |
English Reports Citation: 143 E.R. 995
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 33 L. J. C. P. 157; 10 L. T. 33; 12 W. R. 476. Distinguished, Walsh v. Walsh, 1866, 17 Ir. C. L. R. 201. Discussed, Arkins v. Armstrong, 1869, I. r. 3 C. L. 373. See Meyers v. Phelan, 1890, 26 L. R. Ir. 218, 227.
[790] bla.ckmore and wcfb v. Huma. Feb. 1st, 18G4. [S. C. 33 L. J. C. P. 157; 10 L. T. 33; 12 VV. R. 476. Distinguished, Walsh v. Walsh, 1866, 17 Ir. C. L. R. 201 ; Discussed, Arldnsv. Armstrong, 1869, 1. R. 3 C. L. ' 373. Sete Meyers v. Phelan, 1890, 26 L. R. Ir. 218, 227.] To an action for breaking and entering the plaintiff's shop and dwelling-house, with a i count for assaulting the plaintiff's wife, the defendant pleaded riot guilty and several pleas of justification to each count, and the plaintiff, as to the assault upon his; wife, new^assigned excess. At the trial, the plaintiff obtained a verdict for 40s. for the excess in the assault. The judge made an order for costs under the 15 & 16 Viet. c. 54, s. 4, on the ground that the cause of action was one for which a plaint could not have been entered in the county-court, - the title to laud coming in question. The court set aside the order. This was an action for breaking and entering a shop and dwelling-house of the plaintiffj situate No. 12 River Terrace, York Road, King's Cross, and converting the plaintiff's goods, with a count for assaulting the plaintiff's wife. The defendant pleaded, - first, not guilty, - secondly, that the shop and dwelling-house were not the plaintiff's, as alleged, - thirdly, that the goods were not the plaintiffs, as alleged, - fourthly, leave and licence, - fifthly, that the defendant was lawfully possessed of a shop arid dwelling-house, and because the said goods were ; unlawfully therein doing damage to the defendant there, he necessarily did what was complained of in removing the same from the said shop and dwelling-house^ - sixthly, as to assaulting and beating the wife, that the defendant was lawfully possessed of a dwelling-house, and because the said Grace (the wife) was unlawfully therein, and refused to leave when requested by the defendant so to do, he gently laid his hands upon her in order to remove her therefrom, which were the supposed trespasses, &c., - seventhly, to the second count, that the said Grace first assaulted the defendant, and he thereupon necessarily committed the alleged assault in his own defence...
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