Blatch v Archer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1774 |
| Date | 01 January 1774 |
| Court | High Court |
English Reports Citation: 98 E.R. 969
IN THE COURT OF KING'S BENCH, CHANCERY AND COMMON PLEAS
1 COWP. M. BLATCH V. AKCHER 969 blatch versus archer. Same day, 1774. In debt for an escape against the sheriff, the indorsement of non eat inventus upon the ca. sa. is sufficient evidence of its being delivered to the sheriff. Upon shewing cause, why a new trial should not be granted, in this case, Mr. Justice Willes read his report as follows:-"This was an action of debt against the Sheriff of Essex, for an escape of one Moody, The declaration stated a judgment of this Court in debt, an arrest, and a subsequent escape. At the trial, a question arose, whether the arrest waa legal1? It was objected, first, that there was no proof of a ca. sa. being delivered to the sheriff. But I held, the return of non est inventus indorsed upon the writ sufficient in this action. Secondly, that the arrest, if any, was by the son of the bailiff, and riot by the bailiff himself, who was at the distance of thirty rods, and not in sight, therefore no legal arrest. But I left it to the jury to say, whether old Fenton, the officer, was not quodam modo present at the time of the arrest; the juty found that he was, and gave a verdict for the plaintiff."-Upon the motion and now, a third ground of objection was made, namely, that no warrant was produced : [64] but Mr. Justice Willes said, he did not recollect that objection being mentioned at the trial. Serjeant Kempe and Mr. Lucas shewed cause. First, the question, whether old Fenton the officer was or was not present at the time of the arrest, was a fact proper to be left to the jury. For it is nowhere laid down that the actual taking must he by the bailiff himself; it is sufficient if it...
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Swain v Waverley Municipal Council
...be weighed according to the power of the party to produce it, in accordance with the often repeated observation of Lord Mansfield inBlatch v Archer‘33 is not relevant in determining whether, as a matter of law, there is evidence of negligence. It applies only where, although the evidence is......
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Strong v Woolworths Ltd
...according to the power of the party to produce it’. The third was the case from which the concluding words of Dixon CJ were taken: Blatch v Archer60. Lord Mansfield CJ said: ‘[A]ll evidence is to be weighed according to the proof which it was in the power of one side to have produced, and t......
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