Brooks v Hodgkinson and Butt
| Jurisdiction | England & Wales |
| Judgment Date | 08 June 1859 |
| Date | 08 June 1859 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 1021
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 29 L. J. Ex. 93; 7 W. R. 735. Referred to, Clisold v. Cratchley, [1910] 2 K. B 247.
[712] brooks v. hodgkenson and butt. June 8, 1859.-A defendant who is taken in execution under a writ of ca. sa. issued on a judgment for less than 201, without the order of the Judge who tiied the cause, may maintain an action of trespass against the plaintiff and his attorney, although the writ has not been set aside. [S. C. 29 L. J. Ex. 93; 7 W. R. 735. Referred to, Chssold v. Gratchley, [1910] 2 K. B 247.1 Trespass for assaulting and imprisoning the plaintiff. Plea. That before the committing of the trespasses the defendant, W. Hodgkinson, by the judgment of the Court of Queen's Bench, recoreied against the now plaintiff 131. 2s., vrhereof the now plaintiff was convicted, &c , and thereupon, the said judgment being in full force, and the said amount being justly due and remaining unpaid, 1022 BROOKS V. HODGKTNSON 4 H. & N. 713. afterwards and before the said time when, &c., the said W. Hodgldnson, for having satisfaction of the said judgment, by the defendant R. Butt, as his attorney, caused to be issued out of the Court of Queen's Bench a writ of capias ad satisfaciendum, diiected to the sheriff of Hertfordshire, &c The pLea set out the writ, which commanded the sheriff to take the plaintiff to satisfy the sum of 131 2s. and interest, &c, and justified the imprisonment of the plaintiff under the writ. Replication, That the judgment was for a sum less than 201, exclusive of costs, and was recovered after the passing of an act of parliament passed, &c. (7 & 8 Viet c. 96), in an action brought by the defendant, Hodgkinson, for the recovery of a debt due to him from the now plaintiff. That the judgment so recovered was, duly and in accordance with the rules and practice of the Court of Queen's Bench, for want of an appearance in the said action by the now plaintiff; and no order to take or detain the now plaintiff in execution upon the said judgment was ever at any time made under or in pursuance of the proviso in that behalf contained in the said statute Rejoinder. That the said writ of ca sa. at the said time [713] when &c , was in full force and was not then or at any other time reversed, annulled, or set aside. Demurrer and joinder therein. Montague Smith, in support of the demurrer. The rejoinder is bad The defendants, having caused the...
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