Dewell against Sanders
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 418
IN THE EXCHEQUER-CHAMBER.
case 10. payne against porter. In the Exchequer Chamber. An action will lie for maliciously prosecuting a man for felony, although the grand jury throw out the bill. Ante, 8. 19 L. 1 Roll. Ab. 114. Yelv. 46. Latch. 79. Hob. 267. 1 Salk. 14. 21. 1 Mod. 261. Stra. 691. 977. Onslow's N. P. 12. 1 Hawk. P.C. 347. Dougl. 215. 2 Ter. Rep. 232. Error of a judgment in an action upon the case, for that the plaintiff falsely and maliciously imposed upon him crimen felanice, supposing that he had robbed him; and falsely and maliciously exhibited against him a bill of indictment, supposing that such a day and year he robbed him ; and exhibited it to the grand jury in tha county of Nottingham, and affirmed the matter in the bill to be true, ubi reve.ru it was false ; and that the jury found an ignoramus thereupon, whereby he was inforced to great costs and charges for the defence of his good name ami fame. The defendant justifies ; and it was found against him, and judgment given for the plaintiff in the King's Bench without exception. The defendant brought a writ of error; and assigned for error, that this exhibiting a bill of indictment is no cause of action. But all the Justices of the Common Pleas and Barons of the Exchequer agreed, that the action lies : for although the exhibiting of a bill upon true and just presumptions CBO. JAC, 491. TRINITY TERM, 16 JAC. 1. IN B. E. 419 be excusable, and no action lies, yet when it ia alledged that he falsely and maliciously, without any such cause, had accused him of felony, and exhibited this bill falsely and maliciously, that is a great cause of slander and grievance, and just ground of action far the plaintiff; and the defendant having made his justification, and all his causes of justification found to be false, it is good reason that the action should lie. Wherefore the judgment was affirmed.
English Reports Citation: 79 E.R. 419
IN THE KING'S BENCH.
:Wbhu*. H"* ^fi case 11. dewell against sanders. The erecting of a new pigeon-house by the freeholder of a manor, is not a common nuisance inquirable at the leet; but if the pigeons fly abroad to the damage of the King's subjects, the Judges of Assize may take cognizance of it. Ante, 382. 446. 1 Boll. Ab. 8& 2 Roll. Ab. 4. 138. 265. 5 Co. 72. 100. 104. Moor, 238. 421. F. N. B. 176. 1 Hawk. P. C. 362. A man may kill pigeons coming on his own land, and the owner...
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Brady v Warren
... ... any damage done by them to the plaintiff; and also upon the grounds that the findings were against the weight of evidence, and that the damages were excessive. Conner, Q.C. (with him ... The resolution in Boulston's Case ( 1 ) as to dove cotes is dissented from in Dewell v. Sanders ( 2 ), where it was held that although the erection of a dove cote is not a common ... ...