Doctor Sybthorp's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 962
King's Bench Division
[417] case 4. downs against hathwait. A variance between a bond and the declaration of " quinginta " instead of "quinquaginta" is immaterial. 10 Co. 133. 2 Eoll. Ab. 146. Cro. Jac. 147. 208. 261. 290. 338. 607. Lut. 422. Hob. 20. 119. Cro. Eliz. 896. Yelv. 193. 225. Skin. 310. Salk. 462. 2 Vent. 106. 2 Mod. 342. Cowp. 178. 1 Term Rep. 240. A variance of Joaes instead of John is immaterial. Cro. Jac. 203. Cowp. 229. Debt upon a bond de qitinquaginta dual/us libris. The defendant pleads "non cst factum." The jury find the bond to he quinginta duabus libris, with a condition to pay twenty-six pounds, arid that the defendant delivered that as his deed to the plaintiff': and if that be the deed of the defendant, as is mentioned in the declaration, they pray the discretion, &c.-And, upon motion, the Court held it to be found for the plaintiff; for "quinginta" is all one with "quinquaginta," as "wiginta" pro "viginta." Whereupon rule was given, that judgment should be entered for the plaintiff, unless, &c. Afterward, being moved again, another exception taken, that the bond and the declaration were John Hathwait, and the roll is Joaes.-Sed non allocatur; but adjudged for the plaintiff (a).
English Reports Citation: 79 E.R. 963
King's Bench Division
ORO.CAB.418. MICHAELMAS TERM, 11 CAR. 1. IN B. B. 963 case 6. doctoe sybthorp's case. Maliciously to say that another " is doing " such a thing, which if done would be felony, is actionable; for it shall be intended in the worst sense. S. C. Jones, 366. 1 Eoll. Ab. 76. Action for words. For that the defendant, afc Burton-Lazers church, spake these words: "See, Doctor Sybthorp is robbing the church :" and afterwards, at another day, spake of the plaintiff, " Doctor Sybthorp hath robbed the church " (innuendo the church of Burton-Lazers). [418] After verdict for the plaintiff, Bagshaw moved in arrest of judgment, that for the first words an action lies not, because he doth not charge him with an act done, but in attempting to do an act: and for the last words, that it lies not, because it doth not mention what church, nor of what thing ; and it may be in taking away the lead, or such things, which are not felony (a), or, as the common speech is, for not paying his tithes. Sed non allocatur: for all the Court held, that for both speeches an action lies ; for it is to be intended in the worser part, being...
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