Dominus R v Poole
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1766 |
| Date | 01 January 1766 |
| Court | Court of the King's Bench |
English Reports Citation: 94 E.R. 1030
IN THE COURT OF KING'S BENCH
dominus rex versus poole. New trial. The Court was moved for a new trial on an information in the nature of a quo warranto against the defendant, to shew cause by what authority he acted as Mayor of Liverpool; for that the verdict was found on the matter of law against the direction of the Judge. Adjourned. Afterward in Easter term this cause came on again, and the Judge who tried it, certified that the verdict was found against his direction, and that he was dissatisfied with it. There were four issues; the three first were preparatory to the last, and were excuses for the last mayor's adjournment of the Court to a day after the day appointed by the charter. And the jury found that there was no necessity for such adjournment, with which verdict the Judge reported himself satisfied. The last issue was whether or not the defendant was duly elected mayor, and the jury found him not duly elected; and this was the verdict with which the Judge was dissatisfied. The point of law was, whether the late mayor had a power to adjourn the election of a new mayor to a day beyond the charter day. [12] The counsel for the prosecutor argued, that though it is the general rule to grant a new trial on a jury's finding the matter of law against the direction of the Judge ; yet if it should appear to the Court above that the Judge had mistaken the law in his direction, and that therefore the jury had found right, the Court would not grant a new trial, since the jury could at length find no otherwise, and it would put the parties to the expence of a new trial to no purpose; for should they again be directed in the same manner as before, and find accordingly, the Court would grant a new trial for the misdirection of the Judge. And it appears in this case, by the record before the Court, that the Judge had mistaken the law; and though his report is conclusive as to matter of fact, the Court having no other means to be satisfied of it; yet it is not so as to the matter of law, as that may be collected in many cases from the record. This may be compared to the case of an immaterial verdict for the defendant, wherein, if it appears that he has made out no title by his plea, or confessed the action, judgment will be given for the plaintiff; as in case where on an information in the nature of a quo warranto, there is a verdict for the defendant, and yet judgment is given for the prosecutor, because the plea had not traversed the usurpation. In 9 H. 6, 37, pi. 12, it is stated, that if in debt the defendant pleads such matters as shew that in point of law he owes the debt, and yet concludes that he owes nothing, the plaintiff may nevertheless claim judgment upon the confession, and that though there should be a verdict for the defendant, yet judgment will be given for the plaintiff. 2 liol. Abr. 99. In action upon the case for slanderous words, there is a plea in bar, and a replication, and issue joined, and a verdict for (a) By stat. 4 Ann. c. 16, sect. 2, "All the Statutes of Jeofails shall be extended to judgments which shall at any time afterwards be entered upon confession, nihil dicit, or non sum informatus, in any Court of Record; and no such judgment shall be...
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