Elizabeth Keene v Thomas Dilke, Esq
| Jurisdiction | England & Wales |
| Judgment Date | 25 June 1849 |
| Date | 25 June 1849 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 1263
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 18 L J Ex 440
elizabeth kmene v thomas i)u,ke, EhQ .Tune 25, 1844-If a sheriff wtotig-fully seizes goods which ate afterwards taken from him by another vviong-doer, the owner of the goods may, in an action against the sheiiH, recover as speoi il damage the amount necessai ily paid to the othei wrongdoer, in ordci to get hack the goods [S C 18 L .1 Kx 440 ] Trespass for seizing and taking the plaintiff's goods Pleas, not guilty, and not possessed At the trial, before Wilde, C ,1 , at the last Warwick Spring Assiyes, it appealed tjiat the defendant was sheriff of Warwickshire, and that, a writ of fieri farias having issued, directing him to levy an the goods of a person named Bowen, with whom the piaintift lived as his wife, though not man tod to him, the officer entered Bowcn's house and seized, and, for about a mouth, kept possession of the plaintiff's goods, supposing them to belong to Bowen The goods were never lemovod fiom the house Whilst the sheriff's ofhcei was in possession, a Gas Company and a Water Company, who had obtained wanants of distress against Bowen, seized some of the goods, and, Hi order to redeem them fiom thehe latter claims, the plaintiff was forced to pay the ^um of ."51 19& It was contended, on the part of the defendant, th.it he was not liable for dtimage lesulting from the wiongful act of a third part\, or, at all events, tjhe plaintiff could only recover nominal damages The learned Judge cliiected a ferdict for the plaintiff, with one farthing damages, reserving leave for her to mo\e ^o increase the dam iges to 'il 19s , if the Court should be of opinion, th.it, undei the queumstances, that amount was recoverable 1 $f manufacture be a woven fabric, for prrntmg at one end thereof, or if of an} other jcintl or such substance as aforesaid, at the end or edge theieof, or other convenient place thereon, the letters ' Eirt,' together with such number or letter, or uumbei and fetter, arid in biich form as shall correspond with the date of the registration of such design, accoiding to the registry of designs in that behalf, and such marks may he put on any such article of manufacture ot such substance, either by making the same in or on the material itself, of which such article or such substance shall consist, or bv ^.ttaching thereto a label containing such marks " 1J264 SAUNDERS V. TOPP 4 EX 389...
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