Fabrigas v Mostyn

JurisdictionEngland & Wales
Judgment Date01 January 1779
Date01 January 1779
CourtCourt of the King's Bench

English Reports Citation: 96 E.R. 549

COURTS OF WESTMINSTER-HALL

Fabrigas
and
Mostyn

[929] fabrigas v. mostyn. When there is a bill of exceptions, a new trial shall not be moved for on the point of law contained therein. In personal torta the Court will very rarely grant a new trial for excessive damages. Action of trespass and false imprisonment by the plaintiff, a native Minorquin, against the defendant, who was Governor of Minorca. On the trial a question was moved, whether the action lay in England for such an injury committed against a mere native of the island, and Gould, J., before whom it was tried, ruled that it...

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2 cases
  • R (Bancoult) v Foreign Secretary (No 2)
    • United Kingdom
    • House of Lords
    • 22 October 2008
    ...ipso facto abrogated." Among the authorities cited in support of that proposition is a passage from the judgment of Lord de Grey CJ in Fabrigas v Mostyn (1773) 20 St Tr 82. In 1771 Minorca was a ceded colony of the British Crown. The Governor, General Mostyn, apparently fearing that Fabriga......
  • Nominal Defendant v Hook
    • Australia
    • High Court
    • Invalid date

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