Fabrigas v Mostyn
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1779 |
| Date | 01 January 1779 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 549
COURTS OF WESTMINSTER-HALL
[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 well lay; upon which a bill of exceptions was tendered and sealed (to). The jury, on full proof of the facts, gave a verdict for the plaintiff, with 30001. damages. And now Davy and Burlaud moved for a new trial, 1. On the point of law contained in the bill of exceptions; and they cited 2 Lev. 236, where, after a bill of exceptions at a trial at Bar in the King's Bench, a motion was made in arrest of judgment; and the Judges inclined that there should be a new trial, but the cause was afterwards agreed : 2. For excessive damages. But by De Grey, C.J., and tot. Cur.-The bill of exceptions is ordained by the Legislature to be in nature of a writ of error. And it would be highly unbecoming in us to stop it in transitu, unless you will waive the bill of exceptions : which the defendant deoliuing to do, the Court refused to hear his counsel on the point of law. And as to the excess of damages, the Court were all of opinion, that it was very...
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R (Bancoult) v Foreign Secretary (No 2)
...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......
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