Fabrigas v Mostyn

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

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......
  • Goodyer St. John, Esq. v John Lord Bishop of Winchester, and Robert Hill, Clerk
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1779
    ...chapel. Therefore judgment was given here for the defendant. But on a writ of error in the King's Bench, that Court (o), in Trin. 14 Geo. 396 E.R. 549 COURTS OF WESTMINSTER-HALL Goodyer St. John Esq. and John Lord Bishop of Winchester, and Robert Hill Clerk. [930] goodybr st. john, esq. v. ......