Field v Mitchell
| Jurisdiction | England & Wales |
| Court | High Court |
| Judgment Date | 01 January 1806 |
| Date | 01 January 1806 |
English Reports Citation: 170 E.R. 833
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
Field
and
Mitchell
field v. mitchell. (Case will not lie for taking an excessive distress, where one thing only could be taken, though greatly exceeding in value the amount of the distress. Express malice not necessary to be proved to support the defendant The broker who made the distress is not an admissible witness for the defendant unless released ) This was an action on the case for taking an excessive distress. The case in evidence on the part of the plaintiff was, That he was tenant to the defendant of certain premises , that seven guineas only being in arrear, the distress waa made by direction of the defendant, and goods taken, which were valued by the plaintiff's witness at £30, but which in fact sold for £10 only. These facts being proved, Sir V. Gibbs, for the defendant, contended...
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5 cases
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South East Enterprises (Singapore) Pte Ltd v Hean Nerng Holdings Pte Ltd
...Curtis v Metro-Goldwyn-Meyer (Oriental) Inc [1931] SSLR 42 (folld) Debtor (No 2 of 1977) , Re A [1979] 1 WLR 956 (refd) Field v Mitchell (1806) 6 Esp 71; 170 ER 833 (folld) Gawler v Chaplin (1848) 2 Exch 503; 154 ER 590 (folld) Ginsin Holdings Pte Ltd v Tan Mui Khoon [1996] 3 SLR (R) 500; [......
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American Stores Ltd v Hoesin-singh et Al
... ... disproportionate to the rents owed taking into consideration the conditions in which a forced sale of the effects would have to take place: Field v. Mitchell (1806) 6 ESP 71) Halsburys ed. Vol 62 paragraph 408 ... 127 I have found that the rent in arrears at the ... ...
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Sturch against Clarke and Two Others
...Harper v. Carr, 1 T. E. 270. 4 B, & AD. 116. WEIGHT, V. BRUISTBR 399 decides this, and it is apparent from the terms of the ActField v. Mitchell, 6 Esp. 71. (5) Overseers distraining for poor's rate are within the statute, Harper v. Carr, 1 T. E. 270. 4 B, & AD. 116. WEIGHT, V. BRUI......
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Doe v Spiller
...the defendant. English Reports Citation: 170 E.R. 833 IN THE COURTS OF KING'S BENCH AND COMMON PLEAS. Doe and Spiller END OF TRINITY TERM170 E.R. 833 IN THE COURTS OF KING'S BENCH AND COMMON END OF TRINITY TERM. i -/ A H f3 - [70] in michaelmas term, 47 geo. HI. [1806]. Second Sitting-day i......
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