Goddard against Gilbert
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1657 |
| Date | 01 January 1657 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 3
COURT OF COMMON PLEAS
goddard against gilbert. Goddard brought an action upon the case against Gilbert for these words, Thou art a thiefe, and hast stolen 20 loads of my furzes, and upon not guilty pleaded it was found for the plintiff, and it was moved in arrest of judgement by Hitcham, that these words are not actionable, for though the first words of themselves had [4] been actionable, yet when those words are coupled with other words which do extenuate them, it is then otherwayes, for if a man say Thou art a thiefe and hast stollen my apples or my wood, it shall be intended that the apples and the wood were growing, and ha said there is no difference to say in this case You are a thiefe and have stollen 20 loads of my furzes, but it was said by lustice Warberton, that the furzes shall be intended to be cut, for that is the most natural and proper signification of the words; and Hobert Chiefe lustice said, that it is true that it is the most proper signification of the words, but yet they are furzes when they are growing as well as when they are cut down : and Hobert Chief lustice said, if a man say of another, Thou art a thief, and hast stollen my corn ; in this case the words shall be taken in the batter sence, and judgement in the principal case ought to be arrested, and it was the opinion of him and of Wiucb, that there is no difference where a man said Thou art a thief and hast &c. and Thou art a thief, for &e., ut supra ; but it was adjourned. Winch lustice said, I was of counsel in the Kings Bench in a case where a man had a window in the backside of his house, and another man erected a wall within a 4 EASTER TERM, 19 JAC. WIKCH.B. yard and half of that in his own ground, and adjudged in an action upon the case that the wall shall be broken down; Warberton, Certainly this was an antient house, but Winch said that made no difference. It waa ruled, that after imparlance in debt, upon an obligation the defendant shall be received to plead that he was alwayes ready to pay, notwithstanding it waa strongly urged 13 Eliz. Dyer, 300, is to the contrary.
English Reports Citation: 124 E.R. 8
COURT OF COMMON PLEAS
[10] goddard against gilbert. Goddard brought an action upon the case, against Gilbert Thou art a thief, and hast stolen 20 load of my furzes, and upon non culpabilis pleaded, it was found for the plaintiff; and now it was moved in arrest...
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