Green v Bartram

JurisdictionEngland & Wales
Judgment Date11 May 1830
Date11 May 1830
CourtCourt of the King's Bench

English Reports Citation: 172 E.R. 717

COURT OF KING'S BENCH

Green
and
Bartram

[308] court of king's bench First Sitting at Westminster m Easter Term, 1830, before Lord Tenterdeu, C J. May llth, 1830 green v. bahtram. (A, went to the house of B. to demand a debt, which B. said he could not pay. Angry words passed, and B. told A. to leave his house, this A. refused to do unless he was paid Upon this B. sent for a police officer, and had A locked up in the wateh-house -Held, that if A. was making a disturbance, B. would have been justified in turning him out of his house, but that he was not justified m imprisoning him.) Action for false imprisonment, with a count for an assault Pleas-First, General issue. Second, That the defendant was possessed of a dwelling-house, and that the plaintiff was making a great noise and disturbance therein , and that, because he would not depart when requested so to do, the defendant sent for an officer to take him into custody, &e. Third (as to the assault and battery only), that the plaintiff was making a great noise and disturbance in the defendant's house, and that he gently turned him out. Replication, de mjuna. It appeared that the plaintiff, on the 27th of September 1828, went to the house of the defendant to demand a debt of £2, which the defendant said he could not pay ; and that upon this some angry words passed, and the defendant several times desired the plaintiff to leave the house ; this the plaintiff refused...

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3 cases
  • An application pursuant to s. 52 of the Courts (Supplemental Provisions) Act 1961. Paul Thorpe v DPP
    • Ireland
    • High Court
    • 17 February 2006
    ...& DISORDER ACT 1998 S6 (UK) PUBLIC ORDER ACT 1986 S5(1)(a) (UK) JORDAN v GIBBON 1863 8 LT 391 LOCKLEY 1864 4 F & F 155 GREEN v BARTRAM 4 CAR & P 308 REECE v TAYLOR 5 DE G & SM 480 CRIMINAL LAW: Offences; WORDS AND PHRASES: âÇÿBreach of the peace' Summary prosecution - Breach of peace - Whet......
  • Harvey v Mayne
    • Ireland
    • Common Pleas Division (Ireland)
    • 31 January 1872
    ...HARVEY and MAYNE. Gregory v. HillENR 8 T. R. 299. Grant v. Moser 2 M. & Gr. 123. Hudson v. SladeENR 3 F. & F. 390. Green v. BartramENR 4 C. & P. 308. Chambers v. Miller and othersENR 3 F. & F. 202. Bird v. Jones 7 Q. B. 742. Patrick v. ColerickENR 3 M. & W. 483. Blades v. HiggsENR 10 C. B. ......
  • Webster against Watts
    • United Kingdom
    • Court of the Queen's Bench
    • 7 December 1847
    ...such facts was held insufficient in Baynes v. Brewslcr (2 Q. B. 375). Among other authorities on the same point are Ch-een v. Jiartram (4 Car. & P. 308), Wheeler v. Whiting (9 Car. & P. 262), Grant v. Moser (5 Man. & G. 123), Timothy v. Simpson (1 Cro. M. & R. 757 : 5 Tyr. 244), in which la......

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