Green v Bartram
Jurisdiction | England & Wales |
Judgment Date | 11 May 1830 |
Date | 11 May 1830 |
Court | Court of the King's Bench |
English Reports Citation: 172 E.R. 717
COURT OF KING'S BENCH
[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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