Grinnell v Wells
| Jurisdiction | England & Wales |
| Judgment Date | 25 November 1844 |
| Date | 25 November 1844 |
| Court | Court of Common Pleas |
English Reports Citation: 135 E.R. 419
IN THE COURT OF COMMON PLEAS.
S. C. 8 Scott, N. R. 741; 2 D. & L. 610; 14 L. J. C. P. 19; 8 Jur. 1101. See Whitbourne v. Williams, [1901] 2 K. B. 724.
[1033] gkinnell v. wells. Nov. 25, 1844. [S. C. 8 Scott, N. E. 741; 2 D. & L. 610; 14 L. J. C. P. 19; 8 Jur. 1101. See WWbwurne v. Williams, [1901] 2 K. B. 724.] An action for seduction cannot be maintained without loss of service. Case, for the seduction of the plaintiff's daughter. The declaration stated that before and at the time of committing the grievances, the case, brought or to be brought in any of Her Majesty's courts at Westminster, &c., shall recover by the verdict of a jury less damages than 40s., such plaintiff shall not be entitled to recover or obtain from the defendant, in respect of such verdict, any costs whatever, whether it shall be given upon any issue or issues tried, or judgment shall have passed by default, unless the judge or presiding officer before whom such verdict shall be obtained, shall, immediately afterwards, certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance for which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought, was wilful and malicious." (a) Section 4 enacts, that " it shall and may be lawful for any defendant or tenant in any action or suit, or for any plaintiff in replevin, in any court of record, with the leave of the same court, to plead as many several matters thereto as he shall think necessary for his defence." And by sect. 5, " if any such matter shall, upon a demurrer joined, be judged insufficient, costs shall be given, at the discretion of the court." (b) Which enacts, that, " where judgment shall be given either for or against a plaintiff, or for or against a defendant, upon any demurrer joined in any action what ever, the party in whose favour such judgment shall be given shall also have judgment to recover his costs." 420 GRINNELL V, WELLS 7 MAN. &G. 1034. and from thence until the time of the pregnancy and sickness and of the plaintiff's expending the moneys and incurring the debts, thereinafter mentioned, Alice Grinnell, the daughter of the plaintiff, was a poor person who maintained herself by her labour and personal services, and, except by her labour and personal services, was not of sufficient ability to maintain herself, and was, during all that time, unmarried, and an infant under the age of twenty-one years, to wit, of the age of fourteen years, and at and during and after the time of her pregnancy and sickness, as thereinafter mentioned, and of the plaintiff's expending the moneys, and incurring the debts, thereinafter mentioned, the said Alice was such poor person, infant, and unmarried, and was not of sufficient ability to maintain herself : yet the defendant, well knowing the premises, but contriving to injure the plaintiff, and to compel him to maintain the said Alice, on the 27th of May 1841, and on divers other days, &c., debauched and carnally knew the said Alice, whereby she became pregnant and sick with child, and so continued for a long time, to wit, for the space of nine months then next following, at the expiration whereof, to wit, &c. the said Alice was delivered of the child with which she was so pregnant as aforesaid; by means of which premises the said Alice, for a long time, to wit, &c. became and was unable to work or to maintain, herself, which she might, and otherwise would, have done; and the plaintiff, so being her father, and being of sufficient ability to main-[1034]-tain the said Alice, was, by means of the premises, during all that time, forced and obliged to, and necessarily did, maintain the said Alice at his own charges; and also by means of the premises, the plaintiff was obliged to, and did necessarily, pay, lay out, and expend divers moneys, and incur divers debts, in the whole amounting to 501., in and about maintaining, nursing, taking care of, and curing the said Alice, and in and about her delivery, during the time she was so unable to maintain herself as aforesaid. Wherefore the plaintiff saith that he is injured and hath damage to the value of 5001., &c. Plea not guilty; whereupon issue was joined. The cause was first tried before Erskine J., at the spring assizes at Gloucester in 1843, when a verdict was found for the plaintiff, damages 3001. In the following term a rule nisi was obtained for a new trial on the ground of excessive damages, the declaration only pointing to expenses actually incurred by the plaintiff in his daughter's maintenance and cure, and upon affidavits impugning the character of the principal witness; and also to arrest the judgment. In...
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