Hensworth against Fowkes
| Jurisdiction | England & Wales |
| Judgment Date | 22 January 1833 |
| Date | 22 January 1833 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 524
IN THE COURT OF KING'S BENCH
[449] hensworth against fowkes. Tuesday, January 22d, 1833. Declaration (" in a plea of trespass on the case,") stated that the defendant, intending to-injure the plaintiff in his good name, and to cause his dwelling-bouse to be searched for stolen goods, and to procure him to be imprisoned, went before a justice, and' falsely, maliciously, and without probable cause, charged that certain specified goods of defendant had been feloniously stolen, and that he suspected that the said goods were concealed in the plaintiff's dwelling-house; and upon such charge the defendant procured the justice to grant a warrant, authorizing a constable,, with necessary assistance, to enter the plaintiff's house to search for the said goods ; and the defendant, with other persons, caused and procured the dwelling-house of the plaintiff to be searched and rummaged for the said goods by such persons, and the door of such house and a pantry there to be broken to pieces, and the plaintiff and his family to be disturbed in possession, and his goods to. be carried away. The general conclusion was, that by means of the premises, the plaintiff was injured in his good name and trade, put to expence, and hindered in his business. A count in trover was added : Held, on general demurrer, by Taunton and Patteson, Js., Littledale J. dissentiente, that the acts of violence alleged to have been committed in the house, appeared sufficiently by the declaration to have been acts done in pursuance of the warrant, and in consequence of the charge made by the defendant, and that they were stated as mere matter of aggravation; and consequently that the whole count containing this statement was in case. Declaration stated that the plaintiff complained of the defendant being in the custody, &c. of a plea of trespass on the case; it then alleged that the plaintiff bad= 4B.&AD.450. HENS WORTH V. FOWKES 525 not ever been guilty, or until, &c. been suspected, of felony, or of having stolen goods concealed upon his premises, by means whereof he had deservedly obtained the good opinion, &c. and was acquiring great profits in his trade of a butcher, yet the defendant contriving and maliciously intending to injure the plaintiff in his good name, &c. and to cause his dwelling-house to be searched for stolen goods, and also to cause him to be imprisoned and detained in prison for a long time, and to oppress and ruin him in his business and otherwise, theretofore, to wit on the 3d of May 1832, at, &c. went and appeared before one C. G. M., a justice of peace for the county of Leicester, and falsely and maliciously, and without any reasonable or probable cause whatsoever, charged and alleged that certain cart-wheels, the property of the defendant, had by some person or persons unknown been feloniously stolen, and that he, the [450] defendant, had probable cause to suspect, and did suspect, that the said goods were concealed in the dwelling-house of the plaintiff, and upon such charge the defendant then and there falsely and maliciously, and without any reasonable or probable cause whatsoever, caused and procured the said justice to make and grant his warrant under his hand and seal, thereby authorizing and requiring a certain constable, to whom the warrant was directed, with necessary assistance, to enter in the day time into the said dwelling-house of the plaintiff, there to search for the said goods, and if the same should be found on such search, to bring them, and also the body of the plaintiff, before the said C. G. M., &c.; and the said defendant, with other persons, then and there falsely and maliciously, and without any reasonable or probable cause whatsoever, caused and procured the dwelling-house of the plaintiff to be searched and rummaged for the said goods by the said defendant (a) and the said other persons, and the door of the said dwelling-house, of great value, to wit, &e. to be with force and arms, &c. broken to pieces, damaged, and spoiled, and also a certain pantry of and belonging to the said dwelling-house, of great value, to wit, &c. to be demolished and broken ; and also then and there caused and procured the plaintiff and his family to be greatly disturbed and disquieted in the possession of his said dwelling-house, and divers goods and chattels, to wit, certain cart wheels, of the plaintiff, of the value, &c., to be taken and carried away therefrom; and the said defendant further contriving, &c., on the 5th of May 1832, falsely and maliciously, and without any reasonable or probable cause, procured the said warrant to be [451] indorsed by G. B. H., a justice of the borough of Leicester, and thereby caused and procured the said G. B. H. to authorize the execution of the warrant in the said borough, and falsely and maliciously, and without any reasonable or probable cause whatsoever, caused and procured the plaintiff to be arrested and kept in custody, and to be...
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...remedy. It is not true that trespass may always be waived and the action framed in casa Littledale J. said, in Hensworth v. Fowkes (4 B. & Ad. 449, 458), "I do not accede to the general position, that whenever there is a trespass, and also a consequential damage, the plaintiff [128] may, at......
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...ejectment, the lessor of the in. &V.BS. BRADBURY V. EMANS 251 plaintiff may bring trespass for the mesne profits. In Hensworth v. Fowkes (4 B. & Ad. 449; 1 Ker.'& Man. 321), Littledale, J., says, "I do not accede to the general position, that whenever there is a trespass, and also a consequ......