Housin against Barrow
| Jurisdiction | England & Wales |
| Judgment Date | 27 November 1794 |
| Date | 27 November 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 469
IN THE COURT OF KING'S BENCH.
Post, 218. 2 Taunt. 166.
6T.B.K3, HOTJ8IN V. BARROW 469 housin against BARROW. Thursday, Nov. 27th, 1794. The sheriff having directed a warrant to A. and all his other officers to arrest B. A. afterwards inserted that of C.: held that the warrant was illegal, and the arrest by C. consequently void. [Post, 218. 2 Taunt. 166.] Shepherd obtained a rule on a former day calling on the plaintiff to shew cause why the defendant, who had been arrested at the suit of the plaintiff by one Cook, should not be discharged out of the custody of the Sheriff of Nottingham, and why the plaintiff should not pay the costs of this application, on an affidavit stating that Cook's name was not originally in the warrant, for that it was directed to Moore [123] and all the others of the sheriff's officers for the county of Nottingham, and that Cook's name was inserted after it was signed and sealed by the sheriff. Clarke, in shewing cause, now observed that the warrant was directed to all the officers of the Sheriff of Nottingham (of whom Cook was one) as well as to Moore; and that even if it were irregular, there was no pretence to call on the plaintiff, who was not charged with being privy to the alteration of the warrant, to pay the costs, but that the sheriff alone was answerable for it. Lord Kenyon Ch.J. This was clearly an illegal arrest; and it is proper that it should be made known in the most solemn manner. I remember a...
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