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Jacklin v Fytche and Another

Nominate Series English Reports Cited authorities 4 Cited in 4 Precedent Map Related
JurisdictionEngland & Wales
Judgment Date19 June 1845
Date19 June 1845
CourtExchequer

English Reports Citation: 153 E.R. 523

IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER

Jacklin
and
Fytche and Another

S. C. 15 L. J. Ex. 102. Referred to, Madden v. Kensington Vestry, [1892] 1 Q. B. 614.

jagklin v. fytghe and another. June 19, 1845.-A notice of action to justices, under the 24 Geo. 2, c. 44, stated the cause of action thus :-" For that you, on the 10th day of May, 1844, with force and arms, caused an assault to be made upon me, and then caused me to be beaten, &c., and to be forced and compelled to go along divers public streets and roads, &c., to a certain prison, to wit, at Louth, in &c., and to be unlawfully imprisoned and kept in prison there, for forty days then next following." &c. At the trial, the proof was confined to the imprisonment in the gaol at Louth, under an invalid warrant of the defendants : -Held, that the notice sufficiently stated the place of the injury, so as to enable the plaintiff to recover in respect of such imprisonment. [S. C. 15 L. J. Ex. 102. Referred to, Madden v. Kensington Vestry, [1892] 1 Q. B. 614.] Trespass against the defendants, two justices of the peace acting for the parts of Lindsey, in the county of Lincoln, for assault and false imprisonment. Plea, not guilty, by statute. At the trial, before Tindal, C. J., at the last Lincoln Assizes, the plaintiff proved a notice of action to the defendants in the following terms :- "To John Fytche, Esquire, and William Teale Weltitt, Esquire, two of her Majesty's justices of the peace in and for the parts of Liridsey, in the county of Lincoln, and to each of jjou. "I, \yiUium Jacklin, of Claythorpe, in the county of Lincoln, labourer, do hereby, according to the form of the statute in such case made and provided, give you and each of [382] you notice, that I shall, by my attorney, Mr. Christopher Ingoldby the younger, of Louth, in the said county of Lincoln, gentleman, at or soon after the expiration of one calendar month from your being served with this notice, cause a writ of summons to be sued out of her Majesty's Court of Exchequer of Pleas, at Westminster, against you at my suit, and proceed thereupon according to law; for that you, on the tenth day of May, in the year of our Lord 1844, with force and arms, caused an assault to be made upon me, and then caused me to be beaten, seized, and laid hold of, and to be forced and compelled to go into, along, and through divers public streets and roads, to a certain prison, to wit, at Louth, in the said parts, and to be unlawfully imprisoned and kept and detained in prison there, in a dark and...

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3 cases
  • Forbes v Lloyd
    • Ireland
    • Court of Exchequer Chamber (Ireland)
    • 22 November 1876
    ...1 Str. 18. Jones v. Nicholas 13 . W. 361. Breese v. Jerdeen 4 Q. B. 585. Kane v. Lloyd 1 Ir. Jur. (O.S.) 208. Jacklen v. FutcheENR 14 M. & W. 381. Collins v. HungerfordUNK 7 Ir. C. L. R. 581. Wright v. HortonENR 1 Holt, 458. Jones v. Simpson 1 Cr. & Jer. 74. Harding v. PollockENR 6 Bing. 25......
  • Ellen Pilkington v Riley and Others
    • United Kingdom
    • Exchequer
    • 23 April 1849
    ..." Sahn v De Burgh (2 Camp 196), Pndett v Gratrex (8 Q B 1020) [Paike, B, referred to Maitins v Uji^hfi (A Q B 662) and Jarkhn v Fytehe (14 M & W 381) ] The notice conveys an intimation of the whole cause of action It is further objected, that the notice was given on behalf of Abiaham Pilkin......
  • Prickett against Gratrex
    • United Kingdom
    • Court of the Queen's Bench
    • 9 May 1846
    ...in the borough of Monmouth." This is insufficient; Martins v. Upcher (3 Q. B. 662), Breeze v. Jerdein (4 Q. B. 585), Jacklin v. Fytche (14 M. & W. 381), will be cited on the other side. But the first mentioned case contains the more correct view of the effect of stat. 24 G. 2, c. 44, s. 1. ......

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