James Hitchins, Appellant, Thomas Brown, Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 20 November 1845 |
| Date | 20 November 1845 |
| Court | Court of Common Pleas |
English Reports Citation: 135 E.R. 849
IN THE COURT OF COMMON PLEAS.
S. C. 15 L. J. C. P. 38; 9 Jur. 1058. Followed, Ford v. Boon, 1871, L. R. 7 C. P. 155. Discussed, Bendle v. Watson, 1871, L. R. 7 C. P. 168; Soutter v. Roderick, [1896] 1 Q. B. 94.
C. B. 25. HITCHINS V. BROWN 849 [25] city of lincoln. james hitchins, Appellant, thomas brown, Respondent. Nov. 20,1845. [S. C. 15 L. J. C. P. 38; 9 Jur. 1058. Followed, Ford v. Bom, 1871, L. R. 7 C. P. 155. Discussed, Bendle v. IFatson, 1871, L. R. 7 C. P. 168; Sautter v. Roderick, [1896] 1 Q. B. 94.] In a notice of claim to be inserted in a list of voters for a city or borough, pursuant to the 6 & 7 Viet. c. 18, s. 15, sched. (B) No. 6, it is enough to describe the nature of the qualification in the third column of the form'as "house," notwithstanding the qualification in reality consists in the occupation of two houses in immediate succession, provided the whole qualification is accurately described in the fourth column.-And semble, that, at all events, the misdescription, if any, is amendable under s. 40. William Upton appeared to have given due notice of his claim to have his name inserted in the list of persons entitled to vote in respect of property occupied within the parish of St. Peter-at-Arches. The notice of his claim was as follows :- " Notice of claim. " To the overseers of the parish of St. Peter-at-Arches, in the city of Lincoln. " I hereby give you notice that I claim to have my name inserted in the list made by you of persons entitled to vote in the election of members for the city of Lincoln; and that the particulars of my qualification and place of abode are stated in the columns below. Dated the 23rd day of August, 1845 :- Christian Xame and Surname of the claimant, at full length. Place of Abode. Nature of Qualification. Street, Lane, &c., where the Property is situate, &;., wherelthe Right depends on Property. William Upton. Muck Lane, House. No. 5|, Muck Lane, Saint Peter- Saint Peter - at - at - Arches, Arches, Lincoln ; Lincoln. and previously in the occupation of a house No. 21, Saint Mary Street, in the parish of Saint Mary le Wigford, Lincoln. William Upton." He proved that he had occupied the two houses described in the fourth column of his claim, in immediate succession, and had done all the things required by law to entitle him to have his name inserted. The insertion of his name was duly objected to by James Hitchins, a...
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