Jenkins v Phillips
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1841 |
| Date | 01 January 1841 |
| Court | High Court |
English Reports Citation: 173 E.R. 1045
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
Attornies-A Edwards and Baker.
[766] Monmouth Assizes (Civil Side), before Mr. Justice Coleridge. jenkins v phillips. (In an action for words the declaration stated, that the defendant said of the plaintiff, " He is a thief, a swindler, and a forger," &c. The defendant pleaded not guilty. The words were proved to have been spoken in the Welsh language, but were of the same meaning as the English words stated in the declaration. The Judge at the trial allowed the declaration to be amended under the stat. 3 & 4 Will. IV. c. 42, s. 23, by inserting the Welsh words, and directed the trial to be postponed till the next day, on the terms of the plaintiff paying the costs of the day, and making a deposit of £15 with the associate for those costs, subject to taxation; and his Lordship said, that if on the next day the defendant's counsel would give him reason to believe, that the defendant would justify the Welsh words, his Lordship would then put the plaintiff to withdraw the record. In such a case the amendment ought actually to be made by translating the English words in the declaration into Welsh words of the same meaning, and inserting those Welsh words in the declaration In cases of doubt the Judge at the trial will allow amendments under the stat. 3 & 4 Will IV. c. 42, s 23, because that section provides a remedy if the Judge allows an amendment which ought not to be made, but gives no remedy in any case in which the Judge has refused to allow an amendment.) Slander.-The declaration stated, that the plaintiff was a Baptist minister, and was retained and employed by the members of a Baptist congregation at Blaenafon, in the county of Monmouth, for great gain, profit, and reward, paid to the plaintiff in that behalf, to preach the Gospel, and that the defendant spoke the following words of the plaintiff:-" He is a thief, a swindler, and a forger, and I have letters in my pocket to prove it I have the letters at Bristol that he is a forger He stole wood, the property of Francis James " The declaration also stated, as special damage, that the plaintiff had been " dismissed by the said members from the situation and office of minister to the said Baptist chapel, and had lost all the profits and emoluments which would otherwise have arisen and accrued to him, the plaintiff, as such minister or preacher as aforesaid, by being...
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