Lear against Caldecott
| Jurisdiction | England & Wales |
| Judgment Date | 24 January 1843 |
| Date | 24 January 1843 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 844
IN THE QUEEN'S BENCH
S. C. 3 G. & D. 491; 12 L. J. Q. B. 169; 7 Jur. 277.
lear against caldecott, Tuesday, January 24th, 1843. Declaration stated that defendant took and distrained the growing crops, goods and chattels of plaintiff, under colour and as and in the name of a distress for rent, which crops, goods and chattels were sufficient to have satisfied the arrears of rent and costs; and that, although defendant might, under the said distress, have satisfied the said arrears, &c., yet he wrongfully and vexatiously made a second distress on the said growing crops, goods and chattels, and upon other growing crops, goods and chattels of plaintiff, for the same arrears, and wrongfully and injuriously kept and withheld the said several growing crops, goods and chattels from plaintiff under the said second distress for a long time, &c. There were other counts, in case. Held that, although trespass might have lain for the injury alleged, the plaintiff was at liberty to sue for it in case. And that the above count was substantially in case, and therefore not misjoined. [S. C. 3 G. & D. 491; 12 L. J. Q. B. 169; 7 Jur. 277.] The declaration in this cause stated that the defendant was summoned to answer the plaintiff " iu an action on the case." The first count was in case, for an excessive distress. The following counts, down to the seventh, were also in case. The eighth count was as follows. "And also for that, whereas, before the committing of the grievances hereinafter next mentioned, to wit on," &c., " the defendant took and distrained the growing crops, goods and chattels of the plaintiff in the first count of this declaration mentioned, under colour and as and for and in the name of a distress for certain rent then alleged to be due and payable to the defendant for and in respect of certain premises in the possession of the plaintiff, and which said growing crops, goods and chattels then and afterwards were of more than sufficient value to have satisfied the said alleged arrears of rent, and the costs, expences and charges of and attending such distress and the sale of the said growing crops, goods and chattels under such distress and incidental thereto; and the defendant, having so taken and dis-[124]-trained the said growing crops, goods and chattels of the plaintiff as aforesaid, then had and retained possession of the tame under such distress for a long space of time, to wit from the day and year last aforesaid until and upon a certain other day, to wit the llth day of September A.I). 1841; and although the defendant, under the said distress and by virtue thereof, would and might have satisfied the said arrears of rent and all reasonable and lawful charges in that behalf: yet the defendant, well knowing the premises, but contriving and wrongfully intending to injure the plaintiff, afterwards, to wit on the said llth day," &c., " wrongfully, injuriously and vexatiously made a second and another distress upon the said growing crops, goods and chattels, and upon other (a) Before Lord Deuman C.J., Patteson, Coleridge, and Wightman Js. 4 ft B. 115. LEAR V. CALDECOTT 845 growing crops, goods and chattels of the plaintiff, for the same identical alleged arrears of rent for and in respect whereof the said...
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