Levi v Milne
| Jurisdiction | England & Wales |
| Judgment Date | 21 May 1827 |
| Date | 21 May 1827 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 743
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 12 Moore, 418; 5 L. J. C. P. (O. S.) 153. Referred to, M'Inerney v. Clareman Printing and Publishing Company, [1903] 2 Ir. R. 370.
levi v. milne. May 21, 1827. [S. C. 12 Moore, 418 ; 5 L. J. C. P. (O. S.) 153. Referred to, M'lnerney v. Chreman Printing and Publishing Company, [1903] 2 Ir. E. 370.] The Defendant published some doggerel lines describing the failure of the Plaintiff, Levi, a bound bailiff, to arrest a party of whom he was in search : the lines were headed by :a wood cut, and the Plaintiff was styled " Levy the Bum." - The Plaintiff brought his action : the jury before whom the cause was tried, enquired whether a shilling would carry coats, and, being answered in the affirmative, found a verdict for the Defendant. - The Court granted a new trial. The Plaintiff, a bound bailiff, or sheriffs officer, having, in the exercise of the functions of his office, received a warrant to execute a writ of capias upon a party who had often eluded his pursuit, knocked at the party's door, and gained admittance. Not respecting the assertion of the servant that no such person as the party named in the capias lived there, the Plaintiff proceeded up stairs to search the bed-room, and observing something [196] concealed under the bed-clothes, turned them up, expecting to find the object of hia search ; but finding a female instead, he ran off. An action was brought against him for the trespass, in which he paid 1001. damages. This circumstance the Defendant, the proprietor of a periodical work, thought fit to represent in the following doggerel, aided by a wood-cut descriptive of the scene : i "L - Y the bum. " ' Come, follower, come,' Says L y the bum; ' We've rather a shy bird to nab to-day.' So their shandrydan Mounted master and man, And o'er Oxford-street stones they rattled away. 744 LEVI V.MILNE 4 BINO. 197 '"Is the master at borne 1' Says L y the bum. ' No Maater lives here-mine's the house you see.1 'Nay, Ma'am, that's a hum,' Says L y the bum ; So up stairs he marched right merrily. " The chamber-door Was lock'd-but no more Cared L y the bum for lock or key, Than wine-bibbers for the cork They can draw with a fork, So smash went the door, and in walked ho. " Then beneath the bed-clothes A head sunk and rose, And then came a squall and a pitiful squeak- Tee fo fum,' Says L y the bum, 11 smell the blood of the man I seek.' "Then off they pulled...
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M'Inerney v The "Clareman" Printing and Publishing Company
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