Morgan against Hughes
| Jurisdiction | England & Wales |
| Judgment Date | 29 January 1788 |
| Date | 29 January 1788 |
| Court | Court of the King's Bench |
English Reports Citation: 100 E.R. 123
IN THE COURT OF KING'S BENCH
6 T. R. 447. Willes's R. 520.
Referred to, R. v. Hughes, 1879, 4 Q. B. D. 622.
morgan against hughes. Tuesday, Jan. 29th, 1788. Where a justice of the peace maliciously grants a warrant against another, without any information, upon a supposed charge of felony, the remedy against the justice is trespass, and not case. A declaration in an action for a malicious prosecution for felony, must state that the prosecution is at an end : and alleging " that the plaintiff was discharged from his imprisonment," is not sufficient. [6 T. R. 447. Willes's E. 520.] [Referred to, E. v. Hughes, 1879, 4 Q. B. D. 622.] This was a special action on the case. The declaration, after stating that a dispute had arisen between the plaintiff and one Thomas Davies, concerning the property of an ewe and a lamb, stated, that Davies, in order that the property might be ascertained in an expeditious manner, and to avoid the delay and expense of a law-suit concerning the same, applied to the defendant, who was a justice of the peace, for that purpose, and having related all the circumstances which occasioned the dispute, requested him to examine witnesses, and to determine the dispute; yet the defendant, being such justice, &c. well knowing all and singular the premises, but contriving and maliciously intending to hurt, injure, and prejudice the plaintiff in his character, &c. and to cause him to be esteemed and reputed [226] amongst his neighbours and others guilty of theft, robbery, and felony, and to cause him to undergo the pains and penalties by the laws of this realm made and provided against robbers and felons, and to put him to great charge, &c. on the 14th of July 1786, at, &c. falsely, unlawfully, wilfully, wrongfully, injuriously, maliciously, and without any charge or accusation having been made to him the said defendant, so being then and there such justice of the peace as aforesaid, either by the said Davies or any other person or persons whomsoever against him the said plaintiff, of having feloniously stolen, taken away, detained, and kept, a sheep and a lamb the property of the said Davies, and of shearing the same in order that they should not be known, and without any other charge or accusation whatsoever having been made to him the said defendant, as such justice of the peace as aforesaid, against him the said plaintiff, and without summoning him the said plaintiff to appear before him the said defendant, or hearing him the said plaintiff in his defence, and without any reasonable or probable cause whatsoever, and against the duty of him the said defendant as such justice of the peace as aforesaid, made his certain warrant in writing under his hand and seal, bearing date the same day and year last aforesaid, directed to the high and petty constables of the said county of Cardigan, and to each and every of them, and to the keeper of the common gaol of the said county, and thereby commanded them the said constables, in His Majesty's name, forthwith to convey and deliver into custody of the keeper the body of the said plaintiff, charged by several substantial witnesses, upon oath before him, of feloniously taking, detaining, and keeping, a sheep and lamb, the property of Thomas Davies, and also shearing the same in order that they should not be known; and he the said keeper was thereby required to receive the said plaintiff into his custody in the said gaol, and him safely keep until he should be delivered by due course of law ; and he the said defendant, as such justice of the peace as aforesaid, afterwards, to wit, on, &c. at, &c. of his further malice against...
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