Oakes v Wood
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1837 |
| Date | 01 January 1837 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 1094
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. M. & H. 237.
[150] oakes v. wood. Exch. of Pleas. 1837.-Trespass for assaulting plaintiff, and striking him with a bludgeon, and with the said bludgeon striking and pushing him down to and upon the ground. Pleas, first, not guilty ; secondly, as to assaulting, beating, and ill-treating the plaintiff, that defendant was possessed oi a public-house, that plaintiff made a great noise and disturbance therein, and obstructed the business; whereupon defendant requested him to efease from making such Tioise and disturbance, and to leave the house, which he refused; whereupon defendant, in defence of his possession, uiolliter maims imposuit to remove plaintiff, and did remove him out of the house:-thirdly, as to assaulting, beating, and ill-treating the plaintiff', son assault demesne. .Replication to the two latter pleas, de injuria. At the trial, the Judge directed the jury, that, even though the plaintiff assaulted the defendant first, if the defendant struck the plaintiff with a bludgeon, he was not justified on these pleadings :-Held, that this was a misdirection.-Qu*re, whether the pleas were a. sufficient answer to the whole of the trespasses charged in the declaration ? [S. C. M. & H. 237.] Trespass for assault and battery. The first count charged that the defendant assaulted Elizabeth Oakes, the wife of the plaintiff, and with a bludgeon struck her manyjviolent blows, &c., and with the said bludgeon struck and pushed her down to add ujpon the ground, per quod, &c. Second count, for a similar assault and battery of the plaintiff. The defendant pleaded, first, Not guilty ; secondly, as to assaulting, 3M.&W.1S1. GARLAND V. CARLISLE 1095 beating, and ill-treating the said Elizabeth, as in the first count mentioned, a special plea in the same terms as that pleaded in the case of Oakcs and Wife. v. f^uod (2 M. & W. 791); thirdly, a similar plea, as to the assaulting, beating, and ill-treating the plaintiff', as in the second count mentioned; fourthly, as to assaulting, &c., the plaintiff son assault demesne. To each of the special pleas the plaintiff replied de injuria. This was an action arising out of the same transaction as that of Oaken and H'ife v. Wood. On the trial before Busanquet, J., at the Spring Assizes for Cheshire, the learned Judge, in the course of his summing up, told the jury, that, in his opinion, even if the plaintiff'struck the...
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...of the defendant's house, is bad on demurrer, unless it shew that the plaintiff made resistance and assaulted the defendant. [See further 3 M. & W. 150, Oakes v. Wood.} But where the defendant pleads that the plaintiff attempted forcibly to enter his, the defendant's, house, he may justify ......
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Bird v Jones
...his MS. by Coleridge J. 7 On the pleadings, the following authorities were referred to in the argument: Bull. N. P. 18; Oakes v. Wood, 3 M. & W. 150; Oakes v. Wood, 2 M. & W. 8 The Lord Chief Justice, on the trial, told the jury that an imprisonment had taken place before plaintiff assaulte......
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Bird v Jones
...to stay in any given (a)1 On the pleadings, the following authorities were referred to in the argument: Bull. N. P. 18; Oakes v. Wood, 3 M. & W. 150; Oakes v. Wood, 2 M. & W. 791. (a)2 The Lord Chief Justice, on the trial, told the jury that an imprisonment had taken place before plaintiff ......