Potter against Brown
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1657 |
| Date | 01 January 1657 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 75
COURT OF COMMON PLEAS
potter agaimt bhown. Now the case of Potter and Brown was moved again, and Hencion took two exceptions as before, first for default of averment; and secondly, the words are not actionable, for it was adjudged iu Lanes case, if ono say of another that he is as arraut a thief as any i in the.goal of Warwick, this is not good without averment, that there are thieves in Warwick goal, and here it shall be so, for the law doth not suppose, that there are thieves iu England, and besides here in this case the subsequent words do qualifie the other, for the words under the (for) ought to be of such a thing as is theft, and that is not so in our caae: Serjeant Richardson to the contrary : the last words do not qualifie but rather aggravate them, for he gives a reason of his speach, and this taking is to be understood with a fellonious intent, for the first words do charge him to be a thief, and therefore the last words shall be intended, that he took them with a fellonious intent, for he did not only charge him in the general but in particular; but the Court &c...
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