Potter v Brown

JurisdictionEngland & Wales
Judgment Date01 January 1682
Date01 January 1682
CourtCourt of Common Pleas

English Reports Citation: 123 E.R. 1109

THE COMMON PLEAS

Potter
and
Brown

potter versus brown. Case. Words. Nicholas Potter brought an action upon the case against Brown for these words spoken of the plaintiff, He is as arrant a thief as any is in England, and he broke up the plummers cheat with other mans tools which stood in my Lord of Sutt'olks bouse, and took money out of it. The defendant pleaded not guilty, and verdict for the plaintiff: and upon the motion of Handen to arrest, and Richardson to h ive judgment;' the Court resolved, that the plaintiff should not Lave juJgment. The first reason ia, 1110 METHELL V. PECK BUTTON, 73. because that there ia not any affirmative directly, that he is a thief; but as arrant a thief as any ia in England, and avers not, that there ia any thief in England : and the law will not presume any thing that is evil, iniquum in lege non presumitur. And as Lacies cose was, He is as great a thief as any is in...

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2 cases
  • Standford against Cooper
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1792
    ...2674. The essoign day is, in law, the first day of the term ; and all legal acts shall relate to that day, and not the quarto die post. Hutton, 72. Yelv. 35. 1 Bulst. 32. Jeiik. 250. Hetley, 95. 1 Bl. Rep. 227. 496. Cruise on Fines, 54. Gilb. Uses, 79. 2 Term Rep. 16. 3 Term Rep. 185. Scire......
  • Giles Bray against Sir Paul Tracy
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1791
    ...against browning. In Common Pleas. If slanderous words have relation to another fact, there must be an averment of that fact. Yelv. 90. Hutt. 72. Cro. Eliz. 214. 308. 342. 2 Wils. 300. 4 Bac. Abr. 501. 514, 515. Action for these words : " Thou art as arrant a thief as any is in England ; fo......

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