Prickett v Gratrex, Esq
| Jurisdiction | England & Wales |
| Judgment Date | 31 March 1845 |
| Date | 31 March 1845 |
| Court | High Court |
English Reports Citation: 174 E.R. 976
IN THE COURTS OF KING'S BENCH, COMMON PLEAS, AND EXCHEQUER, AND ON THE NORTHERN AND WESTERN CIRCUITS.
Monmouth Assizes (Civil Side), before Baron Platt. March 31, 1845. prickett v. gratrex, esq (A notice of action to a magistrate tor having caused the plaintiff to be imprisoned, sufficiently states the place, if it states the place in which the plaintiff was imprisoned, although it does not state any place at which the magistrate signed any warrant or did any act which caused the plaintiff's imprisonment. Whether, in such a case, the notice must state the form of the intended action, qutere ?) False imprisonment -The declaration stated that the defendant assaulted the plaintiff, and caused him to be apprehended and unlawfully committed to a certain common gaol, or prison, in the borough of Monmouth, in the county of Monmouth, and to be there imprisoned for the space of four mouths. Plea, not guilty " by statute." It was opened, by Godson, for the plaintiff, that the defendant was one of the magistrates of the borough of Monmouth, and he hdd committed the plaintiff to prison for [652] refusing to find sureties to keep the peace, the warrant by which he was committed being (as he contended) wholly bad. It was proved, that, on the 5th of December, 1843, the defendant was served with a notice of action in the following form .- " To Thomas Gratrex, Esquire, one of her Majesty's justices of the peace in and for the borough of Monmouth. Sir,-You having, on or about the fourteenth day 1 CAR. & K. 663. PBICKETT V. GRATREX 977 of March last, as one of her Majesty's justices of the peace m and for the said burgh of Monmouth, caused me to be apprehended and unlawfully committed to a certain common gaol, or prison, m the borough of Monmouth aforesaid, and to be there imprisoned, and kept and detained in prison there, without any reasonable or probable cause whataoever, for a long space of time, to wit, from the said fourteenth day of March to the ninth day of August then next following, I do, therefore, according to the form of the statute in such case made and provided, hereby give you notice that I shall, at or soon after the expiration of one calendar month from the time of your being served with this notice, cause a writ of summons to be sued out of her Majesty's Court of Queen's Bench at Westminster against you, at my suit, for the said imprisonment, and shall proceed against you thereupon...
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...O'Callaghan [1966] I.R. 501; (1966) 102 I.L.T.R. 45. Prickett v. Gratrex (1846) 8 Q.B. 1020; 1 New Mag. Cas. 541; 2 New Sess. Cas. 429; 1 Car. & Kir. 651; 15 L.J.M.C. 145; 7 L.T.O.S. 139; 10 J.P. 646; 10 Jur. 566. The Queen v. Justices of Queen's Co. (1882) 10 L.R. Ir. 294. Reynolds v. Just......
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