Reynor v Hallet
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1281
King's Bench Division
poph1m, 187. reynor v. hallet 1281 [187] the same term in the same court. reynor versus hallet. Words. Reynor is a base gentleman, he hath four children by his servant Agnes, and he hath killed, or caused them to be killed. In an action upon the case for these words, viz. Reynor is a base gentleman, he hath four children by his servant Agnes, and he hath killed them all, or caused them, to be killed : and after a verdict for the plaintiff, it was moved in arrest of judgment by Jermy, that the words were not actionable : For, 1. As to the first words, base gentleman, they are but words of choler. 2. The next words, he hath four children by his servant Agnes, cannot be action able, for although she were once his servant, yet she might be afterwards his wife. 3. The plaintiff hath averred in his declaration, that he hath lived continently, and then he cannot have children by his servant Agnes, and then the words are not actionable. And 4. For saying he hath killed them is not actionable, and upon this he cited one Snag's case, Co. lib. 4. who brought an action for these words, Thou hast killed thy wife ; and it appeared by the declaration, that his wife was alive, and therefore it was resolved, that the words were not actionable. And as to the last exception, it was said by Ashley Serjeant on the other side, that albeit the plaintiff hath averred in his declaration, that he lived continently, and ao in a manner confessed that he had no children, this is but for the aggravation of the offence of the defendant: as when an action is brought for calling one thief, he avers that he lived honestly, and yet the action will lie. But I confess if the plaintiff had averred that he never had any child, then it would be like to Snag's case, Co. lib. 4. 16. a. and that the action would not lie. But in Anne Dam/es case, there she averred that she was a virgin of good fame, and free from ail suspition of iricontinency; and the defendant said that a grocer had got her with child : Owen Ward's case in Cook's Book of Entries hath the same declaration as this, and it was the president thereof. But Jermy moved another exception upon these words, he hath killed them, and doth not say felonice, which is uot good, for he might kill them in execution of justice, which is justifiable, Trin. 2 Jao. Wilier's case in the Court, it was adjudged, that for these words, Thou hast stolen a piece, and I will...
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