Rich against Aldred
| Jurisdiction | England & Wales |
| Date | 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 968
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 308. rich against aldred. If A. bail the goods of C. to B. and C. brings detinue against B. he may plead the bailment, and pray garnishment. Detinue for Oliver Cromwell the Protector's picture.-Per Holt, Chief Justice, at the trial. If A. bail the goods of C. to B. and C. bring detinue against B. for them, B. may plead the bailment to him by A. to be re-delivered to A. and so brings in A. as garnishes, to interplead with C. And if A. bail goods to C. and after give his whole right in them to B. B. cannot maintain detinue for them against C. because the special property that C. acquires by the bailment, is not thereby transferred to B. (a). (a) See Hare v. Gator, Cowp. 766. (6) See 4 Term Rep. 680. (a) See 11 Geo. 2, c. 19. (b) But by 11 Geo. 2, c. 19, s. 20, distresses for rent shall not be deemed unlawful for any irregularity or unlawful act afterwards done by the party distraining, nor the party deemed a trespasser ab initio; but the parties grieved thereby may recover satisfaction for the special damage, and no more, on an action of trespass or on the case, &c. (a) See Year-Book 6 Hen. 7, pi. 9 a. Brook Abr. " Detinue," pi. 19.
English Reports Citation: 87 E.R. 969
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
6 MOD. 217. TRINITY TERM, 3 QUEEN ANNE. AT NISI PRIUS 969 case 309. johnson and his wife against browning. In an action for malicious indictment, if the indictment be recited "according to the substance following," a variance of "valoris" instead of "valentice" is immaterial; but if the recital had been " in hcec verba," the variance would be fatal.-S. C. Holt, 3. Action on the case for maliciously indicting and prosecuting the wife for felony, whereof she was acquitted. The declaration recited the indictment, continent' maleriam sequentem; and in the recital of the goods supposed to be stole, it was valoris of so much ; whereas the indictment was valentice of so much. It was objected, that this was a variance from the indictment. But it was over-ruled; for that was the same in substance, and so materiam sequentem; but if they had undertaken to set forth the indictment in hcec verba, it would have been a fatal exception (a). Nota, by Holt, Chief Justice. To do the business fully, the plaintiff ought to have proved a copy of the bill exhibited (b), and that it was found...
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