Sturch against Clarke and Two Others
| Jurisdiction | England & Wales |
| Judgment Date | 05 November 1832 |
| Date | 05 November 1832 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 398
IN THE COURT OF KING'S BENCH
S. c. 1 N. & M. 671; 2 L. J. K. B. 9.
[113] sturch against clarke and Two others. Monday, Nov. 5th, 1832. Plaintiff declared in case, that the defendants wrongfully and maliciously took his goods of the value of 7001. as a distress for 1411. alleged and pretended to be due for a poor rate, whereby they levied an unreasonable and excessive distress for the said 1411.; and .it was proved that the defendants, overseers, having a regular distress warrant for the rate, distrained cattle, &c. of the plaintiff, to the value of more than 6001.: Held, that the plaintiff was not bound to demand a copy of the warrant, pursuant to 24 G. 2, c. 44, s. 6, before commencing his action, as the overseers had not acted in obedience to the warrant, and no action would have lain against the justices. Held further, that it was not a question to be left to the jury on these facts, whether or not the defendants acted maliciously. And, on motion in arrest of judgment, held, that the declaration, though it did not expressly admit any poor rate to have been due (on which ground it was objected that the action ought to have been trespass), was sufficient, at least after verdict. [S. C. 1 N. & M. 671; 2 L. J. K. B. 9.] Case for wrongfully and maliciously taking and distraining goods of the plaintiff, as a distress for 1411. for a poor rate alleged and pretended to have been duly assessed on him, and to be in arrear, such goods being of much greater value than 1411., to wit, 7001., whereby the defendants then and there took a great, unreasonable, and excessive distress for the said 1411., &c., and wrongfully and maliciously detained the same, to wit, for three days, and until the plaintiff was obliged to redeem the same by paying 1411. and costs; whereas one fourth part of the distress would have been sufficient to satisfy the said 1411. and charges, &c. Plea, the general issue. At the trial before Gaselee J., at the Buckinghamshire Summer Assizes 1832, it appeared that the distress (consisting of sheep and rams, and a quantity of beans,) was taken under a warrant issued by two justices to the overseers of the parish of Haddenham, Bucks, reciting that the plaintiff had been assessed to the poor rate in the sum of 1411., and had refused payment, &c., and requiring them to make distress of the plaintiff's goods and chattels; and if the sum, with costs, &c., were not paid in five...
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