The Six Carpenters' Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1616 |
| Date | 01 January 1616 |
| Court | Court of the King's Bench |
English Reports Citation: 77 E.R. 695
King's Bench Division
[146 a] the Six carpenters' case. ' j3 u fl lv e' l(*~ Mich. 8 Jacobi 1. Resolved,-1. When an entry, authority, or licence, is given to any one by the law, and he abuses it, he shall be a trespasser ab initio: but not where the entry, authority, or licence, is given by the party. 2. An act of omission cannot make a party a trespasser ab initio. Note. *Tender upon the land before the distress, makes the distress tortious; tender after the distress, and before the impounding, makes the detainer and not the taking wrongful; tender after the impounding, makes neither the one uor the other wrongful.* *If the plaintiff makes a sufficient tender after the avowant has return irreplevia-able, he may have an action of detinue for the detainer after; or he may, upon satisfaction made in Court, have a writ for the re-delivery of the goods.* In trespass brought by John Vaux against Thomas Newman, carpenter, and five other carpenters, for breaking his house, and for an assault and battery, 1 Sept. 7 Jac. in London, in the parish of St. Giles extra Cripplegate, in the ward of Cripplegate, &c. and upon the new assignment, the plaintiff assigned the trespass in a house called the Queen's Head. The defendants to all the trespass prceter fractionem domus pleaded not guilty; and as io the breaking of the house, said, that the said housepi'ted' tempo/re quo, &c. et dm emtea et posted, was a common wine tavern, of the said John Vaux, with a common sign at the door of the said house fixed, &c. by force whereof the defendants, pned' tempore guo, &c. viz. hora quarto, post meridiem into the said house, the door thereof being open, did enter, and did there buy and drink a quart of wine, and there paid for the same, &c. The plaintiff, by way of replication, did confess, that the said house was a common tavern, and that they entered into it, and bought and drank a quart of wine, and paid for it: but further said, that one John Ridding, servant of the said John Vaux, at the request of the said defendants, did there then deliver them another quart of wine, and a pennyworth of bread, amounting to 8d. arid then they there did drink the said wine, and eat the bread, and upon request did refuse to pay for the same (a) : upon which the defendants did demur in law : and the only (a) Co. Lit. 71 b. Pref. to 8 Co. (b) Praf. 3 Rep. p. 5. Fitz. Conusans 57. Br. Conusau. 40. (r.) 9 E. 4. 18. 1 Jones. 62. Cro. Car. 102. Lit. Rep. 336. Ball. 65. Poph. 40. 1 Co. 67 a. 87. 9 Co. 107 b. Plowd. 198 a. Co. Lit. 338 b. (d) Ante 75 b. (e} Br. Exposition de Parols 44. 1 Co. 145 a. Bridgm. 102. Co. Lit. 45 b. 6 Co. 79. 7 Co. 38 b. 24 E. 4. 13. (a) When an authority or licence given by the law is abused, in an action for the 696 six carpenters' case s co. kep. i b. point in this case was, if the denying to pay for the wine, or non-payment, which is...
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Greene v Jones
...becomes a trespasser ab initio; if the defendant pleads such licence or authority, the plaintiff must reply the abuse, 8 Eep. 146, The Six Carpenters' case. 3 Wils. 20, Dye v. Leatherdale. 3 T. R. 292, Taylor v. Cole. B. C. 1 H. Black. 555. 1 T. R. 338, Giindry v. Feltham, per Buller J.(q) ......
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Cinnamond v British Airports Authority
...by the law; and that automatically makes him a trespasser from the beginning. That is why I referred to the case of the six carpenters (1690) 8 Coke 146, 1 Smith's Leading Cases 134. It has its parallel here. The six carpenters went into a wine tavern in the City of London called the Queen'......
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Wiltshire v Barrett
...E. S. Fay Q.C. and E. T. S. Read for the plaintiff. The following cases, not referred to in the judgments, were cited in argument: Six Carpenters' CaseF3; Cowless v. Dunbar and CallowF4; Williams v. GlenisterF5; Hanson v. WallerF6; Leachinsky v. ChristieF7; Gorman v. BarnardF8; Hall v. Boot......
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R (Rottman) v Commissioner of Police of the Metropolis and Another
...was entitled to seize other goods which would be likely to prove the guilt of the thief/receiver. See, for these developments, the Six Carpenters' Case (1610) 8 Co Rep 146a; Price v Messenger (1800) 2 Bos & P 158; Crozier v Cundey (1827) 9 Dow and Ry KB 224; Pringle v Bremner and Stirling (......
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The Exclusionary Rule and Causation: Hudson v. Michigan and Its Ancestors
...194, 195 (K.B.); G. Robert Blakey, The Rule of Announcement and Unlawful Entry, 112 U. Pa. L. Rev. 499, 500-08 (1964). [209] See The Six Carpenters' Case, (1610) 77 Eng. Rep. 695, 696 (K.B.) (misconduct by one who has entered the premises of another under authority of law can taint his entr......
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Lumbers v. W. Cook Builders Pty. Ltd.
...Ibid. (67) See generally Samuel Stoljar, 'Consideration of Request' (1967) 5 Melbourne University Law Review 314, 316-19. (68) The Six Carpenters' Case (1610) 8 Co Rep 146, 147; 77 ER 695, 697-8, cited in Ibbetson, above n 64, 269 fn (69) (1744) in Sir Francis Buller, Introduction to the La......