Walters against Mace
| Jurisdiction | England & Wales |
| Judgment Date | 21 June 1819 |
| Date | 21 June 1819 |
| Court | Court of the King's Bench |
English Reports Citation: 106 E.R. 541
IN THE COURT OF KING'S BENCH.
[756] walters against mace. Monday, June 21st, 1819. Declaration stated that defendant went before one R. C. Baron Waterpark, of Waterfork, in the county, &c. and the proof was that he went before R. C. Baron Waterpark, of Waterpark, in the county, &c.: Held that the allegation in the declaration was a description of a name of dignity, and therefore that this was a fatal variance. In a count for slander: the words were, " This is my umbrella: he stole it from my backdoor." The words proved were, "It is my umbrella, &c." And it appeared that these words were not spoken in the house where the umbrella then was:: Held that the evidence did not support the declaration, inasmuch as the words laid imported to be spoken concerning a thing then present, and the words given in evidence were actually spoken concerning a thing not present at the time. Declaration stated that the defendant went before Richard Cavendish, Baron. Waterpark of Waterfork, in the county of Cork, one of the justices, &e. for the county of Stafford, and falsely and maliciously, and without any probable cause, charged the plaintiff with felony, and obtained a warrant to search his hduse, &c. There was- ; guilty. At the trial before Garrow, Baron, at the last assizes for the county of Stafford, it appeared in evidence, that the charge was made before Richard Cavendish, Baron Waterpark, of Waterpark, in the kingdom of Ireland, a justice of peace for the county of Stafford; that the defendant obtained a search warrant, under the authority of which he went to the plaintiff's house, and, upon seeing an umbrella, said it was his, but would not swear to it; that he then returned home, and there said, in the presence of a constable, "It is my umbrella, and he stole it from my back door." Jervis, for the defendant, objected, that the two first counts could not be supported, upon the ground of the variance between the description of the title of 542 WALTERS V. MACE 2 B, & ALD. 757. Lord Waterpark in the declaration and proof, and as to the third count, that it was not supported in point of proof, the words being " it is my umbrella," and the words laid in the declaration being, " this is my umbrella;" which purported to be spoken of something [757] present. The learned Judge thought both these objections fatal, and nonsuited the plaintiff. A rule nisi for setting aside the nonsuit was obtained in last Easter...
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