West v Smallwood
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1838 |
| Date | 01 January 1838 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 1208
EXCH. OF PLEAS.
S. C. 6 Dowl. P. C. 580; 1 H. & H. 177; 7 L. J. Ex. 144; 2 Jur. 328. Applied, Brown v. Chapman, 1848, 6 C. B. 377; Austin v. Dowling, 1870, L. R. 5 C. P. 539.
west v. smallwood. Exch. of Pleas. 1838.-Where a party lays a complaint before a magistrate on a subject-matter over which he has a general jurisdiction, and the magistrate grants a warrant, upon which the party charged is arrested, the party laying the complaint is not liable as a trespasser, although the particular case be one in which the magistrate had no authority to act.-The complainant having accompanied the constable charged with the execution of the warrant, ifiid pointed out. to him the person to be arrested :-Held, that this was evidence to go to the jury of a participation in the arrest. [S. C. 6 Dowl. P. C. 580; 1 H. & H. 117; 7 L. J. Ex. 144; 2 Jur. 328. Applied, Brotyn v. Uhapman, 1848, 6 C. B. 377 ; Austin v. Dowliny, 1870, L. K. 5 C. P. 539.] Trespass for assault and false imprisonment. Plea-the general issue. Af; the trial before Lord Abinger, G. B., at the Middlesex Sittings after Hilary Termj it appeared that the plaintiff was a builder, and had been employed by the defendant to build some houses for him under a specific contract. Whilst the work was going on, a dispute arose between the plaintiff and defendant, and the plaintiff in consequence discontinued the work, upon which the defendant went before a magistrate, and laid an information against him under the Master and Servant's Act, 4 Geo. 4, c. 34, s. 3. The magistrate having granted a warrant, the defendant accompanied the constable who had the execution of it, and pointed out the plaintiff' to him. Upon being brought before the magistrate, the complaint was heard and dismissed. Lord Abinger, G. B., was of opinion that the action was misconceived, and should have been in case; and thought that the evidence of interference in the arrest by the defendant was too slight to make him a trespasser; and the plaintiff's counsel not having pressed his lordship to lay that question before the jury, the plaintiff was nonsuited. Kelly now nioved to set that nonsuit aside, and for a new trial. It is conceded, that yvhen an information is laid [419] before a magistrate in a case over which he has jurisdiction,; and the magistrate grants a valid and legal warrant, on which the party! is apprehefided, the party cannot bring trespass, but must sue in case. In...
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...there are judicial observations as to the possibility of justices having a civil liability. In West v SmallwoodENRENR[1938] 3 M & W 420; 150 ER 1208, Lord Abinger, C.B., said that there was a remedy against a justice if he had acted maliciously and, in Cave v MountainENRENR(1840) 1 Man & G ......
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