Reports of Cases Argued and Determined in the English Courts of Common Law Volume 41 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 Excerpt: ... these pleadings that the cattle were distrained for rent due, and that they were impounded in a good pound, and that the pound was broken; I think this last matter is part of the inducement. The only question raised is, whether the defendant did the act complained of, that is, broke the pound. You may show, for instance, that the cattle escaped of their own accord. Crowder, to the jury. Coleridge, J., (in summing up.)--The questions for you on this record are, First, was the pound broken by any other than the cattle? and, secondly, if it were so, then was the defendant the person who broke it? The cattle had been impounded by law, and I think the pound was a lawful pound. His lordship went over the facts. Lastly, it is in evidence ihat the defendant promised to bring back the cattle, and did not; and it is for you to say whether his subsequent detention of the distress showed that he was the person who took it. Verdict for the defendant. 270 'Civil Side.) BEFORE MR. JUSTICE COLERIDGE. JELLY v. BRADLEY. Action for assault. Plea, that the plaintiff entered the defendant's close without leave and license, and that the defendant ordered him off: but he not going, the defendant molliter man us, Ac. Replication, de injurui: --Held, that under this plea it is not necessary for the defendant to rebut all leave and license, because that is not material to the issue, the defendant's justification being complete, if he can show that he required the plaintiff to leave the close, and the plaintiff refused to do so, although the plaintiff had, in fact, entered at first by the leave and license of the defendant, that leave and license lasting only during the defendant's pleasure. Action for assault and battery. Pleas, not guilty, and a justification that the defendant was...