 The general distinction is this : where the immediate act of imprisonment proceeds from the defendant, the action must be trespass and trespass only; but where the act of imprisonment by one person is in consequence of information from another, there...  The Law of Torts Or Private Wrongs - Page 231by Francis Hilliard - 1859 - 719 pagesFull view - About this book
 | William Selwyn - Nisi prius - 1812 - 732 pages
...error from Ireland. (3) For another remedy in this case, see Smith v. Broombead, ante, p. 221. (4) " Where the immediate act of imprisonment proceeds from...because the injury is sustained in consequence of •he-wrongful act of that other." Per Ashhurst JSC Exchequer.againsthis commander, for a malicious... | |
 | Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...where the immediate actof imprisonment proceeds from the defendant, the action can only be trespass: but where the act of imprisonment by one person is in consequence of information from ano ther, there an action on the caséis the proper remedy. Morgan v. Hughes. 2 TR 232 5, A plaintiff... | |
 | Nicholas Baylies - Law reports, digests, etc - 1814 - 576 pages
...the law. 3 East, 398. 26. For false imprisonment the distinction between case and trespass is this ; where the immediate act of imprisonment proceeds from the defendant, the action can only be trespass : but where the act of imprisonment by one person is in consequence of information... | |
 | William Selwyn - Nisi prius - 1817 - 776 pages
...I'aiker v. 1 i Bro. I'. C. 76 Tomtiu's Ed. Langley, Gilb, R. 163. m Put ton v. Honuor, 1 Bos. &Pul. 205. where the act of imprisonment by one person is in...of the wrongful act of that other." Per Ashhurst, JSC (6) Under what circumstances an action will lie for a malicious and vexatious suit, see notes on... | |
 | Francis Buller - Actions and defenses - 1817 - 684 pages
...Book, 7 Hen. 4. pa. 35.) but that case was adjourned. (a) Vide Wynham v. Clert, Сто. Eliz. 230. Where the immediate act of imprisonment proceeds from...imprisonment by one person is in consequence of information fíom another, there an action upon the case is the proper remedy. Per 4Murst, J. in Morgan v. Hughes,... | |
 | William Selwyn - Nisi prius - 1817 - 782 pages
...1'arker v. 1 i Bro. PC 76 Toralin'? Ed. Laugley, Gilb. R. 163. m Parton v. Homior, I Bos. £Pul. 205. where the act of imprisonment by one person is in...information from another, there an action upon the case ia the proper rtmedy, because the injury is sustained in consequence of the wrongful act of that other."... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1818 - 730 pages
...case, as respects charges of this nature, and arrests proceeding from such charges, is this—Where the immediate act of imprisonment proceeds from the...the case is the proper remedy, because the injury sustained is in consequence of the wrongful act of that other. Morgan v. Hughes, 2 TR 351. In an action... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1818 - 734 pages
...as respects Charges of this nature, and arrests proceeding from such charges, is this — Where th« immediate act of imprisonment proceeds from the defendant,...the case is the proper remedy, because the injury sustained is in consequence of the wrongful act of that other. Morgan v. Hughes, 2 TR 351. In an action... | |
 | William Selwyn - Civil procedure - 1820 - 830 pages
...Hughes, 2 TR 255. (4) For another remedy in this case, see Smith v. Broomhead, ante, p. 240. (5) " Where the immediate act of imprisonment proceeds from the defendant, the action must be trespass, ai14 trespass only ; but VOL. H. AA A. n captain in the navy, was accused by his commander in chief... | |
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