 | William Selwyn - Nisi prius - 1812 - 732 pages
...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 the...the case is the proper remedy, because the injury is sustained in consequence of •he-wrongful act of that other." Per Ashhurst JSC Exchequer.againsthis... | |
 | 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
...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...consequence of information from another, there an action on the case is the proper remedy. Morgan v. Hughes. 2 Term Rep. 232. [And see SimeIwuse v. Elliot.... | |
 | Francis Buller - Actions and defenses - 1817 - 684 pages
...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 the...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 - 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...the case is the proper remedy, because the injury is sustained in consequence of the wrongful act of that other." Per Ashhurst, JSC (6) Under what circumstances... | |
 | 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."... | |
 | 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... | |
 | Law reports, digests, etc - 1825 - 800 pages
...according to the distinction laid down by Mr. Justice Ashhurst in Morgan v. Hughes,(7) viz. that " where the act of imprisonment by one person, is in consequence of information from another, an action on the case is the proper remedy, because the injury is sustained in consequence of the wrongful... | |
 | Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...an action of trespass, and not an action upon the case. Per Cur. The rule is perfectly clear, that where the act of imprisonment by one person is in consequence of information derived from another, case is the appropriate remedy ; but here, as the act of imprisonment is the... | |
| |
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... 
