Donovan v Best

Judgment Date23 June 1926
Docket Number(1926. No. 15184.)
Date23 June 1926
CourtSupreme Court (Irish Free State)
S. C.,

Fit to be prosecuted in the High Court -Action for false imprisonment and malicious prosecution - Sufficiency of evidence - Whether primâ facie case made out - Measure of damages -Whether verdict for over £300 would be set aside - Courts of Justice Act, 1924 (No. 10 of1924), s. 25.

The premises of the defendant, a manufacturer of casings for sausages, were broken into, and 300 "hanks" of these casings were stolen. Some days later the plaintiff, who was also a manufacturer of these casings, sold 140 "hanks" of casings to C. Defendant visited C.'s premises and purported to identify some of the casings bought from the plaintiff as some of the casings stolen from his premises. Plaintiff was arrested on defendant's charge, kept for a night in the bridewell, and brought before the District Justice next day, and on the charge-sheet, signed by defendant, was charged with feloniously breaking and entering defendant's premises and with illegal possession of casings the property of the defendant. After several remands on bail, plaintiff was tried on a charge of receiving these casings, knowing them to have been stolen, but was acquitted. He brought an action in the High Court against the defendant for false imprisonment and malicious prosecution. Defendant moved to transfer the action to the Circuit Court. The plaintiff in his affidavit made for the purpose of opposing the motion stated that...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT