Grady v Hunt

• Jurisdiction: Ireland
• Judgment Date: 17 November 1855
• Date: 17 November 1855
• Court: Court of Common Pleas (Ireland)

Common Pleas.

GRADY

and

HUNT.

Haylock v. SparkeENR 1 El. & Bl. 471.

Prickett v. GratrexENR 2 New Sess. Cas. 429.

Regina v. O'Connell 7 ir. Law Rep. 261.

Rex v. BowesENR 1 T. R. 696.

Willes v. BridgerENR 2 B. & Ald. 278.

The King v. TregarthenENR 5 B. & Ad. 678; S. C., 2 N. & M. 379.

COMMON LAW REPORTS. 445 in the action are at an end. If the defendant's attorney wished to M. T. 18M. CommonPleas. establish his claim for costs, he should have opposed the plaintiff in SMITH the Bankrupt Court, or adopted some other course ; but the plaintiff v. has now a right to draw this money out of Court. O'CONNELL. Motion granted. GRADY v. HUNT, Nov.16, 17. Tins was an action for false imprisonment, tried before Greene, B., A magistrate's warrant of at the Summer Assizes 1855, for the county of Galway. The sum- committal of a person to mons and plaint contained three counts. The first count alleged Prison, until he . find sufficient that the defendant, on the 15th of September 1853, caused an sureties to keep the peace, is assault to be made on the plaintiff, at Shule in the county of Mayo, illegal, if it omit to specify and caused him to be apprehended and seized, and unlawfully and the time for which, in de- illegally to be detained a prisoner in the police-barrack there for a fault of finding such sureties, the party is to be kept in pri- son. A magistrate who issued such a warrant was not, in so doing, acting within his juÂÂrisdiction, within the meaning of the first section of the 12 Vic., c. 16. 446 COMMON LAW REPORTS. M. T. 1855. such Justice, by one J. Walsh, who swore, among other things, that CommonPleas. the plaintiff had thrown a stone, of a pound and a-half weight, at the GRADY said J. Walsh, and had struck him with it ; and that the plaintiff v. HUNT. bad also struck him with a stick, and threatened to.take away his life ; and the said J. Walsh also swore, that he was in fear that the plaintiff would do him some further bodily harm. That the defendant thereupon, acting in the execution of his duty as such Justice, in respect of the premises, being a matter within his jurisdiction, duly issued his warrant; under his hand and seal, directed to the police officers of the county Galway, directing them to apprehend the plaintiff, and bring him before the defendant, or some other Justice of the Peace for the county of Galway, to answer the said charge; that he delivered this warrant to a constable, who, by virtue thereof; took the plaintiff into...