Michael Butler v Charles Blanconi and Others

• Jurisdiction: Ireland
• Judgment Date: 05 June 1847
• Date: 05 June 1847
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

MICHAEL BUTLER

and

CHARLES BLANCONI and others.

Rogers v. Browne Hayes R. 487.

Belk v. Broadbent and WifeENR 3 T. R, 185.

Pitt v. KnightENR 1 Saund. 91, note.

Rowland v. Veale Cowp. 18.

286 cAsgs AT LAW; T. T. 1847. Queen' sBench. MICHAEL BUTLER CHARLES BIANCONI and others. TnEsrAss-The declaration contained a count for breaking and entering the plaintiff's house in Cashel, and seizing and taking his goods ; the second count alleged the trespass in an aggravated form, and the third count was de bonis ctsportatis. The defendants pleaded the general issue ; secondly, as to the breaking and entering of the said dwelling-house and messuages in the said first and second counts, &c., and in which, &c., and making a great noise and disturbance therein respectively, and staying and continuing therein respectively, and making and continuing the said noise and disturbance therein respectively for the said space of time respectively mentioned, and therein seizing and taking the said goods and chattels in the said first and second counts respectively menÂÂtioned, and carrying away the same, and keeping and detaining same, and also as to the seizing and taking and carrying away the goods and chattels as in the said last count of the said declaration menÂÂtioned above supposed to have been done by the said, &c., actionem non, because they say that they the said, &c., before the time when, &,c., to wit, on, &c., at Cashel, to wit, at Clonmel aforesaid, in the Court of Record of our Lady the now Queen, held before the Mayor and Recorder of the city of Cashel, at a certain Court held before the said Mayor and Recorder, they the said defendants levied their plaint against the said Michael Butler, in a certain plea of trepass on the case on promises, for a cause of action arising within the jurisÂÂdiction of the said Court, and thereupon such proceedings were had in the said Court, that afterwards, to wit, on the day and year last aforesaid, a precept issued by said Mayor out of the said Court to Thomas Connor and James Doherty, then and there being serjeantsÂÂat-mace, and bailiffs of the said Court, and.then and there being the CASES AT LAW. 287 officers of the said Court in that behalf, commanding them to attach T. T. 1847. ueensBench. the said Michael Butler by his goods, so that they might have him Q BUTLER the said Michael Butler at the next Court to be holden before the v. said Mayor and Recorder, to answer the said Charles Bianconi and...