Atwood brought an action upon the case against Monger, for causing a false presentment to be made against him before the Conservators of the River of Thames, for suffering 8 loads of earth to fall into the river of Thames, and obteins a verdict ;
the defendant moved in arrest of judgement, that it dh not appear by the record what authority the conservators had to take the presentment, and if they had no authority, then it was coram non judice, and the plaintiff could not be prejudiced by it. Twisden answered it is well enough, though their authority appears not by the record, because they have authority given them by the statute of 13 R. 2. c. 9. Which is a general law, and ought to be taken notice of; but if not, yet the action is well brought, for it is brought for the vexation the plaintiff was put unto by reason of the presentment, and the other matter alleged, is but by way of inducement to the action, 2 Car. in Dent and Olifes case in this Court so held, and though the conservators had no authority, yet the action lies for the rnalitious prosecution, and for unjustly vexing him, and so adjudged. Trin. 16 Car. in this Court in Damon and Sheremans case. Hales on the other side said, that this Court is not bound to take notice, that the Lord Maior of London hath this jurisdiction of conservatorship, for the statute which gave it him is a particular law touching him only, and so not to be taken notice of without it be shewn, and then if he have no such authority, all the proceedings against the plaintiff are void. Roll Chief Iustice, An action upon the case lies for bringing an appeal against one iri the Common Pleas, though it be coram non judice, by reason of the vexation of the party, and so it is all one whether here were any jurisdiction or no, for the plaintiff is prejudiced by the vexation, and the conservators took upon them to have authority to take the presentment. And I hold that an action upon the case will lye, for maliciously bringing an action agairist him where he had no probable cause, and if such actions were used to be brought, it would deter men from such malitious courses as are to often put in practice.
Citations:
[1658] EngR 37, (1658) Sty 378, (1658) 82 ER 793 (A)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Willers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 20 May 2022; Ref: scu.410828