The master of a school had possession of the schoolroom for the purposes of his office, but was dismissed by the trustees for an alleged breach of the rules, and he gave up the room which was taken possession of by them and locked up. He returned on the next day, broke open the room, and held it for 11 days, at the end of which the trustees forcibly ejected him. He then claimed trespass, describing the premises as a room of the plaintiff. Plea in denial that it was not the room of plaintiff
Held: The plaintiff had not by his re-entry acquired possessionary rights against the trustees as wrongdoers, and they might set up the above facts in defence without having pleaded not possessed
The trustees of the free school had agreed rules for the governance of the school and the trustees called on those rules and produced them at the trial of the causes between them.
Held: They were admissible without having been stamped as an agreement
Citations:
(1840) 12 Ad and El 624, (1840) 4 Per and Dav 355, (1840) 113 ER 950
Jurisdiction:
England and Wales
Employment, Torts – Other, Stamp Duty
Updated: 01 November 2022; Ref: scu.649122
