A constable applied for a warrant for the arrest of Richard Hoye, but the justice mistakenly issued a warrant for the arrest of John Hoye, which was the name of Richard Hoye’s father. The constable arrested Richard Hoye, who sued for false imprisonment, and he was held to be entitled to recover: ‘The question in this case is, whether the defendant was justified in arresting the plaintiff under a warrant, describing him as John Hoye, his real name being Richard Hoye. On the part of the defendant it is contended that the justification was sufficient, inasmuch as an officer is protected, where the party arrested is the person really intended to be taken. Such a qualification is not allowed by law. In civil process you could not justify taking a person by the name mentioned in the warrant, his real name being different.’
Judges:
Tindal CJ
Citations:
(1840 ) 1 Man and G 775
Jurisdiction:
England and Wales
Citing:
Cited – Cole v Hindson 1795
A policeman could not justify taking a person by the name mentioned in the warrant, his real name being different. The plea averred that Aquila Cole and Richard Cole were the same person. . .
Cited – Shadgett v Clipson 1807
A sheriff’s officer could not justify an imprisonment of A. B. under a latitat against C. B. though it was averred that A. B. and C. B., are one and the same person, there being no averment that A. B. was known by the name of C. B. . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 01 December 2022; Ref: scu.229688
