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WESTMINSTERJsiroBTANT Decision.—Mr, Smyth, from the office ofMr. Be la Mare, solicitor, applied to the magistrate for two certificates under the 9th of George IVcap. 3, sees. 27 and 28, to bar an action brought in the Court of Common Pleas, by Gilbert Spuraway against Thomas Snow, for assault and | battery. The circumstances under which the application j was made were these : In May, 1859, Spuraway summoned Snow at this court for an assault, when defendant having paid complainant a sum of money as compensation, it was mutually agreed that the case should not be proceeded with, and the summons was dismissed in the ordinary Iway. On the 21st of November last, Spuraway took out a j second summons at this court for smother assault, and lt;on the same day served him with a writ in action for the same assault in the Court of Common Pleas, and on the 28th, when the police summons was made returnable, a solicitor attended on the part of Spuraway and withdrew the summons upon Snow’s entering into his recognizances of £50 to keep the peace. Mr. Smyth said he was aware it had hitherto been held that the case must be heard and deter* mined before a noiice magistrate to entitle the defendant to a certificate, but a different view had recently been taken of the law. He now applied on the authority of the case of Bradshawe v, Vaughton, tried in the Court of Common Pleas last November, in which it had been held, by LordChief Justice Erie that a party was entitled to a certificate to bar an action under such circumstances as he had described.Mr. Payater observed that he was aware of the case quoted by Mr, 'Smyth, npon the authority of which he felt himself bound to grant the required certificates.
Newspaper Details
Naval Chronicle
London, Middlesex, GB
Thu, Dec 13, 1860
Page 8
Full Page
Clipped by
Anonymous
CA 30 Dec 2020
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