The Sun.
London, England, 1802-12-06 00:00:00

LAW REPORT.

COURT OF KING's BENCH, bze. 4.

di r SEPORI MR. rt7STiCE LAWRENCE IN VIESTMIN-

STZR-HALL.

GLASSINGTON V. RA.WLINS AND ANOTHER.

TurS was an Aaion against the two Defendants,
the late Sheriffs of the County of Middlesex, for a
Trespass, that of forcibly entering the Plaintiff's
dwelling-house, in the Strand, and removing and
taking away certain goods and chattels . of his,- of
the value of !Ss!.
The short state of the case is this s An execution
issued against the goods.of a person of the name of
Dickie, a Stationer, opposite to Exeter Change, in
the Strand, at the suit of one of his Creditors, and
the Sheriff entered under the authority of that exe-
cution, and made the levy ; the goods were after.:
wards sold to Mr. Ridgeway, a Bookseller, inYark.
street, and paid for, and the execution was with-
drawn on payment of the money. The goods were
not removed, but kept there at the desire both of
the Plaintiff Glassington and Dickie,- that the trade
might be carried on as if it had not been interrupted,
Mr. Ridgeway being stated to be the friend of din-
' sington, and also of Mr. Dickie. Previous to the
issuing of this execution, DiCkie was arrested at
the suit of Matilda- Hodsol and "Walter Stirling.,
Esq. Bankers, and on which he went to Newgate,
where he remained upwards of two moothci, which
was an Ad of Balikrtiptcy. A Commission of Bank-
,
ruptcy was issued against him Glassington was
the Assignee under that Commission, and it was
contended that this ,Aft of Bankruptcy 'referred
back to the time .Dickie was arrested, which was
prior to the issuing of the Writ" of Execution,
and that therefore the property thus sold under
the execution, belonged to the Assignees, for
the benefit of the general Creditors. Mr. ER-
SEINE said, that the real question in the Cause
was, Whether this was a bona fide CoMmission
issued out against Dickie, for the honest pur-
pose of dividing whatever property he possessed,
between his Creditors, or a mere 'white-washing
• Commission ? After the Cause had gone to.the end '
of it, on the part of the Plaintiff, in the course of
which it appeared that the name of Dickie only had
always been on the door of the shop, and all bills
were made otit in his name, and he was constantly
held forth to the Public as. the occupier of the house,
and that Glassington was apparently only a lodger
there, it appeared, that at all "events this ,Commis..
sion, which is the second one against .Dickie, had
been taken out too soon, that is to say, had-been
taken out before Dickie had lain in prison two
months ; and therefore the Learned judge observed,
that there was, at all events, an end of this Ac,
tion ; it was true, that if ,Dickie had- remained in
prison two months, that would be an aft of bank-
ruptcy, which would refer to the time of his first
going to prison ; but then the of of bankruptcy
could not be inferred until he had lain two-months

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in prison. Here the Commission was taken out
before the ply° morals expired, and consequently
this. Commission could not be sustained, and what-
ever the merits of the case might he, this put an
end to the Mtion.—Plaintiff nonsuited.

COOK 2'. DAVIS.

THIS was an Anion fur an Assault. Mr. ERSK I N E
said, that the circumstances of this case would prove
to the Jury, that the conduft of the Defendant was
disgraceful, and ought to be resented in 'a Court of
Justice, in order that men like the Defendant, might
bp taught their duty to their neighbour better than
he seemed to understand it at present.. Mr. Cook,
the Plaintiff, lived in Plicenix-court, Long-acre.
He let out .part of his house to a woman .of the name
`of Left, whO being a lodger, he had soon reason,
for wishing to get rid of, she having let her apart-
mentto another of the name of Sampson, without'
the consent of the Plaintiff, he having let his lodg-
ings under condition there should be no sub-tenant.
'After a great deal of difficulty 'the Plaintiff got rid
of these troublesome lodgers of his, and they took_
every thing belonging to them away also : so that
the Plaintiff did .as he had a right to do.; he pur a pad-
lockon the door of the apartment which they had
occupied, so .that if they should take it into their
heads to return, they .might be barred out, and that
he might not. be put to the trouble of getting rid of
them again. Some time after this, the Defendant,
accompanied by some others, brough,t an hatchet to
beat down the dour of this apartment in the Plain-
tiff's house, .alledzing that he came from these
persons who had.been the lodgers, and that they
had a right to enter by force if they had not quiet .
possession given to them. The Plaintiff resisted
this, as he had a right by law to. resist it—on
which the Defendant took the Plaintiff up, and
dashed him against the floor, which bruised him in
the manner Which the Witnesses would describe.
After this case' was proved, the Jury would say
whas either of themselves would expert by way of
elaniages if the Plaintiff'scase•was his.

William Lawrence said, he knew Mr. Cook,'the
Plaintiff, who lived in Phenix-court, Long-acre.
He knew the Defendant alSo, who kept a Broktr's
shop in Castle-street, Leicester-fields. On the r3th
offrMober, he saw the Defendant at Mi. Cook's
house ; he came there accompanied by a great
many people who had axes in their hands, at least
one of them had an axe. The Defendant came to
the loot in the passage of the Plaintiff's house.
The Plaintiff was standing at the door. The peo-
ple came into the passage, for the street door was
open ; the Witness was in the passage Aso, and
saw every, thing that paSsed. Mr. Davis, the De_.
fendabt, said to Mr. Cook, the Plaintiff, " Where
is the key of the door ? By what right do yon lock
it up ?" Mr. Cook said it was his own door, and
no person should enter it, and asked the Defendant
" By what, authority do you come here ? You are
a stranger ; Ido not know you." On which the
Defendant shoved the Plaintiff off. The Plaintiff
came back again, And/stuck himself by the side of
the door—on which the Defendant, making use of
an oath, said he would break the door open ; he
then took hold of the Plaintiff by the collar, and
then by the waist, lifted him, up, and threw Hui