An action of some iuterest to husbands, Copel v. Powell and wife, has ju6t been 1 decided in the Courc of Common Pleas. n Jb was a suit to recover damag^stin-consequence of the female defendant- haVihg wrongfully given the plaintiff into custody. When the imprisonment took place the defendants' were husband and wife, but before this action tf aa brought there was a^divorce a vinculo. At the trial before Mr.'^Baron Martin, at •Guildford, the jury assessed the damagdSJf&'t £50, but as to Mr. Powell it was contended that the divorce freed him from the consequences of any tortuous act committed by the female defendant during coverture. The question nbw was whether this 1 contention was tight. The Lord Chief Justice was of opinion that "the husband of a woman. jHiere" a divorfte had taken place, was hotlßßSle to be sued -in respect of wrongs which the wife had committed during co^irtu+e. Tho husbattd^ in tins case, therefore, was 'exohe'ratSa A " ri ffconi liability for what had been ddffe by his wife, and (he rule . to, .enter a verdict against him for the £50gftp|Mjj|ife discharged. " : Near the Cotk County Court HouTte is a mill, the noise of which seriously disturbed the serenity of Judge Ball, who went oil' the Minister Circuit *Jsfßfoissizes- He directed 1 that the mill should be stopped i but afl'ife'had not broken the law, and was not in court, it was supposed he had no power over it, &nd so it went on torMring the judicial nerves. 'Mr. Justice Ball then sent for the miller, ftnd imperatively eomnmuded him to stop the mill. "3?or how long, my lord ?' r humbly asked Mr. Deeble. "As long aa^C please," replied the judge. The mill wajgacconlingly stopped, and has not been set going since, as his lordship never signified his pleasure on the subject. It is probable that if he- had known the history of the mill in question he would have been more cautious, for on a former occasion tho corporation thought proper t6 interfere with it, for which-the owner brought an action and obtained £1500 damagesi A similar action is about to be commenced against Judge Ball, to recover the loss sustained by having the mill bo many'taontliSiidle. "Some nico points of law art) eipectea to &tse, in the court* of the trial^
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https://paperspast.natlib.govt.nz/newspapers/EP18650216.2.7
Bibliographic details
Evening Post, Issue 8, 16 February 1865, Page 2
Word Count
385Untitled Evening Post, Issue 8, 16 February 1865, Page 2
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