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in 1317 on the adulteration of wine with salt water. The form of the writ, stated however, that the defendants "with force and arms, namely with swords and bows and arrows, drew off a great part of the wine from the aforesaid tun and instead of the wine so drawn off they filled the tun with salt
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By the 1350s, writs of trespass could be litigated in the royal courts only if they alleged "force and arms". That was, however, largely a problem of procedure; some sections of the royal courts were more liberal than others in that respect. In particular, procedure under the
104:. Several cases were brought by a procedure of Bill into the King's Bench which did not allege force and arms between the 1340s and 1360s. In the Humber Ferry Case (1348), a horse was lost while being ferried across the Humber, and no force of arms was alleged.
111:(1369). It was alleged that the defendant had negligently treated the plaintiff's horse. The Common Pleas accepted that in such a situation, an allegation of force and arms in a writ would not be appropriate. By the 1390s, actions on the case were common.
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was passed. This limited actions in the royal courts to property damage worth above 40 shillings, maims, beatings or wounds. Soon after this
Statute was passed, writs of trespass appeared in a stereotyped form alleging "force and arms", or
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Trespass and trespass on the case, or "case", began as personal remedies in the royal courts in London in the 13th century. These early forms of trespass reflected a wide range of wrongs.
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against the person, the latter involving trespass against anything else which may be actionable. The writ is also known in modern times as
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form probably did not involve force and arms at all and could be regarded as fictions.
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125:, a Supreme Court of New York case from 1805 dealing with Trespass to case.
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The turning point in the creation of "honest" writs of Case was
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and can be sought for any action that may be considered as a
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water so that all the aforesaid wine was destroyed".
167:printed in Y.B. 10 Edw. II, Selden Society vol. 54
100:was less strict than procedure by writ in the
91:Emergence of the writ of trespass on the case
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48:but is yet to be an established category.
156:An Introduction to English Legal History
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52:Emergence of the writ of trespass
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73:Some of the cases brought in
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83:Rattlesdene v Grunestone
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59:In 1278, however, the
130:Keeble v Hickeringill
102:Court of Common Pleas
61:Statute of Gloucester
28:are the two catchall
26:trespass on the case
109:Waldon v Mareschal
42:action on the case
34:English common law
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158:, pg 61.
115:See also
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22:trespass
189:Writs
32:from
30:torts
18:writs
46:tort
24:and
16:The
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