英美侵权法案例-Semayne's case |
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时间:2008-09-24
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From Wikipedia, the free encyclopedia Jump to: navigation, search Semayne's Case (1604) 77 Eng. Rep. 194; 5 Co. Rep. 91, is an English common law case decided by Sir Edward Coke, sitting as Lord Chief Justice of the Court of the King's Bench. In the US, it is recognised as establishing the "knock and announce" rule. Facts Richard Gresham and George Berisford were joint tenants of a house in Blackfriars, London. Berisford died, leaving his effects, including some papers, to Peter Semayne. Semayne sued to have the effects delivered to him. To accomplish this the Sheriff of London, with a valid writ, entered the house by breaking down the doors. Judgment The holding of the case can best be summed by Coke's words, “ In all cases when the King is party, the sheriff may break the party's house, either to arrest him, or to do other execution of the K[ing]'s process, if otherwise he cannot enter. But before he breaks it, he ought to signify the cause of his coming, and to make request to open doors…[1] ” The case is also famous for Coke's quote that, “ the house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose.” |
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