References: , [1834] EngR 140, (1834) 6 Car & P 496, (1834) 172 ER 1335

Links: Commonlii

A was placed at the defendant’s boarding school by his mother, whom the defendant afterwards refused to permit to take him away. A was not detained against his own will, nor did he know that his mother had applied to have him restored to her.

Held: that an action for false imprisonment did not lie against the defendant at the suit of A, but that his mother might have maintained an action in a different form.

This case cites:

See Also – Herring -v- Boyle Exch ((1834) 1 Cr M & R 377, Commonlii, [1834] EngR 139, (1834) 1 CrM & R 377, (1834) 149 ER 1126)

A mother went to fetch her 10-year-old son from school on 24 December 1833 to take him home for the Christmas holidays. The headmaster refused to allow her to take her son home because she had not paid the last term’s fees, and he kept the boy at . .