The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-09-23 00:00:00

an District

COUNTY COURT.

! Brooks v. IIaLrs.—APPLICATION FOR a NEW
TRIAL.—At the County Court, on Tuesday last,
before Mr. Loxdaie Warren. I/pay-Judge, Mr.
Perry made application for a new trial " Brooks
r. Hayes," for the value of la f a cow. Mr.
Perry wade the appheation en toe groom! that
the verdict was 11g,inst 110 weight of evidence.
Mr. Wooer, who ~I.pear,d oppose the applica-
tion, poin,ed out Letalical o!,jeetions;
but his Honour, v :thou], elsing upon Mr. tionh•r
ler a reply, sit :.Ithough he could not say be
w :
nit tier s.,tetied with the verdict, it was
ii ed,e t,r the cote-ideration of the jury, and he
must refoav the application.
Felloleg r. Penney.- -This was an action fort he
sad' of Li Or
rtr,t: of Innve and premises at
rierlcy flit 311. Hoer appeared for plain-
tiff. ad for defendant. After
hearing the evitici,v, his Honour gave a reedit-,
for plaintiff for the full amount elahood,, and
cods.
ILLEGAL I)isTEEss.—Ridwrd4 Woo/4,-14/,
—At the County Court, on Wednesday, lief,;n•
Mr. Loxiiale Warren, Deputv-dudge, this
au action brought to recover the snot of .1:13 iti
BM. fur distraining upon the plahatiir ;
od.. Mr. Allismi app.,Ared for the plaintiff.
.ind Mr. Perry for the defendant.

Job Bleadmi, a bailiff. proved that he took
po,stssion ot the plaitnitt's goods on the 21st et
June, at the request of t 'verge Wooldridge,
that they were sold by Mr. Wittou, um:Urine, r.
on the following Monday.
Samuel Richards, the plaintiff. said be value .
the goods distrained upon awl sold at £2O. Tilt.
goods had previously cost him £25. IL fir, t
nad the notice of distrivin on the 21st June. The
goods were sold on the following Monday. It
was not true that be told the auctioneer to sel,
all the goods. The srticles Were sold, mid tit-
dafendant kept for the uniount claimed, anit
paid over to we .t 1 9.51.
Croas•examined : I have not lived comfortably
with my wife. I did send to the defendant and
dbk him to take an inventory of the goods, it
not, my wife and family would take them all
easy. I bare not worked lately, and
again. Did not say t P,Mcv-cenatable Cale;
that I would have a sale ot the tiaugs, if th,
detendaut did not sell them. I did instruct Mr.
Witton to sell a few cnattels, after he had gol
sufficient for the distress. After the sale I did
sell a chair.

_
.Mr. Perry aldre.,..ed his Honour for the de•
fence, and 55..1 th it the plaintiff sent to the
defendant's clerk to ask HIM to come and tak
an inventory of the g ird sell them, as hi,
Rife and her trientis wore tikiiig them away, and
he wanted the defendant to sell them for the
rent, as Ile was going to In eak up his home; anti
as the defendant hart been a .zeucl friend to him
fur a long time, wishrd him to have the
money that was din to him. Defendant said he
not want I. bre .k up his home, when plain-
tilt said that he wou.d have nothing for the rent
tine. With that, oefendaut enquired what rent
was due. tie was told £O. Mr. Waton was
then sent for, and the goods were sold, and, as
he should prove, fetched a very good price.
After the sal.. was over plaintiff said to defend-
ant, •• You have taken too much, and I will give
you the benefit of the law.- If his Honour
thought that damages were required, he asked
that he would give but a small amount.
Sarjeaut Wittoo proved that he was instrue.
tea to sell the plaintiff's goods. He advertised
them, and plaintiff askeu him to sell all Ur,
goods, and to give nun the remainder of th.
,nouey aftt r paying the relit end . xpruses. 11,
gtive as his rta.on that he did not live comfort-
anly with uis wife, and that she was continually.
aching portions of the goods. Witness had
erevrously valued the go AS, and appraised thew
at £l2 lUs 61. 'there was a outi sale, and the
furniture realised £l3 Is 5.1.

lbe Judge remarked to witness that it wilE
ii.egal tor only one appraiser to ..aloe. Ibe hie
say s it Sball t,e tw,,, nii4 it uot c,irri, d oat the
~ue IS nabie to an action.

Witness remarked twit when the tanount Ie
under £2O it is usual :0 nave I.llt.lie appraiser.
The Judge I hoo d you it, it aid be Lk-
sal, and way get y; u 1.,t0 iroilbc some day,
lie Juoge, to go b% bis V. ..et, said it was
qii.to ewer to U iou Liu re lied hit I: u illegal dis•
craint, but the evidence for tut. uoleuee had put
a very different complexion upon it. It had tan
:men proved tl.atco piuosu lbw mar riot nitieh
:row it, but that he oi.aeif had given instrtic-
ciuns fur au inventory to be wade el the defend-
out for the purpose of ..takiug him safe for the
reht. 'lhe chino was put in for £9, and there
ans hut £4 Os kW due. .£6 had been paid into
Court, vinich WeS nu eie,ss over the amount of
x. 15s Bd. kie thougut the niaintill was entitled
; o datuage.a for the iliegm distr.:los, and that £2.
~ver and above the .£ll p 'ii into Court, would
tie sutheieut, anti gAve a t.eraiet for that amoull.