The Sun.
London, England, 1806-02-07 00:00:00

DIXON' V. ALLEN.

This was a Rule to shew cause why there should'
not be 'a new Trial on the
_ground of excessive da-
mhges. The Plaintiff, General Dixon, was at Har-
rowgate last siimaier ; and certain Bankers in this
town having a large demand on a Gentleman. of the "
name of Dixon, of Antony-Hill, near Harrowgate;'
instructed then; Attorney in town to sue out a Writ
against Mr. Dixon. • Accordingly a Writ was 'sent
by the Attorney in London 0 Mr. J. Moseley Allen,‘
the person who received. judgment yesterday, toge-
ther with a description of the person of the Defend-
ant ; desiring- Mr. Allen to use a4l diligence to pro-
cure a caption of the Defendant, Mr. Dixon. Ma-
jor-General Dixon, lately returned from India, hap-:
pened at this time to have arrived at Harrowgate,
and had taken up his abide at an inn there; and he
was considered to answer the description of the De-
fendant, Mr. of Antony-Bill. The Attorney
in the country (who was the Defendant in this
action) waited On the General, and asked him if
his -name was Dixon ? which he answered in the
affirmative-; upon which the Attorney caused the
Bailiff to arrest the General, who immediately de-
clared who he was. He was, obliged, however, to
give a bail-bond for his appearance ; and eleven days
dared before the matter was settled; foruntil then
the parties .did not discover, or were nut satisfied of
their mistake.
Upon this, the General brought his a&ion for false
imprisonment. The cause was tried at York, at the
last .Assizes,; and a- Special Jury of the County
found a verdiEt for the Plaintiff, Damages 2001.
which the Learned Judge before whom the cause
was tried, reported to be, in his opinion, excessii.l.:'
and upfati this the Motion for. a new Trial was
grondcfa,
. _

- PAIM, With. great. ability, sheaved cause
against the Rule. I-hi obserVed, amongst other
topics, that the rule, laid.down, in, his opinion, Inost
correaly by his Lordship, some time ago, was this :
Upon the question of excessive damages—" If it
appeared from the amount .of the damages, as corn,
pared with,
.the. fads before the Jury, that they
must haVe_aaed under some undue motive, or from
"some,gross error or misconception of the subjeEt,
the Court would grant a new trial; otherwise it
would not." Nothing of thislind happened in this
case. Hehad opened, it for the Plaintiff so mode-.
rately, that nothing -was said by him to influence
the minds of the Jury. He had followed that
course of moderation which he should always pur-
sue, and if he abandoned itlre should be unworthy
of the gown he wore. Indeed, he happened on that
occasion to have been so unwell, that he expeaed
that evening to be the last of his existence; in this
world. Under these circumstances, a Special Jury
of the County of York judged of, this question,
which surely was a question of feeling peculiarly
within their province, and gave a verdict of -2001, in
favour of General Dixon, who had. thus been insult-
ed: There was no excuse fbr this, fir the parties
were assured by Lord BAllaven, that the -.person
they arrested was not Mr. of Antony-hill,
he knowing-that Gentleman.
The Court observed; that this was a mere mis-
take which any person might fall into ; that no in-
sult was intended towards General Dixon—no in-
jury to his charader ; ,tor hewgs not supposed to be
unable, or unwilling, to pay his debts ; but another
person of that name had been subjeeted to that im-
putation—no detention of the General's person; for
although the matter was not settled.for eleven days
after the arrest, he was not -in custody for an hour,
he having given a bail-bond ; and probably became
to Harrowgate for the benefit 91 the waters. Be-
yond the expence out of pocket, he ceght not to
expert a verdid, but (Right to instruCt his Solicitor
to discharge the a&ion,, upon having that.expence
defrayed, unless be meant, to carry this case to mar-
,et. None of the Gentlemen of this Special Jury
could have served .as Sheriffs—if they had, they
would have been ready to make more allOwance for
a mistake like this ; the which, if visited in this se-
vere manner, would be a great impediment to the
administration of justiee. If the General \should not
be content with having the costs -out of pocket in`
this case, the Rule must be absolute fara new trial ;
and Mr. Palm would be so good as to obtain from
his Client, and communicate to the Court. informa-

tion upon that subject before the end of the Tenn ;
until which the consideration of costs should be re-

served.

On Saturday se'noight the .shop of Messrs. T. and
"i. ljerry, linen-drapers, Lord-street, Liverpool', was'
rake open, and'tobbed of nine bole's of lace, to the
•le of near4oo6l. with -which the got clear