The Sun.
London, England, 1845-11-10 00:00:00

EXCHEQUER.-(THIS DAY.)
HILL H. HASWELL.

This was an action on a case fur an assault and false imprison.
merit, to which the defendant having pleaded not guilty and justi.
Station, the case was tried at nisi prius before Mr. Baron Platt,
on Tuesday last, and *verdict returned for the plaintiff, with 1501.
damages.
Mr. JERI is now moved either for a new trial or a rule to show
p'aintiff attended at the vestry, and
cause why the damages should not be reduced. The facts of the
case were simply these. The plaintiff was a parishioner of the
table with the intention of reach.
joint parishes of St. Bennet, Gracechurch.street, and St. Leonard's,
Eastcheap, and the defendant was the churchwarden of the same
dpaerrnisahn;deda sth7steetitmheeargaotet.bhoeok, and on his receiving a flat refusal,
given into custody. The plain-
Mayor, who determined upon
binding the plaintiff over in ihnegptuhtehbiosoakr.inTahcerodefethnedavnets,trwyho observed this proceeding, imme.
diately seised him, and the result was that a scuffle ensued, a police.
plaintiff being unable
to procure the bail immediately, he was conducted
to the COmpter, and there confined from the Satur-
day night till the Monday morning. Eventually
the case
ex-
ceedinglyofficersteiffn winagsca ttiha:hkdeec aatil v: cane
tadolm before
thetahg tee'hsee,:: plaintiff
. d:
r) , and the
came on for trial at, the London sessions, when it was clearly
proved that no assault had been committed on the defendant, and
of course the plaintiff was discharged in respect of the defendant's
case, but he was convicted of an assault on the vestry clerk, who
prosecuted jointly with the defendant and another. The plaiiiiiff
,i
i ,
therefore brought his action for the false imprisonment, and ob.
ttiirreduced
will
taker a
new trial had.
o
reasonable damages the C
tained.a verdict for 1501., and the Learned Counsel now moved on
behalf of the defendant
that.od, Court
, themt : l
Lord,he r
damage.,
I t, staotet the
p beein
no more of the case.
Sir FitmuEsicg POLLOCK—Take a rule to show cause.
Mr. JERVIS—VerY

THIS DAY.
COMMON PLEAS.-(
(Sittings in Banco.)
STILES V. MEEK.

In this case, which was originally an action for excessive dis-
traint, tried under the Interpleader Act,
Mr. Sergeant Evuss moved for a rule under the Act of the 7th
of William IV. and let Victoria, cap. 53, io show cause why the
sheriff should not be adjudged guilty of contempt, and ordered to
pay the costs.
Their LORDSHIPS, after a short consultation, granted a rule to
show cause why it should not be referred to the Master, to inquire
and report whether the sheriff Was in contempt, and liable to pay.
merit of costs.
Their Lordships rose at eleven o'clock, and the Court adjourned
to half.past one, when the Lord Mayor presented himself with the
usual ceremonial.

BANKRUPTCY. _(THIS DAY.)
(Before Mr. Commissioner EVANS.)

IN RE CHAMBERS V. CHAMEE-R5-EXPARTS HICKS IN RE EXECUTORS

OF a. El.wes, us 4.
To.day was appointed for a dividend under the estate of these
bankrupts, who were formerly bankers in Bond-street.
Mr. Geoitaz LAW appeared on hehalf of the Rev. Wm. Hicks
one of the executors of G. Elwes, Esq., for leave to withdraw a
proof of 13,0001. against the estate of C. J. Chambers, and prove
for the amount against the joint estate.
The Learned CommissioNza said the claimant had made his
,
election as to which estate to prove against.
Mr. LAW raid he had elected the estate beat for himself, which
was at that time the separate estate, but in August last Mr. Com-
missioner Holroyd decided that several large estates, then supposed
to belong to the private estate
belonged to the joint estate. It
had been decided by Lord Thurlovr, Lord Eldon, and Lord Hard-
wick, that a creditor might have his proof removed from one
estate to the other, where the circumstances of the property had
changed, and it had been held even that a creditor 1,4i10 had ac-
tually received a dividend might refund it, and prove against the
other estate." -His application did not go so far as that, as there
had not been any dividend.
The Learned Costßtssiottga said that although he had some
be done, as a part
doubts on the point, yet he could not go against such authority;
but it was clear, if the principle was admitted, great inkistice might
assignees chosen on that, and afterwards prove against another.
Y might prove on one estate, and get his own
The Souceroa to the assignees said they were acting as trustees
to both sets of creditors, and had only to bow to the decision of the
Court.

The proof was withdrawn from the separate estate. Several
proofs were admitted, and the amount of the dividend will be de.
clared in a few days.

MARLBRO'-
STREET-(THIS DAY.)
Henry Perkins, a person of very fashionable appearance,
who was described on the police charge-sheet as residing at
No. 70, in the Quadrant, was placed at the bar, charged with
violently assaulting a gentleman named Pray.
Mr. Prendergast, the counsel, attended on behalf of the
defendant.

Mr. Pray was stated to be unable to attend in consequence
of the injure he had sustained. Two professional certificates
relative to lis state of health were handed to Mr. Maltby.
Robert Sutcliffe,
Porter, and one of the constables of
the Quadrant, stated, that about half-past five o'clock
yesterday afternoon, he saw the defendant striking Mr.
Pray with great violence over the head with a walking-
stick. He was beating him ina most unmerciful man.:er.
Mr. Pray seemed to b.l trying to get away from him. Wit-
ness got between them, and took the defendant into custody.
Mr. Pray had a cut, about an inch and a half long, on the
side of his head, and was bleeding.
Bygr.ereaglerguat....Did not co tho cousneuccalcut of