Star.
London, England, 1826-01-12 00:00:00

LAW REPORT.

COURT OF KING'S BENCH, WESTMINSTER, Jim 11.
MURPHY T. MACKLIN.
This was an action of trover to recover back certain
article., which were se zed in execu ion by the defend.
ant under an excessive distress. The plaintiff is a boot-
maker, and resided at the time in question in Denman k-
court, Strand. The defendant is a broker and •aticti.neer,
and acted on the p.m of another broker, named Daniels.
in levying the distress, the latter having been employed
by the l•ndlord to do so, there being the sum of 81.
due to him for rent. Daniels, it apreared, was ill
at the time, and died shortly after. The landlord,
whose name is Freeland, gave positive orders to seize
ev, ry article on the premises, and leave nothing what-
ever be' ind.
Mr. SCARLETT, in stating the case to the Jury, said,
that such wax the rigour with which the defendant pro-
ceeded in the execution of his.cluty, that he not only
rook away the children's clothes, but even the sauce.
pan coataining the potatoes that were to be boiled for
their food.
The plaintiff's son, a very intelligent little boy, de.
scribed minutely the articles that were sold, as also those
that were not. The produce of the sale amounted to
1 11. IBs, and one of the plaintiff's witnesses estimated
the while value of the goods seized at between 201. and
;01. Among the articles not sold, or accounted for,
s was a pictnee, or rather a piece of needle-work, which
the plaintiff's wife ptized very highly, as it had been
executed by a Lady v. ith'whom she had formerly lived
as servant, and she was' most anxious to get it back;
but this, with several other articles, could not be ob
untied, though the amount of the sale exceeded that
for which the distress had been levied.
The d: fence set up wa4, that all the articles seized
were sold, with the exception of a poker aril a pair of
tongs, which were returced. The plaintiff's receipt for
the balance of 4s. and also for the poker and tongs,
were likewise produced, and Freeland, the landlord,
being called, said he thought he had behaved to the
Plaintiff with great kverty (lenity) in the whole business.
Mr. ScAnuezz, in his reply, contended that the
plaintiff had given the receipt in utter ignorance of
the circumstances of the sale, and that the mode of
obtaining it by the defendant was nothing but a fraud.
The Learned Counsel then animadverted in strong
termscin the severity with which the plaintiff had been
treated, and said, that the Jury should estimate the
value of ti:e unsold articles at a liberal' amount, con-
sidering the difficulty which a pour working bo
maker must have ha.! in getting them together. They
might allow a specific sum for the picture, which sum
the plaintiff would return in the event of the picture
being rost.,red.
'the Lone CHIEF JUSTICE said, the plaintiff's case
was clearly made out, and the Jury might adopt the
suggestion of the Learned Counsel re‘petting the picture.
Verdict for the plaintiff—Damages, 131. allowing five pounds
fur the picture.

SCALES V. HADSON AND 11 I 111).
This was an action to recover compensation from the
defendants, for damage done the plaintiff's cattle, by
certain noxious matter thrown by them into a stream
s hich communicated with certain ponds in the plain-
tiff s grounds.
The parties to this action occupied lands contiguous
to each other in the neighbourhood of Old Furd, Strat-
ford le-Bow. Their grounds were watered by a com-
mon stream, which, alter passing through the de-
fendants brick-field, discharged itself through a field
of the plaintiff into his fieh-pond. The cause of coo.
plaint arose from the defendants having permitted
quantity of the residuum of gas matter ill be shot in a
pit which adjoined the stream, and which was alleged
to have poisoned the water. As to damage, theplaintirs
son proved that a quantity of fists. which he valued at
1.51. or tl.Ol. dieJ, and that the plaintiff was obliged to
remove his caul.- into a mown grass field at consider•
able disadvantage.
Fur the defence, an attempt was made to show at the aeliees
matter might have been emerged in the WWII is the smug td
some other persons.
The cause was proceeding in when •
The Loma Cour Jessica interfered, and suggested that die
amount of damage might be better inquired out than in Court.
This suggestion was acceded to, and a verdict for nominal Is.
map*, subject to a reference, was taken for the plaintiff.
MERCED V. LEACH.
The plaintiff is an attorney, and the action was
br( ught to recover the balance due on his bill. for de-
fending three actions brought against the defendant by
Olive Princess of Cumberland.
Mr. SCARLETT, kr the plaintiff, having called wit-
nesses to prove that the work, had been done, and the
plaintiff's bill of costs duly delivered, the Jury, there
being no defence, immediately, under his Lordship's
direction, returned a verdict for the plaintiff.—Damages
38/. 19s. 10d.