The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-08-23 00:00:00

THURSDAY.

TRESPASS.—OWEN V. BIBBY' AND CO.-Mr. ALEXANDER
and Ilr. CowLANG- appeared for the plaintiff, and Mr. CRESS-
-14ELL and Mr. WIGHTMAM, for the defendant.
This was an action of tresspass brought by, the plaintiff, who
is a hatter, at Prescot, against the defendant, who is the owner
of an ironmonger's shop, next door to the plaintiff. The de-
fendant had broken open a window into the plaintiff's yard, and
white-washed the shutter, which annoyed 'him ; to obviate
which, the' plaintiff erected a stoop with a board at the top to
cover the window. This was continually broken by the de-
fendant, .until :at length the plaintiff built a wall before the
window; on' his own property, which he had a right to do. The
dhfendant had repeatedly thrown down this wall, and it bad as
often been built up
.again, until the plaintiff, finding that it was
of no use bUilding it up, brought-his action for tresspass.
The case occupied the court until. four o'clock in -the after-
noon, and a, great number of witnesses were examined on both
sides as to the original condition of the-defendant's building,
and there was much contradictory evidence. The case was
utterly devoid of public interest.
The jury expressed alwish to retire, and after a short absence
returned with .a verdict for the plaintiff. Damages,'ls.
EVANS V. OKELL AND OTHERS.

Mr. ALi:XiN DER and Mr. WATSON appeared for the
plaintiff and Mr. WIGHTAI AN for the defendants. The plain-
tiff in this ,case is a ship-builder and timber merchant at
Runcorn, and the defendant was also a timber merchant
at the same place, and there were many mercantile transac-
tions between them. Mr. Evans bought timber of Mr.
Okell amounting to various sums of money, and mortgagd
premises worth L7OO. to pay with, £4OO of which' sum Mr.
Okell had till 1833, and then Mr. Okell became tbe sole mort-
gagee of Mr. Evans's property. The parties then had some
difference as to the amount that was due, •Mr. Evans disputing
it. The-parties subsequently agreed to refer the matter in dis-
pute to arbitration and executed an agreement to that effect.
They agreed to refer the matter to. Mr. John Watson, ship-
builder, of Liverpool, and Mr. Henry Steele, timber merchant,
of Liverpool, who were empowered to appoint a third, and ap-
pointed Mr. John Mottershead. These arbitrators awarded
and determined that there 'was owing to William Evans, the
plaintiff, the, sum of £43 9s. 2d.. which was one of the sums
eon& to' be' recovered. The award then ordered that Mr.
Okell should ;pay' on the llth of August, 1834, the sum of £55
12s. Bd. costs. Mr. Okell then died, and the present action was
bronght against his widow and the executors of the deceased,
they denying all knowledge of the agreement the deceased had
entered into and refusing to pay.
Witneises 'were called to prove the agreement to refer, the
arbitration, and- that there were sufficient assets to pay the
amount of the arbitration in the hands of the executors.
The defendants denied that they had any assets but had duly
administered.
The Jury found a verdict for the plaintiff, damages £799 Is,
10d. Setting aside the deed of arbitration. -The Uoutt was
adjourned at half-past six.