The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-18
Court Of Common Pieas.

JuLs i6-DEcsios,.-Daniei Randall VS.. Philip Stick
'ey lr-The defendant erected building in the Fourth
yard the gable end of which the line Of plain
s premises The latter caused high fence to be put
Up, which obscured defendants windows. The fenc,
vas bored through by number of augur holes and final
knocked down altogether Il rebuilt, reaching
ven to the Sd and 9TH stories FIRST but the second
ence met with similar fate the FIRST and action OF
respass was brought for damages. After argument a
consult was allowed, wit. lea,e Sc and motion is now
made to set the nonsut aside The Court held that the
defendant would have liable in an action on the
mo- ior tresPass as the offence might have been
m'ted by one Of his when he was not OH the
premises. Motion denied, with costs.
.IPP'egaevs .7de!ine Misr-Paintiiis printer in
ann street.-the defendant celebrated lady of certain
escriPuon who was interested in fash public alton Mr.
ps ssd and no.e against Mrs Miller for $3.50 which
& sueu, ana on inquest judgment obtained by default
the present 10 motion to set the inquest aside il being
commended that negotiation pending at the time BY
Which twas supposed the plaintiff would take$5O week
us counsel was to give notice of refusal but instead OF
NAT ne Went ON and got Judgment taking defendant by
tion that judgment may be entered up as the defendant
a threatened to assign her property get rid of the debt
she wished PLAINTIFF take printing press belonging
sransd but judgment to stand security the costs OF
notion to abide the event.
BEN, Hutchingson vs. Jon Degroot and others-The de.
endant was maker OF note for S473. nomnal,
discounted by Tho. Dusenberry. a coppersmh but in
act by Abraham Mitchell and given to plaintiff who is
icarman The note was originally discounted at per
cent month but twice renewed for Of which renew
lis he paid SIS extra The plea of usury up on
he trial. and the Court charged that well founded
he per cent month he first note, having tainted the
enew ais Still the jury found verdict in favor Of plain
III for the amount Motion then made TO set the
ict aside New trial granted, pay ment Of costs.
Josiah H. .4ndrews VS.. Simon p. Hut.-Ths was AN ac
ION oil replevn, in which judgment given for plain
IN III SIX cents damages and six cents costs and vaung
he goods taken at $780, The costs taxed at S24l
md motion was made to alleged. The court held
hat the defendant is entitled to double costs if he
Dut the plaintiff only equal to the damages
ithey do not exceed $50. The plaintiffs goods were
Valued at $780, and he consequently recovered only CON-
non Pleas costs He RECEIVERS full Supreme Court
Qgp The IN cl
ed, without costs.
Thomas Collin vs. Monmouth d. Rari-Reative to pro-
perty belonging to John II. Collier, which had been lev.
ed upon by the Sheriff New trial granted on payment
pf costs Of former trial and subsequent proceedings.
Ddrd Sissen vs. Richard Cornell and ofhers-This was
an action entered for assault and battery Complaint
made by defendant that not noticed for trial. and
asking judgment for defendant in tho case of nonsuit
Motion granted, with liberty to plaintiff to spulate
pay ment OF costs of motion.