The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-06-17
Price Two Cents.
Circuit Court.


Jurn I6.-O. H. Plat, George W Niles and John
sRice.-This was an actiou of trespass brought by
yclent to damages causing levy 10 be made
upon the property OF the plaintiff II appeared that in
canal boat and therefore common carrier. Came
to this city with cargo of -four which claimed by
the defendant Rice, who also contended that he
sened to damages for injuries done to said -four in
consequence of careless and fraudulent conduct on the
part Of the captain II appeared the defendant Niles,
las Attorney for Rice, then writ to be issued
om the Court OF Common Pleas for the arrest Of Blake
Sy obtained an order to hold to bail with said writ
and order the defendants had Blakely arrested Rice il
appeared, being specially deputcd the premises
and he was thereupon lodged in Eldrdge street prison
The case was tried in 1912 when plaintiff obtained yer-
ior 80 damages which entitled defendant judgment
costs Judgment was subsequently, up against
deendant Rice for S347 So being the balance Of
Rcosts after deductng the $500 verdict On Bakeys dis
charge appeared he brought suit against Rice in the
verdict q sass npon Mhich ud9
ment was entered which, including costs amounted 10
: the of $3.50. After these two judgments had
been entered Rice by his Attorney, Mr. Niles moved
4for new trial Of the cause tried in the Pleas which was
sdened with 81 costs of opposing Subsequently.
Blakey it appeared went to the Office Of the defendant
Niles, and executed release in favor Of Rice for the
judgments in question. well all claims arising
the suits as was alleged receiving for said
about $780, the consideration of $780, and gold watch
Mr. Plat then issued precept for the 81 costs Of OPP
posing the motion for trial, which awarded
him in the Common Pleas and the preccp was ade re-
turnabe in January isa In April the said pIecept
having passed got out Of date and became therefore,
invalid in law lice, appear ed; however arrested
covering he had authority to arrest. Rice here.
upon brought suit in the Marine Court against t. the
atorney to damages for the false imprisonment
Yin making the last arrest. The suit was abandoned ON
ahe part OF defendant the supposed ground Of
jurisdiction Niles however carried on the suit and
acovered verdict for 500 damages and Rice it
appeared took the oath Of danger
ton on the judgment and put it into the hands Of
shall The officer hereupon proceeded to Patt's Office
and levied upon law books belonging to the plaintiff and
advertised them for SALE The brought up the
aSuperior Court by ceora,i VIXEN judgment recoy
ered The cause was set down for argument when the
&painf in error not present, and defendant took
Judgment by default and Niles proceeded with his order
Sfor the judgment in the Marine Court and $l00
/ which the defendant in error obliged to pay
into court before he could take the ctrorar The
subsequently restored to the calendar notion
3and the judgment in the Marine Court set aside
3the ground that said had Jurisdiction II
the trial by several witnesses that the plaintiff
His of considerable property and abundanty able
ITO meet all his responsibilities and said plaintiff
seeks to the ground that the Marine Court
5having jurisdiction in the all the parties engaged
Gin the prosecution to be held trespassers It
also contended that the plaintiff Mr. Plat being good
circumstances the alleged unnecessary haste taking
the oath of danger and the subsequent proceedings ag
Igravae the and indicate malicious motives the
part Of the defendants.
/ Verdict this forenoon.