New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-09-16

Edward Neville sgt VIM Wall
Plaintiff Is proprietor Of the klngs County Hotel,
opposite Peckslip Ferry, at Willisnlsburgh. lie was
fined and imprisoned for alleged violations of the law
Of the Legislature of 1851 against keeping open bar
rooms. &c, on Sunday. He continued TO keep open
Notwithstanding being fined, &c, and the penalty
again and again, we believe repeated, was ordered 10
be enforced against him. Considerable litigation in
regard to the matter has been already had in Kings
County.
The present is an action brought in this Court
against Mr.. Wall, the Mayor, in bis individual ca
pscy TO recover $500 damages for alleged false i'm
Irisonment. Mr. Wall having been served with pro-
The complaint alleges that on the 18th July, 1854,
at Nilamsburgh, the said defendant falsely, mali
c;ously wantonly wickedly and with the intent TO
ipiure the plaintiff in bis business and credit and
without any Just probable cause caused and pro-
cured and commanded the plaintiff to be falsely ar
rested seized and taken by his body by ore -
Donovan, who wGs specially employed by the said
defendant so to do; and the said plaintiff being 50
falsely arrested, compelled to 90 from his dwelling
house through divers streets 10 the office OF the de-
endant in said Wiliamsburgh, and so held in custody
ae aI st bis will for two hours.
The complainant further states that on the 80 ne a.
ternoon he was again arrested by the said Donovan
and carried through several streets 10 the county jail
in Brooklyn, where he was imprisoned and detained
fer ten hour to the injury Of his business and against
bis will &c. and put 10 expense Of so for counsel
and other expenses besides $40 fine, which he was
compelled to pay.
The plaintiff alleges similar proceedings against
him on the 18th July, the succeeding week having
been arrested By Mr. Donovan and conveyed in the
forenoon TO the Office of defendant and in the after
noon to the Kings County prison, and detained and
nut 10 expense in q similar manner.
He claims, as already stated, damages in the
amount OF $500.
Motion was made yesterday by Mr.. Dean lCorpo-
ration Counsel Of WnIansburghl that the complaint
be Dismissed on tie ground that this Court has not
jurisdiction Of the care. the said act complained OF
having been performed by Mr. Wall by virtue Of his
Office under the lex Of Mayor Of the City OF VIII
lismsburgh: and this Court under the l24th section
OF the Code which provides
that ary suit sg.lst public ofcer person specially a2
td 70 execute hs daty done b. him IN virtue
a. b ce AGAINST tuy person who BY his command o. IN
his AID shall DO anything teaching the duties OF said once
must be ied the county where the cause OF Soe PAE1
thereof. arose
rlaip; should be dismissed.
TIE motion was opposed by Mr.. Cook, who con,
tended that having found the defendant In the Cry OF
New-York, they had a right to sue him. and II he mas
a good defense he must set il up IN his answer snu
proof on both sides produced.
Mr. Dean replied, suggesting that Judge or any
other judicial officer were the principle CONTENDER
Tor allowed would be subject at all times 10 arresf
on complaints Of alleged false imprisonment &c, OF
t-oing on. of his county. Decision reserved.
COURT cALENDAR-THrs DAY .,
CoxNoS PLEAs-Nos. l,0S7, l,O-s, Live, III
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