New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-17

tirnes being qui1 ran upon the rdewaik oe'ns Vn
descent q. that point that such 'ningi hat
Mr.. c. bad requested M y not 70 Keep y. mo an
had also spoken TO the Health ON yer OF tle Vs.
Mr. Dsly in regard to 1t; and ina, many peo'i ss
iiycersed he Kicked II over as he had riSnt 70 90
NO, onv because n was kept partly opposite ms prem
p.s hut because II was a nuisauce, &c. - -
U,.ss slou.p hat Mr.. G. came Out oil ils store on
soth june and ssid he would u Se Iced cd
sg 20 licked In the head. The bsne was not ieSk
ing al the time; I'm u TsvIor in .o,,rc;,,
Noan,en5ed that under the circumstances Mr. {.
~ ,obt Ia remove the barrel and that the greatest
a,',,,,t of damages if any, that could be charged
sipst him would b. eiyhteen-gehce me value OF the
i1sre COUNSEL for plaintiff, Mr. Baglery; onthe con-
nv conteuded that tue proof showed me barrel 10
- 90, opr,,ei,e the premises OF Mr. S. and he IN
ssd hat even in The event Of its being nuisance
wa n for Sir. Caufed TO take the la" into his Own
lands. and by violence remove ~ but II ne consld-
90 q gror Q lad been committed, II was for him TO
an y u The proper authorities; and even II he had
sht 10 remove it, allowing (which he insisted was not
The easel that the barrel stood partly on Mr. C.'s
pleses be had no right by voleDce, 20 destroy the
nro, erty that trespess had been committed by him
and be is liable In the present suit for damages.
The Court in its decision, held that the placing oil
The barrel on the sidewalk by Mr. SueJcor ADD keeping
it there was violation Of the ordinance against or
structnp the sidewalks the Law providing that GARD.
acc and ashes vessels shall be kept IN the area AMI
that while the Court will not uphold violent measures
on the part of any citizen, yet under
Of this case the barrel being, IS alleged, nuisance,
and he weight Of the testimony sho Sink it TO have
been partly n front Of Mr.. C.s store, MI Z. hao
rio h 10 it. any citizen has rlgat 10 remove
public nuisaI ee; and his utmost liability woad De
| the yaIue of the barrel. But az MIR. .. had Oeen
sroken 10 and knew it was an Inconvenience TO his
nsehbor to have II there 1t was ms duiy nor 10 nave
ulacc1 II where il was and the Court cannot see tha
he ia entitled to any damages whatever. Ine Cour'
also expressed s surprise hat counsel OF such re-
necisbllity that for plaintiff should have brought
suit of spch little apparent merit as the present IN te
Marin Court deeply occupied as 1t Is by important
bnsine.s MIR s. during the trial, reInirke1 al the
conrs el's ta,e that although the matter appeared
small bis object in the suit was TO guard hlnseil
aoarst what he considered despoe and arbitrary acts
on the part OF his neighbor judgment Tor defend
ants with costs.
ALLEGED FALSE mi RTSONMEST.
Sarah Merkle sgt Ernst Sters- - ,
Torecoyer damages amount laid 1T $500, for alleged
fase IMPRISONMENT 10 causing her 10 De aries,ei aud
plaoed in prison where she was kept in cell from 2
o'cio, OF day till o'clock next mornlng. Mr. D. "
apresred hsd lost some watches from his store. III
was ssid that plaintiff had stated that she was DO"
stairs when the watches were stolen Inc ofhcer pesl
fed that be arrested her bis Own vOItiln on sus
picon after MI s. telling him what she had sa'd ana
that Mr. s. although he went With them 10 me PRISON
cid not mGke any charge against her NothhS mp
nearing aeansf her p discharged next morning
le watch were subsequently restored by the persIn
| ,rlo took them judgment for defendant For PLAIN
tiff, Mr.. sharon; for defendant, Mr.. Taylor
COURT Of COMMON PLEAS -Ave. is-srEerAL TrAn.-
| Before Judge DAILY
| DFsERTION FROM 1BE FAMILY AND ENLISTMENT N
TIFF ARMY
| There was quito inquiry, yesterday for wnts OF
| habeas corpus 20 get friends clear from enlistment
Auorg the "A plicans were two iuere sting appearing
| young WON, L. quite well dIossed-the one having
b,en married. We understood, between two and three
| years and having ali infant sixteen months od-,1e
| OTHER also not long married, and having child Eve
months old Their husbands, so far as W. could iearn
had enlisted in the army, thus deserting,' rom some
cause thOse who should have been near end dear 70
item and leaving them uDprOvlded for AM IN power
| ~. The applicants we're recommended TO lawyer TO
draw up u necessary papers. lhe cause Tor tne Gu
Gstu.nt will probably &c intoxchtion, and if they can
cone aly way lear 10 II in the proof, Uncle sam VIII
probaby make little opposition to the discharge
not caring in thee piping times of peace, when sol
ders arr abundant TO retain. as we have understood
married men-and also, perhaps tbnking-Out tha
of course, is merely surmlse-ihat maa WAC wo9lu
desert his wife child would be apt to deseri hs
post-a Kind of folks that by no manner oil means
| will answer for Uncle Sam.
Another was that of father and mother, very gen.
ey G!geeGg people 10 gs' s ce SCn T Ss m@rS
! oblig atOns. These were also recommended 20 Apply
to council.
John II. and p. J. HOgernan agt. Max Westhan. =
On boz d. We believe in replevin, where the de-
ant alleges he had mstak tho nature OF the IN
stuno,t he had signed and also cOntendIlg That he
( Iod moi received 10 ice OF suii. Motion - made for
new trial Mo'ion praned so far as 70 allow defend
ant o come in and defend, upon payment oil SIo COS
of molten and the costs of entering w the judgment,
and upon sewing on answer thin five days from the
service Of this order-he judgment 10 stand as sc u
rty.
limited STATES DISTRICT ATTORNEYS OFFICE.
AUGUST Is.
ENGAGING MEN FOR THE BRITISH ARMY.
joseph Wagner, n German SAID To be a baker IN
Broome-st, was arrested charge of the above as
related 10 two men, and conveying them to Boston
thence TO be sent to Halifax. Tre two men have bel
seut on from Boston as witnesses against him. lie
was held TO bail in 81 900 being $500 for each