, 1864-06-12
THE IMKES-RoSS CASE.
More Ltigatlon--A Bill Filed In the Circuit
Court to E1joln the Sheriff.

The case Of Adam G. lines vs VIM. Raas and
John Ross is ngain In full blast before the public
In tbs shape OF chancerY proceeding on the part
Of the defendants to avert the realizing by the
plaintiff Of the damages and costs awarded In the
The readers Of the TRIBUNE are aware that the
snit Of "lnnes We. the Rosses" WAS one for mall
eions prosecution. The action WAS brought By the
plaintiff On December 31st. 1853, under the follow
Ing ei1cumEtances. lnnes Was q cashier ia the
employ OF the defendants, and eaEly In December,
would not require bis services after the 1st OF jan
uary following At that time there was balance
Of $166 due to !nnes which be took and debltea to
cnstomea to do. The Rosses, however. clainaed
that 1nnes was to pay the debt Of q brother who
was doing business at Quincy, and they
anoant; !; Witch ~-"' :: repudIatod a Upon Jon
thisthe RoRses arrested Iunes, for embezz1ement,
In taking the s166. BE was taken before Justice,
charged from arrest Innes then brought his action
for malicious prosecution In the Superior Court,
where she case WAS tried four times before Jury.
A. ts{ss trial. The jury gaze verdict for the p!s!n
for $500, on the second trial for 5000. on the
third hearing the jury failed to agree, and on the
io9,s Yt1a I'd of .si rts ,se dg.a oF
and was reversed. ths case being sent back for
an arpeal from the last judgment Of $4,000 was
heard, and the decision Of the Court below af-
drmed.
prosecution Of lines WAS founded In malice, and
the testimony Of expressed malice was abnndant: !:
and although the Superior Court granted a new
trial atter the fret verdict ostensibly upon wrong
dsmsee a. were thought 10 be exseseise; ret when
amotion for new tHal upon the last verdict wa
made. It WAS oyeIraled BY the court; land Chic!
Justice John II Wilson. who delivered the opin-
Ion, said that b. had carefully examined the test1
mony n The case and though: that IN view Of al
the Circumstances attending ths original prosecu-
tion for embezz1enens,a as shown by the testimony,
the verdict for $40 o!N was not excessive.
be levied from the Superior Csurt npon tho prop:
erty Of the Rosees. to satlsiy tho Judgment Of
$4,000. interests and costs amounting to SO 500.
The Rosses now file o bill in the Circuit Court.
in thancery, enjoinins the Sheriff nom com.
tou1t. The bili alleges that ono Adam
he'y he ea.e Sns and sAe bas ths sgdsns l.
gave was untrue: that the same Adam Murray
is interested in the suit and was helping to
ccute II for his own benefit at the time he gave hla
per.on. nt the Superior Court to become Jurors II
Judgment.
The Rosees have pereIstenty lltscated this Gaze
for four yehrs and after the na1 judgment Was Oh
tniucd in the Supreme Court, are going to tht
Circuit Court to proong the litigation. Assoon a
Judge Williams, who is now ut Waukegau, re
turns motion fos - dismissal L! 81 t6s in]qnedo1
legged IN the bill, will be made, and hearing al
once obtained.
The aunonncemeut IN our co]umns Of Saturday
that the store Of kose Gosssge had been takek
levy IVES stopped By the INDUCTION above refe1ret
to. We deefo it our duty to Mr. Go1sage to 81,
that be 1s no party to the suit, being subsequen
partner Of Mi. Boss. The bRsiness Of the hou1e i
tnohNfY,rfP6