The New York herald., 1869-06-24
CITY cOy1T.
on the Liuits-Aciion to Recover Damages.
Before Jndpe THOMPSON.

Before Judge Thompson.
Patrick Campbell, Sheriff. rs Zdchartah COleH.da
w. s. TO,ri1Se7td ana DOdTict SrduS-This action
was brought 10 recover the OF 81 236 alleged 10y
the plaintiff 10 be due HIM under the following cir.
cunisiances:-ln 1864 Albert ID. Penevet and Etienne
Laurent recovered judgment against the defend
ant Coleman, for t75s 81, on an action for fraud
He was held 10 bail at the commencementsof the ac-
ton and on the rendition or the Judgment return
OF execution was made showing that no property
could Oe found TO satisfy tue Judgment. An execu-
uon was then issued against the BODY OF defendant
anu tue then sheriff, John McNalnee arrested him on
that execution and be gave bai. and was put the
limits. The defendants, Townsend and straus, signed
bond az surees ana he was then discharged on the
lm.ts and .terwsrds at the expiration OF John Nc
Namee's tern of once the DOnd and prisoner were
assigned 10 the present sheriff Patrick Campbell
In June, ls6s, Coleman, In violation OF his Dond
Went out OF the limits 10 New YORK, and was in the
haJlt OF going there. Penevet having IN the mean
time died, Laurent, the survivor and owner OF the
judgment, brought an action against the present
Snerf Tor The escape OF the prisoner and the
veil OF The Judgment OF sl,205 %. The sureties OF
TIE bonl were notified OF this act0n, and the Sheriff
bf inrir direction defended lt, but unsuccessully
and the present acton was brought on the bond
a-alnst tnen, 10 recover the amount which had
been recovered against the snerr.
Inc lury gave "A verdict for 81 23o, the full amount
claimed 10 lavor OF tue sheriff.
q, tor ihe sherin, Judge Troy; for defendants, Mr.,
Townsend.
Decisions.
McfGt rs. MOfdt.-MOtion denied.
JofU ~. hfWcJH a.. J0cOO EttOs.-Nerdict set
IL.
Mo.iOn TO set Aside N Judgment Of $4,000
Granted.
B0if3' - a. rS. RemiHgtOH.--This was a motion
made by the defendant to vacate and set aside a
judgment ana for new trial in an action brought by
the piantifrs, Baker and Montague against Charles
". Remington 10 recover aoout $4,000 damages
alleged TO have been sustained by the plaintiffs In
The sale OF ceran -four TO one Fritz on the faith OF
certain alleged false representations OF the defendant
a. 10 the means and property of Fritz The action
Was led ~ october, 1865 and after three DAYS con-
sunled IN the trial resulted IN a verdict and iudR-
nent against the defendant for $4,000.
The only testimony given on the trial a. 10 the
alleged representations was that OF the plaintln,
Montague and related TO single interview bet yeen
himself and defendant. at which the Representations
were alleged TO have been made, and which were
ratly denied by the defendant. Subsequent to the
trial IN May last, this motion was made
on tue ground that the judgment was pro.
cured by the plaintiffs by fraud and false test.
mOny on their part-the testimony OF the plaintir
Montague given at the trial, being false and
untrue as 70 the vital points involved, and
~ admitted by him since the recovery OF
judgment. The principal evidence on which
the motion was founded was the deposition OF the
plaintin Montague, made by him since the trial, In
which he testified TO state OF facts totally incon-
slstent with those sworn To by him on the trial.
Notion granted and judgment set aside.
q. r.. Jenks and g. Il. Thompson for plalntins
Judge J. X. Porter and ID. j. Noyes Tor defendant.