The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-27
AN ALLEGED CONSPIRACY CASE.

Opening Up an Old Suit-Ccci,ia Kerr,
Knowing Her Rights, Dnres Maintain
Them.
The session OF the Supreme Court, General Term,
was Yesterday in great part occupied in hear
ing arguments of counsel in the revival
of the case OF Cecilia Kerr, VINO sued
Messrs Edwin Wilson, John Dunne James
y. Bennett and Edwin W. stoughton for an
alleged conspiracy, which resulted in ner conine-
ment for q few DAYS in the Utica Lunatic Asylum
and subsequently in the Tombs and on Blackwel's
Island on an appeal from the decision against her
by Judge Cardozo.
FACTS OF THE CASE.
me an the the our Of h
Pleas against all the plaintiffs, except plann6 sew
her, caused her. alleged be falsely IMPRISONED in
loar,ssn days again The following Novemher IN the
d0m Rd IN TINS CITY, and in the common jail
discontinued May defendant asserts u p
sS$a
sestnasnss he alleges s% Ised g
II June she Ss Sun,S q Sns, @ il
the e0U s
s the s and ct a s x
ss the sae of he Of Ing 1G BED
the parties Ri prior to the nm s
her Of and The dsivry tIe% in nc
s; sS:: S3sssss
which there was no s temp to prove and de
scaoa them any acton rsisTsed
state or Of The United states The deiendant DENIES
every material alteration IN the complaint except the
action trial in April $50 before Justice Car
re Siaas saSmslsa jassies upon !Ss
long
e hs g
'oiaw, and upon This judgmsnt enoinns The defend
% BY ri ns " BY r.
& ase and
ARGUMENT FOR APPELLANT.
sssns nas
sd he cmed the WITH
Sompe,e and perfect defence any action which the
Courts chancery had .ied to exercise row
9en
The is
n.Sy = on a 1S s
81 1 ss
a% ' ana Ssnes eS' % blends os s nSss
cases would an inncSn now Be granted
actions whc6 the defendant Brought or any which
she might bring be as
has determined he urged further that there
no finding or proof In this case that the defendant
the plaintiffs that the threats her part is
the least give this Court any jurisdic-
ton over her. that the most which could be presumed
against her would be that she intended bringing such
other actions; that intent without any
not wrong that any Court redress These, with
other onts advanced by him. he contended were suhi
Gent to have the Judgment OF Injunction reversed
. ARGUMENT FOR THE RESPONDENTS
Mr.. O'C0nor proceeded 10 reply. His first point was
that he exceptions are SO general and deante
IL sa' w hSsy e no cSu has Of aT it
OF facts. His second point that irrespective
show OF great vexation. Twice. the same pre-
else Mrs Kerr prosecuted the parties; and aiier
they had been put to all the trouble and expense incl
dent to full defence she retired from the prosecution
when this defensive action was commenced she had an
nounced an intention to renew her proceedings in some
other form: She offered no excuse Tor this yexatious
equitable discretion to allow the plaintiffs, once for all
to establish the validity their release and end to
ner vexanous proceedings His third point was that
ally color OF right which had, however, been ex-
nguished by full satisfaction and release, could con-
tnue to bring actions all The world whenever, by
the local jurisdiction The difficulty Of giving bail
Would make saes
grievance 'sn His ourtk pona was that 'sit i
strain such practices 1t is impossible to curb black
mailing litigation except by an Injunction operating
directly the person OF the backmaler This and this
litgous neighbors which will adequately protect him
his necessary journeys INFO other States and
In closing counsel contendeJ that the enforce
ment OF agreements Is an established head OF equity
Jurisdiction. and release Is an implied agreement
not to sue for the same cause.