Common Pleas.
Betorc the Bench.
{"newspaper_name": "The New York herald.", "edition": "01", "page": "p2", "byline": ""}
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MARCH l5.-DIscHARGE PROM THE LrMrs--John NJ
stewart peoned the Court for discharge upon capios
cd safiaeedum, issued by James sharkey for
in suit IN Common Pleas.


The petition was opposed the ground rs that the
statute DID not apply to cases whore the defendant
committed for costs ony second that the petitioner had
not fully set forth HIS estae third that Stewart had now
fed.


D. MAsoR Esq. for the petitioner, answered and admit
ted that the statute did not apply where the judgment
Tor costs, alone but in the case in question: the Jury
gave verdict for damages, and the Judgment had been
entered up for six cents damages and costs" Where
the Judgment therefore, for dameges and costs the
party had his remedy for discharge under the statute
In regard to the petitioners not setting forth aecu
rate account Of his properly nothing appeared before the
Court TO sustain the allegson, and the petitioner ought
to be discharged.


The CouRr held that il would not examine into the
rights Of the parties at the present time manifest
that the petitioner. proceedings were legal. and
no reason why he should not be discharged.


The petitioner was discharged from imprisonment


d. Major for petitioner T. g. Henry Tor respondent.


marine Court.


MARCH To- Caller kresmer-In this case alrepdy
noticed the ury rendered verdict for Sa7 AZ