Court Of Common Pleas, We...
Sillings in Banco. eMr. ticrgeant t'ELT. moved for a rule to show cause why the de. tendant in this case should not be discharged out of the custody o1 the Sheriffof Worcester, on entering a common appearance. rhE affidavit on which this application was made stated the following facts :-_The defendant is a widow woman, residing at Rock, in the county of Worcester where she possesses a house and garden. On one occasion she solni some of the produce of her garden for 41. 19s. Not receiving the money in the time she had reason to expect, she applied to the plaintiff who is an attorney practising at Kidder- minster, ant] requestea him to write " a lawyer's letter" to the party indebted to her, but not to proceed any farther, as she had not money to go on with a Law-suit. The plaintiff, however, instead of the gentle stimulant of " a lawyer's letter," aptilied a more power- Ful medicine to rouse up the tardy dispositien of his client's debtor. HIe brought his action at law, which went ox to trial, and a ver. liet was given for the debt and costs. Like many others how- tver, who go to expensive law-suits for smnall sumlis, the wldow got uly a verdict. Itclid not appear that the verdict was productive of ts ob ject, for it turned out in a short time afterwards that the plain. iff made ,application to the defendtant for his costs, amoulting to no ess than 901.; and when the widow and her son came to his naM,. respectlng It, ttle attornev wanted her to give him a mortgage on her small property to secure its pavmen'. Upon her refusing this, the plaintiffarrested heron an affidavitofa debt exceeding o01. The poor widowr,not being able toprocurebail for such an amount,went to prison, where she continued until after tho trial of the case at the next M'orcester assizes. On that occasion the plaintiff was nonsuited and now the widow rejoiced, for she anticipated that her imprison. ment would be at an end, and that she should be restored ngain to lay." The plaintiff wa.s defeated in his action, but not conquered in legal tact. l3e laid a detainer on the widow for the debt, with the avowed purpose of moving, in the course of the next ternm, that the nonsuit should be set aside; and at the same time again sent in his former bill of costs. The next term came, and no such mo- tion was made, and the widlow remained up to the prestnt moment in the gaol of Worcester. It was under these circumstances that she sought relief by tie present motion. The COURT expressed considerable indignation at the conduct of the plaintiff, and granted the rule to show caus-, and at the same time ordered it to be stated, in addition to the affidavit, whether the plaintiff was an attorney of that Court; that if he were, the Court might make such fuTther order respecting him as the justice of the cise might require, unless a full and satisfactory answer were given to all the allegations of the defendanets uffidavit. No other case ot any iuterest ranme on. COURT OF COMMON PLEAS. WEDNESDAY. AIAY 19. EMNERY V. BROWNE, WIDO'W.