Court Of King's Bench, We...
This was an action for maliciously causing the plaintiff to be ar. reste;d and held to bail for 231. At the trial before the Lord Chief Justice at Qujidhall, it appeared that there were nmutual accounts hetween the patties, and that on the balance Austin was indebted to Debnarn in a sum rather exceeding S]. A dispute arose between them; and Austin, to prevent any ill consequences, tendered 201., which Debnam refused to receive, as there vas not so much due. After this Austin arrested Debnamn for 231., anti thus compeledl tim tO give bail; but proceedings v/cre subsequently stayed on a Judge's order, upon paymnent of the balance really lue, and cosits. The Jury found a verdict for thec plaintiffl damnages 51.; but a rule was obtained fbr enlterinig a nonsuit, on the ground that a party might arrest upon one side ot' an account, and that in this istance the for- nter suit had not been couducted to a legal teniiination. Against this rule .llr. SCARL.ETrT ani AlIr. A ciraor.l now showed cause; urging, oni the tirst ground, that it would be inon- str.ms to ailow a debtor to arrest a creditor, as he might, if a part1 coold lawfully arrest on one sidle of an account;, and, on the secont, that the order of the Jutlge effectually put an etiti to the action. ilr. GURn,, Y antI AIr. Ctrz'r'ry, on the principal question, ar. guied thialt, as the right to set off one claimim against anotier (lid not exist at comnnion law, and as a detendant was not obliged to avail l,hisell'of ItS heneit, a plaintifflmight arrest for its whole dematit(. Thie COrRT held, that in this ?55e, wlhere there were not only cross-demnands, but admissions that the balance constituted the debt, there was no reasonable ground oftarrest ; and regarding the ordter aIs a sufficient termination ot the suit, they sttpported the verdict amid tdischarged the rule. The l,otni CUrEr JuTST'rC sat at .'isi Pii#x at one o'clocl;, but ino case ocmntt red o:' public interest. COURT OF KING'S B1ENCH. WESTMIMSTER. JUmE 28. AUSTUJ' V. n-l'PVAAf.