York Assizes, Friday, Mar...
There was nothing important on the criminal side. CIVIL SIDE.-ACTION OF TRESPASS-DLANED V. fDOIISOX. The defendannwas in the habit of coursiug on ihe plaintiff's geund, which became so disagreeable to him, that he had a notice served on the defendant to desist. Evidence was given of his having entered the plaintiff's lands after this notice, and killing a hare tbereon. Verdict. is. damages. MIr. Justice BAYLEY saQ he felt it imperative en him to certify for the costS in this action. STEER V. UVWXN. Mr. BnouGuIm stated the case. This was an action for timber sold and delivered, amountina in value to 801. 5s. 3d. 1IMr. SCARL ;TT, for the defendant, admittcd the delivery and value of the timber, as claimed by the plaintiff, Hie was, however, instructed to state the fiollowing facts, which he bad no doubt hie should prove to the satisfaction of the jury :-After the timber wai delivered, the plaintiff came to the defendant, and said he hlad a large bill to pay, and requested paym.nt of the account. The defendant brought him gp to his room, and gave him in notes and soyereigns 721., and for whicb the defendant required ILr. Steer to acknowledge reeeipt of, at the bottom of the bill, as so nmuch on account. Mr. Steer said, " I am an old man, do you write the words 'received 721,' and 1 will sign it:" the defendant did so, and Stcer wrote his namae under those words. He put the bill in his waistcoat pocket, and in a few days after a demand was made on him for the balance 81. 5s. 3d. The defendant mislaid the bill, and told the plainti'he did not recollect the exact amount, but as soon as he should find the bill; he would send the payment. The bill could Hot begliscovered, and the plaindiff su po.ng it could not be produced, and was in all probability lost, he deuantted the whole aamount, as if no money had been received by him from the defend- ant. By some good fortune the defendant's wife, Ats. Uutwin, recol- lected thepapermighthave beenin some of the clothes her hus- band,wore, and she discovered it in his waistceat pocket; the de- fendant did not ap.rise Mr. Steer of this fact, but made a legal ~inrof tbe fair ~balance he owed the plain~tiff, 11. 5s. 3d. * The b-ll ad receipt'ai put in and proved, as stated by. Mr. L~. A13.Ftice BAYIXsY lske the jury if they wished forth futhgr N in tbe case. They re ied. in the shegative, and found a vcetdict for the defenda>nt; YORK ASSTZES. FRX3AY, MA3CtI 27.