Page:Federal Reporter, 1st Series, Volume 6.djvu/673

 BABNES V. TULI4. t661 �cannot be extended to proeeedings in the district court, but, on the contrary, leaves in full force the statute above cited, which requires that the trial of ail issues of fact in that court (with «ertain enumerated exceptions not material to thia ques- tion) shall be by jury. It follows, from these considerations, that a writ of error does not lie, in a case like the ope uuder consideration, to re-examine and revise the action of the dis- trict court, and the writ is aocordingly dismissed for want of iurisdiotion. ���BaBNBS ». VlALL. �SaMb ■». Steebb.. �- SAiiB V. POTTBB. : !' . �. . \OireuUi Gov/irt, B. Bhocl^ Mand. i. ,1881.) : . �rALSB'lMPaiSOHMENT^TEBSF'ASS. ' T; ! <,, �i A o'udgment debtor, who bas been aischArj^Qd frpm ^pjispnqtcat, , , either uader chapter 216, Gpn. St. R. L , for the negject of the plain- tiA to pay his board, or uhaci*' section 6, e. 21a,'b^aii36 not iakeii''in execution within 30 day» af ter final' judgmdnt a^aiiieti him, cannot^be lawfuUy arrested again upon an alias execution, or upon mesne pro- cess, in an action upon the same ju^gment. �Bamb— Wed Liablb ih Tre^pass. \ �If, after sufh discbarge, the defendant "be again imprisoned'oii an alias execution, the plaintifE and his attorney are liable in trespiass, but not the clerk, when there is nothing on the record l'o"instlract him that the defendant had been imprisoned for more thah 30 days, nor the jailer, who is protected by the precept. �Bamb— Damages. �That the defendant was illegally arrested and detained through a mistake of la-w, or miscalculation of time, which was shared by ail the parties, is a fact which goes far in reduction of damages. �8amk. �Chapter 216 and section S, e. 213, Qeneral Statutes of Khode Island, construed. �Chas. A. Wilson, for plaintiff. �Ervin T. Case, for defendant Viall. �Dexter B. Potter, for self and defendant Steere. ��� �