Williams v. . Cabarrus

Hyder got the track, and the other left it. Here is the point, whether the track was obtained fairly or not. Col. Brown says he thinks Hyder forced the Centinel out of the track by his weight. If this was the case it was not fair, but whether agreeable to the rules of racing or not, I cannot tell. It is true the plaintiff's witnesses are generally sportsmen, and of course their curiosity was engaged, and the probability is that they observed nicely, but they only speak negatively, etc.

It was clearly held by both the judges that an action will lay against the stakeholder, by the party that won…