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THE

CONTAINING

REPORTS OF CASES.

DECIDED IN

.: DECIDED IN .
THE COURTS OF EQUITY AND COMMON LAW,

AND

IMPORTANT DECISIONS IN THE ENGLISH COURTS;

ALSO,

ARTICLES ON LEGAL SUBJECTS,

PRACTICAL POINTS OF GENERAL INTEREST, REMARKABLE TRIALS,

SKETCHES OF THE BENCH AND THE BAR, ANECDOTES, &c., &c.

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NEWYORK: ..
OFFICE LEGAL OBSERVER, 41 ANN STREET.

1847.

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TABLE

OF

CASES REPORTED

IN THIS VOLUME

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227

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De Medina y. Grove
A B., in re . . . . 136 Doe d. Plumer v. Nainby

· 398 Adams v. Rowe

.

76 Donahue ads. Collins . . . 227 Allan and an'r v. Aguira and an'r - · 380 Dormay v. Borradaile . . . 429 American Exchange Bank v. City Bank

Dorr and an'r v. Swartwout

. 172 American Life Ins. and Trust Co. v. Bayard

Dosseitei, The
.

110 and oʻrs

-
-

-
.. 13

Draper ads. Ferriş and Underhill
Anderson, in re, estate of
302 Dunn v. Packwood -

398 Armsworth v. South Eastern Railway Co. - 345 B.

Electric Telegraph Co. v. Nott and o'r - 382 Bacon v. Beach - - . . 448

F.

, Banta ads Griffing -

100 Ferris et al. ads. Storms . Barber and o’rs v. Butcher

67 Ferson v. Sanger et als. Barley y. Walford .

71 Finden v. Stephens Barry and an'r v. Nesham and a

- 151

Freeman and an'r v. Arment Bristow v. Needham

Freer v. Peacock . . . 383 Batterson v. Furguson .

100 Belshamn v. Perceval . . . 23 Benjamin v. Fraser, adm'r, &c. 18 Gallagher v. White

. 100 Bishopp v. Colebrook 454 Gatty v. Field

144 Bradner and o’rs v. Jones, sheriff, &c. 96 Gazelle, The

196 Breynton v. The London and North Western Gilbert v. Mickle

10 Railroad Co. .. 269 Giles v. Tooth .

116 Bristow y. Needham . 21 Giles v. Rusk :

417 Bromage v. Vaughan & Bevan - .

Gillett v. Whitmarsh an

65 Brown et al. v. McEvey 19 Gillon v. Bruen

227 Bryant & Barnes v. Woodruff.

139
Gipsey King, The

437 Buck ads. O'Connor

19
Glascott v. Lang -

- 426 Bunn and Herder ads. Bradlie and o’rs - 227

Same v. Same

451 Burch, in error, v. Westfall, in error

178
Goddard v..Norton

199 Gover, ex parte, re Humphreys

79 Goodal v. Lowndes

. 108 Carter v. Flower. - 393 Gregg, an infant, in re,

265 Chamberlin ads. West

226 Chapman v. The British Guiana

308 Cotheal v. Brower 175 Haggerty v. Murray

418 Cowie v. Remfry - . . - 25 Haines v. Taylor. Coxhead v. Richards . . 351 Hale, in re, goods of,

339 Cromwell v. Delaplaine - 226 Hall v. Hugonin - - -

101 Cropsey v. Robinson -

20 Hill v. Sands - . - .. 19

Hills v. Nash - - - . 338 D.

Hobby & Morehouse ads. Bruce - 18 Da Costa, and Da Rocha, in re, . . 294 | Holding v. Liverpool Gas Co. - - 77 Daines v. Heath . . . 434 | Hopkins v. Richardson - . . 149 Daniels & Tryon ads. Stetson Davis v. Clayton

100 Davies v. Williams - - - 341 James v. Ball

. 417 Day v. Sharpe •

107 Johnson and o’rs v. The Sloop Merchant , 363

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Johnson v. Wissman

18 Pott y. Cleg - : 235 Jones, ex'r of Mason, in re matter of account. Pott v. Flather ing -

124 Porter y. Dalley Jones & Kershaw ads. Hurbaugh

19 Prime, Ward & Co., in re K.

R. Kirk in re .

52 Ray v. Willis

Renwick v. McAllister

Reynell v. Lewis La Forest v. Wall

148 Rich v. Basterfield Lamond v. Davall

228 Robinson v. Hawksford Lander v. Parr

• 227 Robbins v. Davis and or's Lane v. Dixon

348 Rogers v. Kennay Langeman ads. Stevens 19 | Rogers v. Rhodeback

334 Levy v. Webb . 144 Root, estate of, in re

449 Lewis v. Cooper - . • 143 Russell y. Nicholas -

183 Lewis v. Samuel ..

71 Lewis v. Billing - .. Lord v. Joachimssen

100 Sadler ads. Tobias Lynch ads. Welch & Drake

20 Sandford ads. June ·

Saracen, The .
M.
Sawyer v. Jackson - .

380 Manchester, The Duke of

315 Schilling v. Welman - M ayor and council of the city of O

Columbus y. Scioto, The, . - - - 442
Rodgers et al .
166 Seringapatam, The, - . .

319 Mayor v. Ward

70 Sharland v. Mildon - - - 24 McCalmont and or's v. Lawren

205 Shepley v. Rangely McCard v. Keller418 Sherwood v. Mutual Ins. Co. .

406 McCarthy and an'r v. Noble 380 Sloat v. N. Y. & Erie Railroad Co.

417 McDonald v. Menaire

18 Smith v. Ball

106 Mellona, The 193 Smyth v. Holme •

. 113 Merritt v. Cornell

226 Sniffen ads. Weed . Merritt v. Same

300 Soloman y. Lawson Metzger ads. Karst

49 Sparkman & Kelsey v. Higgins & Metzger, in re · 83 Spence v. Meynell and an'r

109 Same

- . - . 367 Spottiswood v. Clark - - . 142
Morris v. Howes - . . . 101
N.

Tatham and o’rs v. Loring
Taylor y. Clay

230 Newton and an'r v. Belchor . . 192 | Taylor v. Crowninshield and o'rs

209 Newton v. Chambers 147 | Thompson v. Pettit and an'

342 Nichols y. Atherstone · 457 | Tonnele, in re, proving will of

254 Norberg, in error, v. Hillgreu, in error 177 | Triston and an'r v. Barrington

159 North British Railway Co. v. Tod

141 Turner v. Ambler - - - - 396 Norton v. Seymour

4321

U.
0.
Usher y. Holeman

99 Oatman, ex'r of Scott, in re . . 378 | United States v. One case containing Cash

mere Shawls

247
P.
| United States v. Ship Recorder

286
Paine and or's v. The Steamboat Neptune · 293
Parker y. Parshall-

418 Parsons v. Sexton 460 Vaughan v. Hancock

- 155 Partridge v. Menck

94 Partridge v. The Governor & Co. of the Bank

W. of England -

. 184 Walker v. Nussey

- . - 359 Paton v. Barker . .

100 | Wallscourt v. Wallscourt. Paull et ux v. Simpson - - 270 Ward v. Key ..

21 People, The v. Heine and an'r .. 381 | Wattripont and an'r v. Chesterman

380 People, The v. Eliza Phillips . 130 / Warren, a bankrnpt, in re

- 327 Pentz and or's ads. Brown 19 Webb v. Grace

182 Petch and wife v. Lyon

274 Weed ads. Stewart and or's - - 226 Phillips v. Naire and o'rs .

West v. Newton

417 Phyfe, adm'r, in re .

331 Wilkinson v. Gaston Pollock v. Stacey

234 | Woodhouse and Smith v. Jones ...

19

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THE

WH-Qork Segal Observer

Vol. V.]

NEW-YORK; JANUARY, 1847. [MONTHLY Part.

Ni After, some years practice as a special THE LATE LORD CHIEF JUSTICE TIN.

pleader; Mr: Tindal was called to the bar. DAL.

This took place on the 20th June, 1809, Nicholas CONYNGHAM TINDAL, the late and he selected the Northern Circuit as Lord Chief Justice of the Court of Com- the field of his first exertions. It is said mon Pleas in England, was born at that during the early years of his progress Chelmsford in the year 1776. He was he had so little expectation of his future descended from an ancient family in the eminence, that he applied or bad thoughts county of Essex. His father, Robert of applying, for a colonial appointment; Tindal, practised many years as an at- but was dissuaded from expatriating himtorney at Chelmsford.

self by one who knew his attainments and Mr. Tindal went through the usual course capacity, and augured truly of his final of school education at Chelmsford, and in success. the year 1795, entered Trinity College, | Although Mr. Tindal was never disCambridge. At the expiration of four years tinguished as a popular speaker, he soon he took the degree of bachelor of arts, displayed eminent powers of reasoning and in 1802, that of master of arts. He and profound knowledge of the law. The obtained the prize of Chancellor's Senior common law reports afford abundant eviMedallist, and stood high as a wrangler. dence of the esteem in which he was held He was elected a fellow of his College in as a lawyer. He was engaged in many 1803, and soon afterwards commenced of the most difficult cases and argued them his studies for the bar at Lincoln's Inn. with logical skill and great ability. He was a pupil of Mr. Richardson, after. The lectures at the Inns of Court, havwards Judge Richardson.

ing long been abolished, it is the custom At that time any member of one of the for students, after entering themselves at Inns of Court was permitted to commence one of the Inns of Court, to resort to the practice as a special pleader or convey- chambers of a special pleader or barrister ancer, the duties of which consist in pre- in good practice and distinguished for his paring pleadings or conveyances for at- skill and learning. Certainly no better torneys. Mr. Tindal availed himself of choice could be made of a preceptor than this permission, and practised as a special the subject of this memoir. Of kind and pleader, in which department of business courteous manners, sound and discrimihe soon met with considerable success. nating judgment, great learning, pa

This has been the course of many eminent tience, and assiduity, he was precisely the lawyers who thus establish a reputation person with whom a student, anxious to for skilful advice in the institution and de- acquire a knowledge of his profession, fence of actions, the preparation of plead- would be advised to study, and accordings and settling evidence; and hence ac- ingly we find that the pupils of Mr. Tinquiring the confidence of their clients, (the dal were numerous. Amongst others who attorneys,) they are enabled to proceed had the benefit of his able advice and into the bar with a sure anticipation of suc- struction were Lord Brougham and Mr. cess. Such has been the career of Mr. Baron Parke..

Tindal, Sir William Follet, Sir Fitzroy There is, of course, no better test of the Kelly, Sir Frederick Pollock, and many esteem in which a counsellor is held for other eminent individuals.

This legal attainments, than the frequency VOL. V.

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