The Express.
London, England, 1864-05-10 00:00:00

cv►ARD r. WIGHT,

Mr. Serjeant Hayes end Mr. J. O. 6riffits were counsel
for the plaintiff ; Mr. Gibbons was counsel for the de-
fendant. _ . _

-This was an action of replevin of rather • curious &e-
-recter, the reel parties to the action being sisters, and the
,Laugliters of the late Mr. Crump, an attorney, and for-
merly clerk to the Clothworkers' Company. He wag
possessed of considerable property at the time of
his death, which he divided amongst his three
daughters and one sea. Among the bequests was
ao annuity to the defendant of 301. per annum.
The defendant became embarrassed, and passed through the
Insolvent Court, and it was contended that by the terms of
the will. as well as the provisions of certain acts of
lerliament, the annuity was forfeited. The an-
nuity had been in abeyance for upwards of 28
rears, and this action was brought to cover the ar-
rears. The facia were not disputed, and the case rated
entirely upon points of law arising under the will, the
Insolvent Acta and the Statute of Limitations. There was
a mass of pleading, replications, rejoinders, etc., raising and
denying and reasserting every possible point that could be
cooceived by the ingenious mind of a special pleader.
The Lord Chief Justice said it was • maas of pleadings
that was of no nos to anyone. It was • waste of paper and
expense, and it was an abuse of the powers of pleading, for
it raised the most unnecessary Mmes.
Mr. Gibbons said he objected to the pleadings at &am-
bers, but the learned judge allowed them.
On the suggestion of the Lord Chief Justice, the learned
counsel arranged to take a verdict for the defendant subject
to a special case, as the points in dispute were points of law.
Verdict for the defendant accordingly.

COURT OF COMMON PLEAS.
s.,ittinp at Nig Peltl/1 in Micbilaftax. Wore Mr. Janice
Myles sod a Commas Jury).
CHA PTO V. GRIM —ACCTDILNT.
. • •

The plaintiffTEl4bl; oue was a n;;;;WWoman, 57 years
old, and she claimed damages for injuries she bad sustained
through falling down some stairs in the defendant's shop.
Mr. Laurence and Mr. Uoyd appeared for the plaintiff ;
and Mr. M. Williams for the defendant

It appeared that on the afternoon of the 11th of February
the plaintiff went to the defendant's shop in Faymourpboa,
Ilryanstone-icinare, to purchase 141135. of coaL According to
her case, whilst standing is the shop, she saw a boy come
in with some coals in a truck, sod in stepping back to avoid
bim, she fell down some stairs leading into an under-ground
kitchen, and broke her collar-bone. There wen no light,
and no proper promotion taken to avoid accidents.
The defendant's case was that there was no fault what-
ever on his part. The plaintiff strayed into a passage at
the back of the shop, where she had no habits's' to be, and
when the boy called oat to her to mind the stain she
stepped back and so fell down them. It was also said that
the plaintiff was at the time the worse for drink, an im-
putation which was positively denied by the plaintiff.
The jury found for the defendant.

COURT OF EXCHEQUER.
sittings at Nut Prins at Westininater.—(Before Mr. Baron
Martin and Coalman Juries.)
luso 0. MMOPOLITAN IAILWAT comrAtirr.
This was an action to recover compensation in damages
for bodily injuries alleged to have been sustained through
the negligence of the defendants' servants.
Mr. Kemp was counsel for the plaintiff ; and Mr.
Hawkins, Q.C., and Mr. Henry James for the company.
The plaintiff was a tailor, living in the neighbourhood of
the Haropetead-road. His case was, that on the 3rd
of October last he travelled by the defendants' railway
in the ll o'clock night train from Parringdon.street to
King's-cram, and while alighting at the latter station the
train, which bad stopped, soddenly moved beak and threw
him on the platform. In consequence of the fall his ankle
was sprained, and he was laid op for five weeks. He was •
third-class passenger.
For the defence the engine driver, the guard of the train,
and the ticket porter were called and denied that the train
was jerked back after it had once come to • stand etill,erid it
appeared that the plaintiff .nude no complaint to anyone at
the station at the time of the occurrence. The company
attributed the accident to the plaintiff', own negligence in
getting oat before the train bad stopped.
The jury found • verdict for the defendants.

COURT OF BANKRUPTCY.
(Before Mr. floentaimicom Hoiroyd.)
D'OLITAZEIL—DISIIIMAL OF MITIOIL
The bualcrupt Manuel De Gil et D'Olivaree, described as
a commimiun agent, late of St Mary-at-Rill, had filed his
petition on a one-pound stamp, accompanied with a state-
ment showing debts under 3001. It wsa now shown, by the
proof, tendered, that the debts exceeded 3001., sod hie
Honour directed that the petition should be dismissed.
(Before Mr. Registrar Roche.)
ix IRE JOHN LEIGH.
The bookrack who is the metropolitan polies magistrate
at Worship-street, was described as a barrister-ot-law, of
Brompton-road. The adjudication was made on the petition
of Mr. Frederick Everett, stockbroker, of the Royal Ex-
change, who is a creditor for 3001., a balance due on trans-
actions in Mexican stock. Tbe liabilities sze mad to be
as much as 30,0001.
This was the sittin for proof of debts and &Moe of as-
signees. Proofs to lbs amorist of about 5,0001. were placed
co the file, and Mr. liana, &mountain, of Ironmonger-less,
was chosen tad* assignee. Maws. Wild sad Berber Cr.
the solicitors to the amigams, sod Mr. Liakhder for the
bankrupt.

LY RZ SMITH AND LANTON.
The bankrupts, J. B. Smith and Thomas Union, were
wine and spirit merchants, of Great Tower-street. The ad-
was made no long ago as July last, bat it was dis-
puted by the alleged bankrupts, and the matter has only
recently been decided be the Lord Chancellor, who
upheld the adjudication. This was the sittiog for proof: of
debts and choice of wipes. The bankruptcy being on a
creditor's petition Do etatement of affairs has yet been rub-
mitted to the court ; bat the liabilities are edircated at not
less than 33,0001. The 'meta, whatever they may be, are
said to be in the halide of trustees under a trust deed which
the bankrupts had executed. Debts of about 3001. only
were proved, and the following creditors were chosen trade
assignees :—lfr. Henry Smithies, merchant, Mark lane ; sad
Mr. Francis Hogg, merchant, Ingram.coun, Fenchurch-
-treet.

(Before Mr. Registrar Bothell.)
in an W. WOODBRIDGI.
The bankrupt was a farmer, of Kirbi•le•Boken, in Erma.
He recently failed with liabilities of upwards of 20,0001.
imiest which security was held for about 15,0001. This was
a dividend sitting. It was reported that then was a balance
in Earl, after payment of expenses, of about 8001.
to dividend amoogst the unsecured creditors, and the
resolution wee passed.

CENTRAL CRIMINAL COURT.

(THIS DAY.)

(Before the Roomier.)
BRITTLE BILRFEIG.

my Pwrell, 30, described u a pianoforte maker, and
Irmiase h, 34, described as a fishmonger, ...recharged
nith stealing the sum of 91. 13a., the moneys of John
laitisell Chambers.

Orridge prawn ted, and Mr. Ribtoo defended.
Thu charge, it appeared arose from skittle sharping ; and
appeared that on the afternoon of February last the pro-
*tutor, while in Fleet-street, was aooosted by • man,
with +horn he got into conversation. and who de-
,:ribed himself as • medical student. At the pro-
posal of the stringer they both shortly afterwards adjourned
to a public-house, where they =lied for something to
blk. While them they met the prisoner Po.dl, wbogot
into couvereation with the medical student, and th talked
trot about playing cricket, sad at last about
weight,, one offering to het that he would throw • weight •
certain number of yards. During the conversation the
insoner Powell said he bad just had about 6,0001. left
Lim, and proposed that they should go to • pleas where
there was a skittle ground sod the necessary weight to test
their strength. They went in a cab together to another
house, where they saw the peisoaar Finch, and Powell
asked hiss if his skittle gronnd was long *sough to throw the
weight,. Finals said it was not, and after some croovseistirs
Powell took op a skittle ball, and said it was stone, and the
mcdieal student said it was wood. After throwing the ball
tt,out, Powell sod the student began to play, asd• bet of