The Express.
London, England, 1852-05-27 00:00:00

EQUITY COURTB.—YumoAT.
THU RIVAL OPERA-1101MM
SIMIAN AT TT AITITISTPTSS. IAIII CITASPOILLIS.
Linn.= v.
an
DaWmanza.—lsivitertow.—.lv•isatertow.
s•ca orCowrA•ct.— Joutatt.
(A PUIIIiwy tb• Wowing amend is the jaw' pop
flee of pletersay's istressios of SW porn)
Ti Lard Cbosseller, RN fiTas jadimest, mid AM um
mess es • way ample untasst ; so whitest
Os dillaaltiss imbed by tie anion at tb• partieatil2
sport Ma the gitatisot of law vbielt INA bow atuitstt •A
tan bar. the =tweet mu limply Am 11•114.11rovvvelftlil
• lir. • salmi. spobvroolalli.
alas st i.r !Iflistfelbiter • •
. .

mei that she it .M elm elsewhere aerie( that period.
Meths& themilles OW be mew eiseple Wm due seem-
meat whisk hedgehog the qthetios so sisberately sad well
saved. As he 11111118/M•11111 the point raised by the appel-
lee& it was this : that thine was se are is which this emit
Mkt to great sa iajthetioa swept ia awes where it weld
asthma sped& performame, or whew the injuactiou being
BMW weal/ have the asst. by sweating a party from
doing that whisk he bed agreed mot to do, a enforciag the
performeage Oda whole agreement That was the teethe'
quad= he atheretood to be Woes the court. The
yam, thenthre. fee seadderselen was bow that steed 411
priest* ; sad that hew it amid ea authority. Bathe he
yeeseethel le the etheidenties of the question of pried*
it amid be easeatient to refer first to two a these IMO
wee Sled ia the amuse of the argument. The *did*
that of " Suds v. Malkin" 0 rem
not was ama in which the wart wee asked to heat
sa leitheden restraisiag:an set from Ming done, width le
se way wield he considered as • speak peettesethse I
but it fell within the cases, as wee
at a peeper iaterferenes ca the part of the court becaullawlelit
the egasidersties et mossy paid by Dr. Martia sad lie
silo. The parish, to ARM, had stipelsted that, Math
thiseatian of the wades of a cupola sad elockbell by the
fithaer, they should deprive themselves of the great athiy-
Meat ailieriag the thank bell nag at gee o'clock every
messing. On the epithelia's sutesithently made to re-
strain the charghwasdens hem Tingles the Mil, Lord Mac.
&Idea granted the iejuaction, sad the Lords Comae-
amen coafirmed it, and made it good he the lives of Dr.
Martin and his wits. That was a ewe, therefore, in which
this mart did great an iejunetien restraining from doing an
net, sad I. which it could tat have iaterfered by way of
speciee Pre' sex. The met ease referred to was that
wall-kaowe sae of " Barra v. Sherries" (5 Vary, sen.,
NO). The stipulation the was that Magrom, the sub-
lease d a lease 'Mobile, Vathltalliardeas, should do
nothiag to damage the business at Vauxhall. The proprie-
ties of tat gardens filed a bill setting forth that he was
breakup the covenant of the lease. Lord Rosslyn granted
the injunction, and, in ddiug so, maenad himself that it
seats under spathe performance. When it came before
Lord Eldon his lordship dissolved the injunction, on the
ground that after the length of time that had elapsed there
hid been long-mmtinued acquieseates. Rs, however,
tamed it as one of specific performance ; ea, as
far the
words used by both Lord liewlya and Lord Eldon would
go, they certainly seemed te }testify the appellant's argu-
ment Bat hew way it la het ? la that ease it was spe-
edo pariermanee. The awn bad eprsed that he would not
Apra his Mose for the sale of amides, to the damage of the
yeeprietsge if the guises, and the court said yea shall not
do so ; that was a speak) performance. It was
do objection that the parties had their remedy
at law. The very well known ease of " Robinson
m Byres," was a dew ambstrity oa this point. There
were wise, gash as that of " Collins v. Plumb " (16 Vseey,
664), the mos of the waterworks, to which it was admitted
that the avert had the power of preventing an act being
iime, though that power was not exercised because It could
set be dear Magician In that ONO it was impassible to
tisane* the damages swished by the parties ; for they
amid eel tell every time water was ataplied whether it
was et was not to the damage of the waterworks. The mart,
therefere, wide refuesd to moths its jurisdiction on very
grallaieat poeada. At as early stage of the arguments in
the present awe be took the liberty of referring to the
Maim mess of attorneys' clerks and surgeons' sad apothe-
arise' segregate restrathed from carrying on banns
widget • swain dishes, of their nesters' residences. Oa
what peineipie are these deeided It was 'lowered by the
It used counsel lei the wawa that they arose oat of
basalts reesived sad estaluded esetracts, and that they,
theeseme, ems into the seseaf. eat gory of gases. New, he
did set shish that the jurialistion derailed en that cir-
assethineet. Take the iaiiker ems of a balsa sad anent.
The lease being eseattal with a aortae thethant, net to
do a particular act, tat ...sat the home was called on to
do that by inhibition, the wen had to deal with that cove-
seat aka'. There were few ewes of this kind in whisk
there were not many stiadatiens allineative mouth* to
les dose, oat of which the cowl gave effect by the Wear.
Sea es the negative stipulation alone. It would be
'bead that there were many aMresative animate
es beck midge which the inert would eat attempt to tooth.
Bat if the was a negative covenant—w, tor Instance, that
the knees should met cut down timber—the court does set
ath boveneerk imam to be dam under the lease, but sets
simply ea the sagacity arramat. As he appreheaded,
epecilhally negates by prohibiting. These cows went in
direst imposition to the *missies and rake so elaborately
sal ably lasted ea is the argument for the appellant
Take the an. *pia, et the attorneys" clerks sad surgerms'
appreatices i the *anthem there was am greeted till the
amiss wee at an end. It was sot till the service was
sada that his tomesat cams into °yentas, binding his
got to way en the lensisess of his master. There there
was astkiag mediae to be dons but to gnat the (njua•tios.
Now, the are barge die seat was math tow. It was
sot of two acts to be dem by opposite paidee—by Lem- Mr.
ley am act, sad the yam. lady another; but in this awe
then wee an act to be dame by the lay dais i skg was sot
to break is ea that set of posformease the agreed le es is
este. TM the wee amillary to the other—equal, se-equal,
rosisosae ; they operate together, the eme la weistaaes of
the ether in serrelative right. shpt who
sing three
width fee yea, sad daring time I will
dog he so ether." The Mama V pale/team
wee maid out amentiag to the earthy of physical
power ; the was to do all that she was age to de he the
theatre to whisk she iatimdth to attach herself. Therefore
V them had been or stimilatiga in the contract prohibiting
his teem peressmiag se saga, at seethes place, she would,
by /Sag so, have brakes the very spirit of the esetrect is
mask as she had actually dear. Than as remade/ the
epeeists of this beimg a maimed case, Lt us we fee • Meefigett
what is the priscipla of the atrithatiga of this that. It
tend sot fail to be observed that this emit, abeam it had
peeper juriadictioa or not, had azgesiged a nest
bmalisal infamies ia biadiag men's camelmose M a tear
and hteral perloemasee el their egesements. 11. led
sheep *mauled a peat deal et that attar themessume et
castrects between Englishmen ti the pealed this Mart,
which would not suffer men at will to dispel Item tharects
late which they had entered. It esthetes OM, whale It
can, to • literal performance, whisk is hese ailed epseille,
tending meek to promote that geed ha Wawa mea and
gas whieb, he might my, Waal he a Water NOW is this
that la say other country. Chearay epeeltiag,theeetent,
the jurisdiction thereised by this end was a whelerathe
sae. Where was the otignatie whisk it was esetrailed
would eras in this awe if the wort exercised that Naafis
ties ? Became, It was said that he would ett,
ado her hem the mesas el gaining Mr thing i
he esemelled her to reheat from degas at eateheeplete,
whoa he amid not compel lm to deg at the draft of
Mr. Lumley. It was, tharelme, esaisadel that We would
be the maths eta jurisdiedes whisk the court Mil got
parer. What caws of gemphiat eeeld she have If he
impeded My le while Item falai that which would, in
sleet, compel her to de that whisk she aught to do ?
Oclag to the whole game et the judedieties, he would
leave moths; to the future. It was not, thereby*, a ease
in width by making an order, something wenn be left not
arraerkby the means of enforcing it. Bee if he resenthed
be from singing at Covent-guides, the seininil siall broa-
dish), would be to Induce her to full) her Nutria. She
Mid no right to complain. It was • remedy whisk Mr.
Deasy possessed against her. She would be amenehle to
this inert, sad would te committed to pristsa if she MI the
bet prohibited by the agreetamt. The Waage's, thew.
few, would have the Whet of preventing bee doing an am
which might have subjected her a vindictive
damages, if she had carried her Waits to •
rival theatre. It appeared to him that he shield
do nothing beyond the power of this eourt by puede, the
Injunction. lie bowed to the authorities which had been re-
cited in the course of the argument, but he meat is this
an to follow what he esnesivedie he the gamest taw of
those autheritia. As thin was same aflame of *thou
among learned judges on the past Is questimi, it would be
seamier, to go into some detail of the teeth The Bret
case was that of " Morris v. Colman " (IS Vestry. 437.)
That was • very simple ease. Mr. Canon agreed with the
Fortran of the theatre that he would not exercise his
deem& abilities by writing foe say other theatre than the
ifiewinghth Lori Rides swath' an lajtmetha a mama