The Express.
London, England, 1864-05-09 00:00:00

LAW INTELLIGENCE.

METROPOLITAN COUNTY 001711.T11.
BMW* days anyolund kr the present weak.
Woman', Bt. Mardis-hula —Monday, May 9 ; Tun.
daiaLliednesday, IL
•d SY.' Parilland-rafti.—Wissiday, Yy 11; Thurs..
0/611;nopltiday 13.
, Whltabewragrate.—Tusaday, May 10 ; Medina
diugl.ll7COD. —Prlday. May I&
ClOtl23rwiLL, Duncao-tarnica—Tuseday, May 10 ;
day, IL
OWatzsaarosd.—llonday. May 9 ; Thursday, U.
Bow, Bowaos&—Wednesday, May 11; Friday. 12
WEITIICIWIL. Oren Prescottairesa—Wednesday, May 11 ;
Thursday, 12.
Soclzwang, ilwawatrart.—Twaday, May 10; Thursday. 12;
IPrlday, la
CambanrsiLoww-road. —Tuesday. May 10.
01/11:111FICIL—Wedaaidall, May 11.
WooLWWw, Thursday, May 12
LORD MATOICO Courr—estarday, May 14
enni.LL (311111141 00V12.—llooday, May 9.

EQUITY COURTS.—MAY 7.
(Before the Lord Chant*Hee.)
EC PLITT CAILZW. —IN 000.PTIL—BANraurreT.

In this cause a question arose whether a peados, of which
Colonel Cooper was the recipient, passed under his bank-
ruptcy to his assignees. An order had been made in the
nature of a compromise, which was sfterwards repudiated by
Colonel Cooper, sod the matter having been brought before
this court, the Lord Chancellor directed that the bankrupt
should attend before him poisons in order to ascertain
the exact state of the caw. Colonel Cooper now appeared/
and stated his desire to abide by the order which bad hum
made, and it was directed to stand accordingly.

M'AEDIEW V. BASSETT.
This was an appeal from a decision of Vice-Chancellor
Wood. The plaintiffs and defendants were both manufac-
turers of liquorice ; the former at Preston Brook, Cheshire,
the latter at Sheffield. In July, 1861, the plaintiffs
adopted the word " Anatolia" as a trade mark. In Septem-
ber of that year, the defendants received an order for
liquorice, accompanied by a specimen of plaintiffs' com-
modity, beariog that stamp. asking to be supplied with that
particular article. The defendants adopted the Plaintiffs'
stamp, on which an Injunction was obtained against them
to rentrain.the we of the trod* mark. On this an appeal
was brought.
The Lord Chancellor said that there was evidence to show
that the plaintiffs' manstacture was known is the market,
sod that it was of a superior description. The defendants
had imititedthestamps. and substituted them for those they
had formerly used; and whether the plaintiffs bad received
any injury or not, it was deer that the defendants wished
their article to be received in the market es of the same
description as that of the plaintiffs. It was emthisded
that no sufficient case bad bees shown to entitle the plain-
tiffs to • tied' mark, hut it was not necessary to determine
what property was established by a trade mark, and it ap-
peared that the stamp had been placed on an article male-
able in themarket by the &toadies', knowiagly, whit* wee
not that of the plaintiffs, and they acted with the object
of competing with the plaintiffs. The defesdenta might
not have known that the mark was that of the plaintiffs,
but they knew they were using a mark not originally their
own. It was said that the word "Anatol*" being
phial, could not become• property, but when it was=
as a stamp to desigoate • particular article which bad ob-
tained a (*stain superiority in the market, a property did
exist. The order of the Vice-Chancellor must stand, and
the appeal be dismissed with costa.

COURT OF COMMON PLRAEL-MAY 7.

&Ulm in Bance.—(Eldare Lard Chid Jt1•60111 Edo, sad
Judiers Willer, By's., aid Kadin.)

WOOLLIT r. POLll—nrz 111:121MIO OF CANDIS-110Ver.

This case was one which bra already been folly before the
public ; it was an action againt the Sun Fire-office to recover
the amoust of policies effected upon Curd's-house. Ken-
sington widths furnittus and other property therein.
Yr. &will, Q.C., now moved on behalf of the plaintiff
for a rule calling upon the defendant to show cause why
the wider mould not be at liberty to review his taxation,
that officer haying struck off from the plaiatiff's bill of
cone. whea taxing them as between party sod party,
1,d601., the total amount of the bill being 2,0694 The
plaintiff had incurred 21...11. or 3004 in the parti-
auk rs of demand ; and there having been an that the
jory should view the premises, be had paid fees to
counsel to view them also. The master, however, thought
that he bad no discretion, but was bound to tax off the
chugs, made under both these heads. The ender also
thought that be had no discretion to snow feel far mere
than three counsel ; though it we, clear that in some oases
four, and even five counsel would not be enough.
The Lord Chief Janitor—ls that w! My experience is
where them are morn than three counsel, those in excess of
that number are absent. ( Laughter.)
Mr. Bovill—The master bad also thopght that be was not
at liberty to allow for more than one coosultation of counsel,
sad that he could not allow more than three guineas for
models, though those prepared in this cam bad Goat vastly
more than that sum.

...The prraut;il a rule he retereece to the models, but
refused it upon the other points.
Buie aoeordinsly.

COURT OF F.XCREQUER.-MAT 7.

Sittiop in Baoco.—(Betore Barons Bartio, Bramwell, Auld
Pigott.)
PATON T. ASHTON.
_ _

This wee an action for the wrongful detention of a piano,
tried at Liverpool, before Mr. Justice Shea, whoa a verdict
wee returned for the plaintiff—damages The OW for
the defense was that the plaintiff mace a gift of the piano
to a Mies Denman, in whose mother's house he bad lived,
and that he signed a memorandum conveying it to her. On
the other baud, the plaintiff admitted that during • severe
Blame be promised that if he should die he would Ilia,e her
the piano or 50/. as an acknowledgment of her kindness, bet
denied having Marred the memorandum or given it to bee
unconditionally. Mr. Justice Sheep left it for the jury to
my whether they believed the plaintiff sor the defeedaat'a
version of the affair, and said that if they believed the
former there wee no gift of tie piano to Mile Demme, sad
that it was wrongfully detained by the defendant. The
jury, as already stated, found for the plaiatiff, but rubes.
quently a rule was obtained to set it made and eater • ver-
dict for the defendant, or for • new trial, on the ground of
the verdict being spinet the evidence and of misdirection
by the judge.
Mr. Temple, Q.C., and Mr. G. Francis now chewed
cause against the rule ; and Mr. Edward James, Q.C., and
Mr. Rollie, were heard in support of it.
Mr. Baron Martin was of opinion that the rule should be
discharged. The learned judge who tried the case seemed
to be metaled with the verdict, and even more than satia-
Bed, because he directed immediate execution ; but be (Mr.
Baron Martin) did not dispose of the ride on the ground of
the verdict being spinet the evidence, ii there was a ruleof
the court against granting a new trial on that ground where
the damages were under 20i. He exprsrd no opinion
whether the plaintiff's story was true or (else, but he
thought the judge left the question properly to the jury,
and they were tbe coestitutional jadges ol the matters of
fact ievolved in the use. Whether the verdict was right
or wrong, there had been no misdirection, and be therefore
considered that the rule should be discharged.
Mr. Bans Bramwell thought there smoker misdirection,
and the rale should be made absolute. la his opinion the
only question which should have been eft to the jury was
whether the *lntl! mood the memorandum sworn to
both by Mrs. Beeman beer daughter. The mistake made
by the judge was in asiumieg that either theplidatirs story
that he promised to give Miss Denman the piano or 50f.,
but only conditionally oa his death, or thecktradant's story,
that there was • written memorandum making over %,
property to NUM Denman, must be true, aid he never left
to the jury the paserbility of both statement' being trite, as
be (Me. Bars Bramwell) firmly believed they might have
been.

Mr. Banns Pigott did not entertain the least doubt is the
world that the learned judge properly directed the jury is
point of law, and agreed with Mr. Baron Martin that the
rule should be discharged.
Mr. E. James said he inteoded to appeal to the Excite.
quer Chamber, and he sapposed be could do so as a matter
al right.
. .

&ZOO Martin—lt will prove a very dear piano.
Yr. E. James—l sapper* if it be neoessary to ask your
lordships to putt an appeal you will say nothing against
it
Mr. Barna Bramwell—lf you must apply to us for an
appeal I should, riotwithstaridiog the opinion I have en-
oositir is refusing it, in an action of this description
or miserable piano.
Mr. Baron Martin—lt appears by the 33th media
of the Common law Preeedurs Act of 1851, you are en-
titled toss appeal, provided any one of the fudges dissent
from the rule being discharged or made absolute.
Bale discharged.

COURT OF PROBATE AND DIVORCE.
MAY 7.
(Before the Judge Ordinary.)
HUNT AND BURTON O. HUNT.

The Solicitor-Deneral sad Dr. Wamby for the plaintiffs ;
Mr. H. T. Cole sod Mr. J. Lloyd for the dafoodsat.
The testator wee a fanner Dear Bleadford, in Denotative,
sad Mt left s will, dated Jaanary 17, 1863, by whisk ha be-
queathed hie property, sheet 1,000/, to his oephew, George
Hunt, a baker, at Bleadford. He had two illegitimate
ehiklren, the defeadant and a daughter, since deosamd. By
& previous will ►e bad beriefitted the defeadaut, but be had
latterly become dissatisfied with his cooduct, end had made
the will in question two days before his death.
Meer bowleg the iridium, the jury, without begtatioe,
found for the will.

__--- --
The Court, therefore, decreed probate, sad coodsomed
the thiesdant is the costs.
INTATS/ILD P. lITANVARD ALND DATTDSOS.

Mr. Cole sad Mr. helerwiek for the petitioner; Mr.
Searle for the impeadeet.
la Dumber. 1852, the petitioner, a horoceopathie m-
ime, married Leaks Milbartetti, and lived with her tall
1858, when, as aetemat of some disagreement, they ape-
meld. Siam Asa the nepoodset had ochabited with
Davidme.
Verdict for MN petitioner.
Demme oil.

RIADI V. RUDE AND STEDIII2I.
TM Mr. KU M% Q.C.. sod Dr. Wambey tar tbre_poliiliaser.
parlias wen married Itsaigalara ia Mohr. 4U
l6lk Jul,. Ma, the pitikkes4 Mx. Chaim Willies