The Express.
London, England, 1863-04-22 00:00:00

DIVIDAIIOII II THE TIM.

The court was occupied during the greater part of the
day with this case, which was an action against the railway
company for negligent*, in sot properly maintaining a cer-
tain bank in Linceleabire, called the South Deep, whereby
it oollapeed, and the land of the plaintiff was inundated and
damaged. The trial took place at Lincoln, before Chief
Justice Erie, when a verdict was found for the plaintiff.
Mr. Macaulay, Q.C., and Mr. Field now allowed cause
ageing a rule which had been obtained by Mr. Bovill, Q.C.,
to set &aide the verdict for the plaintiff and enter a verdict
for the defendant., or for a new trial, on the ground of mi.-
' direction and the verdict being spinet the evidence. The
question chiefly turned upon the ocestroction of the Witham
Navigation Acts and the acts of the Great Northern Rail-
way Company, and involved claims to a very large amount
against the defendants.
Mr. Bovill, Q.C., Mr. Bodes Q.C.. and Mr. Beasley
having been heard in support of the rule,
The court took time to consider their judgment.

COURT OF PROBATE AND DIVORCE.
ATRII. 21.
(Before the Judge Ordinary.)
DITCRILL V. GARD AND lINGIVILL.
This was • suit to revoke • probate, tried at the last
Devoathire Alaimo, before Mr. Justice Ryles. The testa-
trix, Mary Oregon y, the widow of • lionised victualler at
Devooport, bad died of • cold. at an advanced ege. Shortly
before her death she bad made a will, in which she laft
the bulk of her estate to Mr. Gard, a certificated convey-
ancer in the same town, a gentleman also of advanced years,
and an old friend both of the deceased and her husband,
The jury returned a verdict in favour of the will
on all the issues but one ; and upon that they found
that the deceased bad given instructions to Mr. Gerd to
insert the names of the three women for bequests of Si.
each ; that the said instructions were present to Kr. Gard's
mind when he procured the exec:Woe of the will, but that
they were absent from the testator's memory at that time.
Upon this the learned judge pronounced the will tike
void, but having some doubt upon the point, he had granted
leave to move to enter the verdict for the defendants.
lir. Collier Q.C. (with him Mr. Loper) moved for a rule
raid accordingly, and also for • new tnal, on the ground of
misdirection, of the verdict being against evidence, and of
the point not being raised by the pleadings and coming upon
the defendants by surprise. The leaned counsel strongly
insisted on the absence of any finding of frAid, and con-
tended that the verdict of the jury did not substantiate the
plsa that the document propounded was not the will of the
deceased.
SirC. Omen/ell granted a rale nisi, as prayed.
Mr. Kerslake, Q.C. (with him Mr. Cole) said that in the
of the rule being made absolute for • new trial, he
should move, in pursuance of leave also given by Mr. Jostles
Bytes, to enter • verdict for the plaintiff, on the tome of
whmher the will had been procured by undue influence.
Sir 0. Cromwell—On what groupdf
Mr. Sarslake —Mr. Justice Bylee thought that the wind
01111OVIGG of legacies might support such a plea.
Sir C. Creeswell—And I am very much disposed to agree
with him.
conga e. coon (omit).
Mr. funned said the court to fix • day for bearing the
appeal of the Rev. J. T. Croke, against whom a verdict of
cruelty had been found.
Sir C. Cromwell was not able to ix any time until he had
eosealted the chief justices of the other courts as to when
they wallet be able to spare him two judges to constitute
ties full court.

This was a petition tore iidicral separation, on the
pound of cruelty, filed by the pintail" in the recent cos
of Hello. Sample.
Dr. kinks moved to amend the wife's pleadings by
C.nking ons an allegation of adultery by way of answer
to the chirp of cruelty.
Sir C. Croswell said the learned putlemen moat demur
to the pies if he thought it bad.