The Express.
London, England, 1863-11-06 00:00:00

COURT OF COMMON PLEAS.

Sittings in Benno. —(Betors Lord Met Justice Erle
Justioes WiLimn, Byla, and Keating.)

The court this morning appointed Tneaday, the 17th, etd
Satardep the 21st inst., for hearing appeals how &rime
at revising barristers.
17.1.1411_10,11ARKM.7A DLLLIIIT reasosiLvr.

_ .
Mr. M. Chambers, Q. 0., said that this use was tried
before Mr. Baron Bramwell, at Croydon, when the plaintiff
was eon-suited ; and the present motion was for • new trial.
The plaintiff, Mrs. Fells, was • billet dancer in what was
called the " front rank, that was, she was Gee of those
who were allowed to corns forward as Brunettes to the foot-
lights ; and not like others, confined to the rear-rain, and
only permitted occasionally to show themselves.
Mr. Justice Byles—She was like • " silk gown."
anughtur.)
Mr. Chambers—Yes, she was " within the bar." The
first count was upon • special contract, sad it alleged that.
on consideration that Mrs. Fella would give up a Farina
engagement the defendant promised to procure her
written engagement from Mr. Feebler, the leases of ch,
Lyceum, and that she should be retained for three
years, whilst in fact she was dismissed from the
engagement which was obtained at • week's notice.
This count, however, was not proved ; and the coin:
really relied upon was for detaining from the plaintiff he
written engagement. Mrs. Fells proved that she had bee:
• dancer at the Italian Opera and other places, and Xi.
Fechter being about to open the Lyceum, Mr. Barnett vs
employed by him to tasks engagements. Mrs. Fells wee
to Mr. Barnett, who said she should be en
and subsequently said that he had he
• written engagement for three years. She asked
for the document, but he said that he mu
about removing his race and could not lay his hand ape
the paper. Boon afterwards the plaintiff was dismissed,
consequence of • dispute about her having been placed in the
rear rank ; and thereupon • formal demand was made fo:
the written engagement; but Mr. Barnett ref ..iNed ii
give it op because it was wanted for the purpose it
bringing an action against Mr. Fechter. Upon Its
facts Mr. Baron Bramwell held that an action
detinne would not lie, but he did not state upon what
ground he formed that opinion. It was DOW illbelittlal the
his lordship was wrong in so holding.
The Lord Chief Justice said he could not see clearly bee
the property in the document became vested in the plaint:E.
After some discussion the court intimated that they
would 'peak to Mr. Baron Bramwell upon the matter.
RICHARDSON V. =II AND ANOTHLR.—MORNAL VERDICT.
The plaintiff is thin case having some lend to let near the
International Exhibition cams into communication wdu
Elgee, sec., • licensed victualler, and with that gentleioan's
son. The plaintiff's cue was that in the course of the OOgo
tiation the defendant became liable in • joint responsibility
to him, and be sued to enforce it. The ciao was tried be-
fore Mr. Justine Keatiag in London.
Mr. M. Chamber", Q.C., in moving for a new trial, now
said that the jury first, said they found for the plaintiff, bat
afterwards, at the solicitation of the defendant's counsel.
they were induced to alter that finding. It was now sub-
mitted that plaintiff was entitled to retain the verdict first
announced.
Mr. Justice Heating said that what took place was this,
the jury said " We find for the plaintiff, but we think that
the elder defendant is not liable,' thereupon he explained
that that was • verdict for the defendant, because the
plaintiff was bound to prove a joint contract with both de.
fetidante. They then found for the defendant.
The Lord Chief Justice maid that the first answer was no
verdict, but what the jury subsequently said was the red
verdict. There would, however, be a rule for a new trial
unless the plaintiff would consent to have a verdict 11,01111 t
Mr. Elate, jun., only.

COURT OF PROBATE AND DIVORCE.
(Before the J edge Ordinary.)
BUSINESS OF THE COURT.
The list of matrimonial causes set down for hearing Burin;
the present term contains 109 cases. This is 5 lea thou
the number oo the old paper ; but owing to the unfortuuate
circumstance which led to the premature closing of the
court before the long vocation, the diminution is probably
apparent only. There are no fewer than 34 jury tows, to
of which are special. Chore are four suits for restitution,
three for declarations of nullity of marriage—including the
petition of Lady Crampton, twelve for judicial separaton,
and four for judicial separation or diaeolution. The rest
are for complete divorce.
There are still five probate causes which are to be tried
by juries.
TEATILLN V. TEATILAIL—NEW TRIAL.
Mr. Yeatman (a barrister) moved in person for a see
trial oo the ground that the verdict (which had been in
favour of his wife on the IRMA/ of adultery and desertion)
wee against evidence. The adultery was alleged to have been
committed with a person styled the Prince of liohenloheat a
place in the neighbourhood of Heidelberg. There was no evi-
dence to rebut the direct evidence of witeseme against whew
credit nothing bed even been iosiousted. The learned pen.
bionic also argued that the verdict as to the desertioo had
been against evidence, and also that Sir Cresswell Creswell
had misdirected the jury in leaving that question to them.
Sir James Wilde said that the question was on the record.
which proposed to be a statement of the points raised
between the parties.
Mr. Yeats:oath abandoning that point, contended that at
all erects there was no evidence to prove the charge. if the
evidence proved martini* at all, it proved n
ote desertion bat
wilful separation, provision being made for espoodent.
Sir James Wilde—The note of Sir Cresswell is, that tb!
petitioner" aepareted from his wife without proper excuse,
Mr. Yeatman contended that the finding would Didier-
Pott.„tbe,Plea ; at all events, that there was no proof to
justuy the 6adiog.
Sr J. Wilde granted a rule Mil on both points.

COURT OF BANKRUPTCY.
(Before Mr. Oommissiouer Holroyd.)
1/1 ItZ RUST 111LDTTC11 .101121,1011.
The bankrupt wee a wine and hop-merchant, of the
Circular Vaults, fit. Pool's-churchyard, lied of Mark'
lane. This wee the adjourned examination in ttiog. The
aceounta embrace some very large items. The leak'
rapt owes to unsecured creditor', 8,0851. ; to ereliton
holding security, 11,2011.; liabilities on bills. 9.4111.: ditto
on socommodatioa bills, 2,0701. ; creditors to be • aid in fall.
1624 The assets are returned at about LOOP/. ; prnps
held as security, 39981. The bankrupt's expenihture forth.,
two yearn preceding his bankruptcy bad bees 51 'Of. mid •
Mr. Linklater appeared for the assignees, . Irvin; Inc
creditors, and Mr. Lawrence for the bankrupt. The
aim did not object to the bankrupt passing his %animation.
Mr. Irving, oa behalf of creditors for upward- of littral/..
asked for at adjournment. The accounts had taken lire
months to Ale, sad they had only ten days to cr.:odor them