The Express.
London, England, 1864-05-03 00:00:00

COURT OF COMMON PLEAS.

~ttivJ BILDeo.—
aica. W_ill-(Before Loyd Ckief Justine Elle, aad
amis, Bile, Yd Keating.)
-.:ti,ALL v. THE HOB. ItLialt TILVIRTOII.—EICISBALTIO
suPPIJID TO NM YELTIRTOS.

qr. If. Smith, Q.C., said that he had team, as behalf
me lion. Major Yelvartm for • rah to set aside the
writ of summons and subsequent proceedings in this case.
The plaintiff was • geatleamn living at Hull, sod be sued to
„ow a $lllll of money for asemearim supplied to • lady
sho :Wined to be the wife of Major Yelvertoo. The major
sot a domiciled Foglishman, for this had been decided
the Court of Probate, elms the lady sued few a magi-
„lion of conjugal rights ; sod spas this grated it
h,l been held that the court had so jariediotioe.
writ in the action now before the court was
tied under the 18th section of the Common Law Procedure
t. L.:1..% a section which allowed a writ to be used
oust a British subject residing out of the jurisdiction of
e court. There was as affidavit by a clerk to akm of
actual in Paris that Major Yelvertos was served with
..e wr.t of summons in Paris on the 2nd January ; but the
;:ettnt motion woo made upon two grounds, that no ease
action arose within the jurisdiction of this court,, sod
that the affidavit of service of the writ was untrue.
mr. Judi°, Willes—The action warn brought upon so
:rib judgment!
Mr. `with—Yee.

Jacise• Willee—The Attarney-Ciencesl for Ireland
lid the learned advocate got • clause put into the Coarsen
Procedure Act Cu its passage through the Howe of
ommons, ezelulng actions upon judgments in Ireland and
\\Aland.

Mr. smith—An order was obtained from Mr. Jurtios
Keating upon the usual affidavit, allowing the proceedings
t.• be continued ; that order was made on the 4th February,
I,ti it woe not served in any way natal the 16th April,
.tee it was moved upon the lisesra. Tibbetts and Elan, al
• •e•lane. who were not Major Yelverton's solicitors is any
except this, that they were agents for the Scotch
which wu conducting Major Yelverton'e appeal to
ice House of Lords against the decree of the Scotch court,
dez:trieg the marriage valid. The order directed the service
ci the declaration in a particular way, but the present
4p:ication, of course, west to the root of the whole
rveedinits, and it wag neesuary to make it, because other-
vs. •judgment might be obtained in this court, he being
c the back of Major Yelverton.
The Lord Chief Justice said that the Brit paint seemed
ii,ry plain one, but as to the record, it generally hap-
:4:4 that there wu the answer to inch a point, that
r..rt had been some misleading, so that the wrong perm
tat been served with a writ.

fir. Smith said there had been no misleading so far se
YICR Yelverton knew, nor did he impute perjury to the
:ot who swore the affidavit, it was simply a mistake.
Yelverton swore that be was not in Paris, but 200
;es ewer, daring the month in which the writ tram said to
kave been served upon him in Paris. He added that he
iJ not hear of the supposed barrios until the 25th of April.
Rule greeted.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
WILLIAMS V. WILLIAMIL—.II7DGMOIT.
NI 1,14 a testamentary owe, triad by Yr. Baron Pigott
Monmouth assizes, and resulted is a verdict setablishMg
it mil.
•,:r J. Wilde refused a rule for • new trial, but ordered
to costs of the opposing party to be paid out of the estate.
BRADLEY m BRADLET.—nrociarr.
Mil was a umilar MO triad at York with the like result.
Sr J. Wilds refused a new trial and made no order as

~; ,~1.

1111 i W 077 V. NA 111RACOTT AND ILLSCI7II. —JIIDGYINT.
thu case the jury had found for the husbead, and had
ressed the damages at 2,5001. ; bat they had been
Mlumed from retuning a verdict on the counter
t.;stion of cruelty. A new trill was moved fur oa the
r tbst the jury ought to have found upon all the LIMN
have been discharged upon all.
-r J. Wilde said that the allegation of cruelty had no
wariality except in so far as it would have assisted the
-at in forming an opinion upon a sootier which would
are given it • diacretion in dealing with the maim charge. If
gory had found a verdict upon the ism it would no
.:u have assisted the court, bat otherwise it had no bear-
:: spot the petition. There moat be a decree nisi, with
em; for the cruelty had sot been made out to his (Sir J.
satisfactioo, the evideme having failed, not is fall-
Mort, but in going too Ear, and being
:a entitled to credit. At the mine Zz
‘lidurst of the petitioner could not have ame
el to aayone that had heard the trial. and the deniers,
:form, after payment of the petitioner's simples of mete,
: be settled oo the respondent, dam meta vixerit.
.e Solicitor•Genoral—But suppose she dose not live
isle
• • •‘. Wlide—ln that cam it must be settled on the

EtY:I.TON r. HAMILTON AND HIENTNGTON.—JCDOMMT.
Is this cam Sir J. Wilde varied the settlements, and A-
syut the damages 15,0001.) to be settled on the two sons
..te marriage, the isstoriat to socinnulato till they ra-
pe.t.ssly tams Of

COURT OF BANKRUPTCY.
(Before Mr. Registrar Botha.)

FREEMAi, —BLIT raireas DI TIM MO= 'MDT.
Teu eu the Ant meeting far prod of &het sad eltoice
iacgneet. The bankrupt was a lug* thnbee wierehaet,
I el eaeroad, Berateadeey.
7:e total liabilities are about 20,0001., with oceseiderable
Vets.

Mews. Wild and Barber, of Iroomonger-lane. appeared
tore to the proceediegs.
Proofs of debt to the anoint of several thoeireds of
M. :da baring been admitted, Mr. Atherton. of Crooked-
:4c timber merchant, sad Mr. Langton, of Cannon-street,
sae appointed assignees. Mears. Wild and Berber carrwd
choios. The next sitting will be held on the ittla of Jame.
SIIALI2I.—TBE ARSOLT OF Al MIAS COUNT.

Jimenez..
was the first meeting for the proof of debts and
:e of assignee* tinder the bankruptcy of Thomas Ilmalen,
Acton-square, Hackney, paymaster on hide-pay in her
army. The total liabilities ere between 24004
and the bankrupt states, "I attribute my bank-
t:uy to the result of a court-martial in India, the don-
ut, of par, the expense of bringing myself and family from
134. taring a wife and sight children, any half-pay bony
a per day, mod my inability to obtain employment le
c*. life." It may be remembered that the same of this
itv:ernaa was frequently brought before the public in coo-
wtot with the Crawley court-martial
amignee was chosen and the next sitting was fixed
sth of Jane.