The Express.
London, England, 1847-12-10 00:00:00

CM Ent*Manta.

Excirmat-ax.—Nance.—irhen any cause appointed for trial on •
particular day shall be shade a rernanet, without any precious appli-
cation or intimation us the wort, with cause will take ita place in
the cause list of the following aiding*, after all the causes that way
remain noticed.

EQUITY COURTS.
retire the TICFCROZOCROT of England.
BtOcE e. DUMlCHAlL.—Arrucanon FOR AN INJUNC-
TION V NOIR A PATRNT Fox MARINO CAUPITS —Mr. Bethell
and Mr. Campbell moved for an injunction in this etas to
restrain the defendants, Mears. WMichael and Grienton,
fram colouring or printing, or causing to be coloured or
printed, any worsted goods, according to the invention of a
person named Richard Whytock, or otherwise in infringe.
meat of the letters patent granted to the plaintiffs. The
plaintiffs, Meson. Block and Bets, were carpet manufac-
turers at Halifax, and were assignees of the patent from the
inventor, Richard Whytock. The original patent was
granted in 1832, arid upon an application to the privy
ctuncil in 1816 it was extended for hve years. The specifi-
cation of the patent described the invention to be an im-
provement upon the previous proem of skein dyeing and
ratio g, and of rendering yarns party-coloured one
et a time, or a small number at a time, previously
In arranging or forming such yams into • warp
eir chain, the said party colours beseg applied in such
Oder of succession along the length of earn yarn or set of
as should be suitable for the production ef regular
or patterns in different fabrics, particularly velvets,'
R7vet piles, Brussels, Wilton, and Turkey carpets. The de-
, gandante, who were carpet manufacturers at Bridgenorth,
were alleged to have infringed the plaintiffs' patent, by using
[machinery very nearly similar to that of the plaintiffs, (or pro-
daring the same effect in colouring skeins of wool and other
materials. Much evidence was produced on both sides, and
it was contended for the defendants that the invention was
I not new, and that the patent was consequently invalid, and
also that there had been no infringement whatever on the
' part ef the defendanta.—Mr. J. Parker and Mr. Lloyd 'p-
rated for the defendants.—The Vice-Chancelor said it
appeared from the evidence that the defendants bad notes
yet made any profit by what they bad been doing,
even if it were an infringement of the plaintiffs' patent.
There might be questions rsised as to the validity of the
patent, still there was the fact that the patent had existed
ever since 1832, and had been renewed by the privy council
la 1846. There did not appear to be evidence on the part of
=Miffs that then had been great'use made of the in-
down to the time of the renewal, but since that it
bat Ws very much used. There did not appear to be such
cop Wong evidence of the validity, as that the court could
ony it was so clearly good that an iujunction ought to be
rased. It bad been said that the defendants had made
some /attempt to infringe the plaintiff.' patent,' but yet the
machinery they had end was so systematically altered, that
it might be very long before any injury could be done to the
plaintiffs. At any rate, there was not such a representation
of immediate injury, u would induce the court to
interfere by injunction. There were two distinct
questions therefore, whether the patent wu good and
whether it had been infringed.—His Hoaour considered the
mune mat consistent with justice would be to let the mo-
tion stand over, and direct an action to be tried at law, and
there might be mutual access to the machinery of both the
plaintiffs and defendants.

Wore vier.Cbancellor Weems.
Ronoalta O. NOWELL.—INJUNCTION.—Corre.—The bill
was pled in 11143 by J. Rodgers and Co., the well-know n
cutlers of SheiNg, spinet the defendants, J. Nowell,
W. Newell, sad W. Redeem' whom it sought to restrain I
from using the plaintiffs' trade marks, and particularly
• mark cosaldia of the wards "J. Rodgers and
Son," wrara by a mown placed between the
initial of the rigor g 0111011411. The defendants alleged
that they were able fa permemidp as sutler at Slief-
mil that ma or of *lk ilea wee named J. Rodgers,
they _beil a right to re the acct la wrecks. Theplaintiffs,
of applying few as Injusellee is the meal way, by
in tideservey motion, breed re awns to a herby upon
U^ .ich they had resit* 1111 pew thee there waa
ao Ira et wailers at ShellW imp War own, known by
the ewes et "J. Reiser sad ler" AU dee bearing in
Mr, the wart, net Shield.' lb, riders eatisteetety, gave
the plead& the optics to Neter the bill fOr a year,
with liberty to try th sligkt at law, bat spa the
term et Ile grind& grime werr of ghe
deer is. agsity. Upon re d the erten
is Jas at a wrist wee Mod tribe pike& en all the
tweak ear atterwarde, wtztoishandeMente ',Ara ar s
the
•
now trial, the Core of bodes whom
ere wee tried, Writ to gar a ride to drew muse. The
err now came back open tribe illentione.—Mr. Molina
and Mr. Ghee asked *it the Writhe Night be made per-
petual, and that the daintemate Night pay all the meta both
at law and in Ville. Kenyon Parker, Mr. Romilly,
and Mr. James ter the .defendants, objected to the
=
et the rele the Wiese, in mirth en the ground '
bed bus hued ressereive et the bestimg, red that
the ore theme bag, by *1 dune then reds, been fired
era rte plaintiffs. —His Roam Rik a isms raking the
ininerket parasol, beg verarad his *gibs wpm
elf Nets till Wt. Mit" emuttli tat Se plalatlaUN ,
Via bead theism

COURT OF QUEEN'S BENCH.
sump a three.
Juana"' Fees.—At the itrag ethos rug so ',Oration
Irma we by a gartaim, ore rare ester had en several
=eirved on "seal judo ire essaion juries, with-
out radial payment the bie sorra ; that, as he
certain fees irreparable terra a fund for the
routineragria of *en; and that those thee had bra
grime >ti hle absesse, and without We orniagly coterie(
Ms than. of them. He wished to know Weedier there was
an in the Snail Arra Court, at elsewhere, by
whit \markt room what he conceived to be thee to him.
—Lord Denman If you have any claim I have no dear
that the law will give you the mum of eakedag it.
Postrin. e. PRIPPAID.-1$ TICE Chntin 07 are
ESTATE LIABLE FM DAMAO' DONE TO PROPLETT OW
LANDO ADJOINING, ET PINE NEGLIGENTLY LIGHTED OW
NIA LAND BY Ms BEAVANT?—This was • regal ere,
which rimed the question whether an arise val lie
for the damage consequent on a the beiag an Verse
on rue the servant of the owner as to 110
isiory to poverty. The declaration Awl that
the senset el the wreagedly rildeg. end I that
and kept to be Vshted, a welds Am Is seek a earger, neg.
asg, re improper armor, awl at a lire des, by nano
of the elate of the woothor• MOW 4......711.pr.
to do, that injorynowned be repoglrel the ea
whinny land. She ddiainetellod ea the nodes of
dna Cies e. 78, whioltentole That "se eeiea,
or possum whatever, shell be bed, reeritthA on prow
earmok ardrit any pdieermw k ether bow" ser. stable,
In" or ether bell or se elms Ew than as-
, dismally bells. Nee nod asy seances an
een be ante by
mi pans he any Immo seioai litneby." —Mr.
Nana% he Mapleisdll Met semen law the
Mthilindlowl Ow ihe Wake that nisht weal' ken
zllcer al kle eseerat In detain with Ire,
end WOW* al tie 14n On. 111. we in fist
• hold est, epanthe ta antrepeinut dhedeb
.Nye Ind et se asp
is that pat of mho
*hoe the ewe of setion bed ashes. If, bow-
er!, seen thenkt dna doe elelein re the per-
liesber seed= ad It, wet leaved fie spentiest be dwelt!
admit Met the wen `•arsidestel " eseld set be appliedn, to
ea on whisk. theenk esistentes inswithed desig
wort on the bee of too mem& be Jahn to be reddest, au&
Iwo,
as& ebvieuelydeeneen.--Nr. Setient Xiaglake, for
dekelest, &dela that the laspese of the seeders
showed hto be of 1111.10Olsathericy ; that dos inettha of
the losidetere welaZeot endow and stun *akin the
osaarquereee of whin k was shod, is
I loe then to elated : the aatural 'uter-
i garooka at the woe neddienal " led to Warne'
Nat it was only men to netivale ere enedened by it Ind
and that tleirerg of WO Lwd Chenedler and
) to esterlais Lied Oaillebnyra thin he OM.
=lfor this loos of by Anshan by the Ike at the
mof Parltermat wee beaded on • like view of the
statute.—The toot took time to crakkr *judgment.
Pittman e. COLLING.—COXITZBOTION or AN AGNEW
MINT TO ALLOW • CLEAN C010133•ION ON PROFITS.—
This was ea sulks to worm the ma et money due to the
girt soar emogreareat by with lethittrelad to serve
the dellreint sediela amnia bedew fro is years, sad
the doilmist method to pay Ida yearly, and every year.
as mho dreeldoestinse end remain such clerk, the ewe
of Mei. by equal swelorly laysents, and over end above
In aid nod lON on mash lawful annoy at would
anew* to 15 per east. of the pada d the bedews, der
elf eskes, done, der, owl miens whisk
/red lidmsdpie paid on payable k raped el the bed-
sew, sad all Menet ea aphoL awl- keen sod damps
skit elowld *
reins ell bad debt, owlespenn
Tb• isettien La eon wan whither the Mt wet
added to the of 15 per nat, at the ead el ewe
lnonsis
a • sot tpeehis sheik, or t&edier, al
mthe &aids Wen is.
We 111 ent. ka nay es •
one eseertsinei by euiing ell the Ikon of Me wohiettallde
=wen is ther
_dwombilidathr:4lo6 sr the awe Itettorme
lb. Oink he the *Wig, nod M.
did— he Owlet Wee of opinion that
:Itzineneet nen the plaintiff a tide to receive at
ed
tie ekes demi year, end that the wade "pee'.
and ray yes " r seversed the wheletithe eisensest oe
owls& the sottaa the phdedif ansailed to teln the
Atork el nen than ese&di year at a tiati...7edssnd fie the
&astir
COONTOtrwrRICEMCIIIIR.
ta those.
Ran mina Courixe.—ln this cue,
vend*, Mr. Ben neund Ids
famisse kr the pha,
.4 hit toll prwar le moth Mon

41=is.11P1Mt, Bill 181111.111111101,1111.1111nallpimmi77. ••• -
Oats ..Aseinutastr, Thar 9.—Pasisersism: G. D. 11 W be
likomm,..,4mommon. muom IrO Cbdr COUlti2E RI
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Ildba.ti Mime.
Mae (WWI IL Coal& atrott Loath Coloso• Vorialuis Tait RAS? 111:01
Irbil& us partboard
lIILITARY. sad fit
judeterpterdstii
Potmegivr, 9.—The ltt bet. 711tli Ibia lid** Ommt
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