The Express.
London, England, 1853-11-04 00:00:00

TIC LOID 1111110 31110111. ILIO

it MINOS Is

Pace, au. 5411111 at.onnsow, aa. ma. sues hall'.
111111 ST V. W 613.17111.— RIVAL irroaolosarr.
Mr. Hawkins, on the part of the plaintiff, appeared to
allow cause against a rule which had been obtained by the
defendant to rewind an order made by Mr. Baron Parke
on the 6th June last. This was an action brought by
Samuel Emery, the well-known actor, who in March, 1851,
entered iato an engagement with Mr. Webster, then leesu
of the Haymarket and Adelphi th , to perform at
those theatres for the ensuing seasons of 1851-2 and 1852-3,
commencing on the 29th September following. The
plaintiff was to receive 61. per week for the first,
71. per week for the second, and 81. per week
far the third year. He began his engagement at
the Haymarket, and continued to perform there until
the defendant ceased to be the lessee. He was then trans-
ferred to the Adelphi, when he performed until the 19th of
March last, when he wu dismissed from the defendant's
service. He subsequently brought an action for an improper
dismissal from the defendant's service, in answer to which
the defendant paid 321. into court, being the amount of one
month's salary. The plaintiff took that sum out under an
erroneous impression that he did not receive the amount in
full matisfactioa of his demand, but such was the effect of
his doing so, from the nature of the pleadings. Application
was then mad. to Mr. Baron Parke at chambers to set aside
the replication on payment of costs ; and an order was
made by that learned judge accordingly, as also to allow the
plaintiff to reply damages ut ultra. Against that order the
prevent role had been obtained.
Mr. Hawkins having shown cause against the rule, it was
supported by Mr. Bramwell and Mr. Wordsworth.
The court held that the rule must be discharged, it being
clear that the plaintiff bad acted under a misapprehension,
and he was entitled to retrace his steps, upon payment of
cots.
Rule discharged.

EXCHEQUER CHAMBER.—YESTERDAT.
The learned Judges of the Courts of Queen's Bench,
COOIIIIOO Pleas, and Exchequer, assembled this mornine in
this court, for the purpose of appointing the days on which
they will sit in error.
The Lord Chief Justice of the Common Pleas announced
that the court would take errors from the Queen's Bench
on the 10th and 15th inst., and from the Exchequer on the
28th inst. On the 22nd inst. the Court would satemble for
the purpose of de:leering judgment.
SITTINGS AT 15151 rates AT WINTITINSTAII:=1100AB MI. SAXON IRA.

1711 AND COXED!. JURIES.

This Wel the tint martins at nisi prius during the present
term. The list contaias 46 eases, of which 18 are reinsnets.

1.,' RILEY V. LEADER AND ANOTHER.—OPERA ATALL9.
1 his was an action brought by Mr. Lumley to recover
fron the defendants lea, the account for boxes and stalls
at t,r Majesty's Theatre. The defendants had pleaded
fraud, but on the cue being called on no one appeared on
their behalf, and
The jury, under the direction of the learned judge, re-
turned a verdict for the fu.l amount claimed.
FRANCIS V.

CARTEL. LEE'S ENTER-
TILL:MIXT.
This wee as Waco to mover the 115 of 61!.16,. IL,
the esesat et • wr ioter's bill. The defeadaat usply
pleaded "ism bullhead."