The Express.
London, England, 1849-01-17 00:00:00

BAIL COIIRT —Yinenner.
rim Pares.
Dom Dn. Howe e. Ty omicron AND APOTEII.-1,01,
Lows= op JOANNA BOUTDICO27.—ML Lsi lehe 01.10•11
for ibe !Maffei and Ms. Co: append kr do dvkadoork—
Xr. Loa NOM do on 011ie bey, en sold Obit wee
Si anus leenght by the Sous et Os *kW to we
peaseedes ef owns lend, sollesse, ea/ a .
by
b r
nevi, denied an
WWII ha boss left to My a
rs =alimiThille' Inn TheesteS Mid Mr.
Phipps, to whom Menkeltheat left by the same will,
had, la ha. last, pauseed thineelthe a the propmq
weieias
quacks; hues it wee ansuaryth brim the 'mem- t
The this wits= allot .as Xr. spearar, who owed that
he was ezesaese to Mn. Bore's will. who died la 1844, and
that the deksials had taken pessedia of the property la
quoin is J , 1848 —Croce by Mr. x:
Winne was a Riwar of June Oseelestt, as was also
the Into Km Ism. The chapel are= es .
Hunles ComallS IPSO as a mesh" the
din*, of Jams Henthent. the
book sew peeinsel(sikessed to Mn. Townley), sad Galled
The ern- Iffstelase of Juana Sentheett," to ben is.
spired weehrlionenissi by Mr. Lash : There wee no-
thing is the • wings of Joann ihatheott, in
itneses nines, notary to the scriptures.—Mr.
Kent, secs to the late Mrs. Bras,
that he was atteetlog wittiest to Mn. envoil
will. The vii was pat is and reed, by which it appeared
that the peeperty fa question Ina left to Mr. Moque s
Howe, the mooed@ of the sansto be applied to the pilot-
ing, rable and propentiag the works of the late
Jana lionthiott.—ln answer Ito a queetioa from Mr.
On, the nines Spumer stated that, atter the parent of
the bond expanses of the testatrix and the tunas left
ands the will, there was aoth/og ressiniag of the pummel
estate to pay the debts, @stones( to 1001., there they
were mill aapaid. Mr. Cox, as behalf of the defendant, said
be had three objections to take to the plantar. cue. The
tint was that the plaintiff was not she proper party to
have brought the preset action. The senator was the
right perty to have done so, inusesela ea the just debts of
the testatrix sot having been settled, Mr. Howe was not
entitled to the posesaion of the property. The mooed (Nee-
lion was, that tie devise of the estate to Mr. Howe was void,
socordies to the statute of Morten*, which prohibited real
prouretibeing applied to such a purse u that stated by the
testatrix in her will. The third objection was, that the ap-
plicatioa of the proceeds of the mute, according to the will,
was "tee contrary to public policy, I. it was to promote the
distribution of isreoul, irreligious, and ma indunt trash.
Mr. Judos Erk directed the jury to find a verdict for the
theening have for the learned counsel for the de-
fenses to more es all the three objections which he had
raised.

COURT 010 QUINN% ftllNClL—Yeamanns.
Mier is Banco.
Cosset V. HUDSON.—FALSI haltsounsxr.—This
was an action against the below of the Queen's prison for
tales imprisonment, and the ease cane before the court upon
a demurrer to the defendant's pleas.—Kr. Cobbstt was heard
in 1 erns in sappers of the demurer, and Mr. 17nthank for
the defendant ; after whisk the newt Intimated that they
would consider the points raised, and deferred thairjedpsent.

COURT OP COMMON PLlAls.—Pierairay.
Stamp in hoes.
CANT V. HODGES, EXECUTRII.—MITION POE NIIIIAINO
A Pinion DORM lumau.—This we. an action tried be-
fore Chief Junkie Wi.de at the sittings after last term,
brought to newer as:Va for the attendance sad wir-
eless ammimeed by the awing illness to the deceased
Binned of the ant was executrix. It
then appea that the plaintiff, a Male woman, had for
many years be.. the kept mistress of the deceased, a puma
of some property sad had bee the mother of a child by
hint in 1840. l,a 1164 the *Wig was living with her
father, when the deemed memeed, as he was very ill, that
she should some to reside la his home to nurse him. This
she did, attending him during a lingering flame, not being
treated se a servant, and remained up to the time of hie
death. It was proved the deceased told plaintiff's father that
if God spared hum he would allow her double what he had
pat down upon a Mee of paper for her good behaviour.
There was also given in evidence a memorandum in de-
fendant's handwriting, as follows :—" To Maria —,
I have requested Mks (the defendant) to give you 201
(altered to Kt), which I have named to &Manus (his
brother), Tootblos to do with my will. I also wish her to let
you have mar areasity." It seemed an annuity of 201. had
been regularly paid he the maintenance of the child sine*
its birth. and wee dirmind to be continued by deceased's
will. An mated the plaintiff prmed she was present when
deceased alikeed the sum of WI. ft that of 601., say*, it was
a reward Nee
lames lengthened Meadanoe epos him, he
having livedthan he had expeMed; and the aunt
entrained ea meemisa the memomadura with her woes.
After the hmsag, limn, produced this paper, and 'biased
her 601., bat the doilminat laughed, sad Mill wee of no ,
me, as it was wimp*, sieved.; Upon these fens the jury
hand a media fee- the pidgin,. damages 601., leave being
re erred to the 'strode- t to move to enter • isarenit, in cue
the mart wore derision there was no evidence to go to the
jury.—Mr. Nimbler new mewed for a rule nisi amordingly,
andsubmitted there was so proof upon which the jam could
infer a prudes by the deceased to pay the plaintiff say sum
of money daring his lifetime. The memorandum
merely amounted to a statement of a past request, and pave
rise to no liability which could at any time have been en.
forced against the deceased. Bat the court were of opinion
there was quite sufficient is the facts proved to warrant the
jury is believing there was an undertaking by the deemed
to pay the inireesed sant of 601. daring his life time, inde-
pendently el say testamentaiy disposition.—Rule refused
seciedingly.
°RAINWEAR V. firastaar.—Noxivir ox • FAWNED
Isarc—Mr. H. Wilde now moved to set aside a sunsuit in
this ere on two grounds. It was a feigned issue directed to
be tried at the last Guildludl sittings by order of a judge,
under the laterpleader Act. It appeared that on the day on
which the case was set down for trial it was the lut on the
list ; but the earlier causes went off unexpectedly, and the last
ease being celled on no one appeared for the plaintiff, who
was in come queues nonsuited. He submitted a summit
could not properly ensue upon a feigned issue, which
was not subject to the man rake of practice as
actions at taw. Secondly, his affidavits stated mutt-
, eel had been retained, and that it was owing
to the demos of a material witness his client was not
prepared for the trial that day.— The court said there
was no reason why a plaintiff upon a feigned issue, who
was generally the claimant, should not be nonsuited. By
non.appearance he had los; his suit at nisi prius, and a non-
suit was the natural maul,. ns to the second ground relied
upon for tatting the lawsuit aside, the judge who directed
the issue, and not the ccurt, ought to be applied to.—Ap-
plkation refused.
Cain V. HANBARIL—FIaw TRIAL REM • CAVAN was
VNEXPECTIDLE CALLED Grey now moved, on be-
half of de.eadant's atterney, for a new trial in this use upon
payment of costs. The muse was set down for trial in the
paper cm the 13th of last December, at Guildhall. sit-
tinge, and then stood last in the list. His affidavits showed
his client was much engaged at that time in cooductlng two
other causes, sad was not aware until the previous evening
that this cause was so soon to come as for trial. He forth-
with hurried to prepare briefs for counsel, which were
not ready until the middle of the next day. A
learned salient had been already retained ; hat
not being in court when the came, those before having been
struck oat, was called on, the defendant's attorney instructed
Mr. Bramwell. in court at the time, to appear for him ; hat
Mr. Bramwell, being wholly unprepared, declined to do
more than apply for a postponement, which the leveed
judge, se the plaintiff did not cement, Maud to allow. The
cause was then tried, when ao one appeared for the defenl-
- and a verdict was found for the plaintiff fir 421. The
learned weasel now prayed that an opportunity might be
given to defend the action, his client Wag willing to atone
for his default by the payment of costs —The court granted
• rule nisi upon the amount of the verdict being brought into
court.—Rule nisi accordingly.

COURT OF EXCHEQUER-1f sarszosw.
!Wimp Is Damao.
WIIIITIAT IP. BOXSOL—ACTION 4110AUIST • flzmairr
roa ALIAS= NEGLIOIN(33.—TIit was an anise burgh'
tonligeues recover esupesaatio• free the sheriff of Surrey fer massed
u la use et his Ula in the sale by ction el a
vvaluableable pdalbe *add a. Itn.
append at theau rid, before
Mr. Bare. Pre; desies_the Worries" artier emit bet
Michaele= tee, that Kr. Mode Tema people's, ef the
Sum sear piper. lemmatised, is 1845, the =raki, is sunder
for 8.501 bin She Kern. Middieserod IkerkwuL The
railway pads Waft set In helm Or euggistieu or delivery
of the arghigq sad dr aduellemegle is Mr. Townes
weregspenk
waste
Area. hewing very cessidenbly
de card, it rocerery tee Mr. Yeamar's purees.
At his desire it wasesimed urn the ache's mares for
sore tine, although paid Ike. At lurk Mr. Tomei ob
tamed ea whores el raw epee the security of the machine
tram the plimilt who is a well-known publisher in the
Btned. Sherd/ afterwards as ezeostioa scalar Mr. Young
for 2451., at the gab el • Mr. fleent, was issued sad ledger
with the deferist. The iindine was seised ender that
nentics.Whoa the pisieM Mum ague of these pro-
seedless, eudgeei the ohne' elinst proseedieg with
the air, as he Ind • dein apes the writ, far wary
feat. The mar we stayed for • week by the mar el •
judge at dumber, upon the parade's pspiwg kto
court to
amid the sheriff. 21re nue was
not paid. the sale was proseided with at
Opesot pa ,come, InekkierM.reed, is the Muse of the
Elmira Am, armed Seal. There were oely sight es glee
psysoutment. era the Imelda* was sold far 1251 It ap-
peared were pusses dolma of purchasing it at 8001.
or 4001., mai dist a peedinga wu deputed by Mr. Harmer,
also • gnaw of Mr. Temp% to bid 5001, bat tkey knew
nothigg of tir sele =IR after it was all over. For the de.
fe it wee etateaded *se to obtain • larger prise the
utmost dalgause was used. lad every Won nage, by pub.
Whin edeertheneate of dr male by meths, and writing
denims to dare likely r require meek en grids. The
ahnir's ellen ailed peeve *fie Mr
ales at net if aw
ay to
meglipuese had leen annemu.
iteid, sad
the de
lelhadert wee held swgesslitio. be (wines) would, by
the wd bs led essentei win hise, eppdanem, be bard
to weinheen the dahrdert —Thelmeyeelereed • verdict bre
the deleadegit--Mr. Zwralny. Q.C., and purapar a
rub Me sew Wok ea two rank fief, dr of
dr riser% Aimee, sad, agesumlly, that the was
Nene endorse, ea it clearly were* 6001. Gorki have bees
hed kw the pgripertp if the ear Ind hem peeps* pulgined.
—Mr. Beni Flne UM be wesOnehiled with the-weglist He
thou
me mien hid hem —'fled by the iduleut,
awl dr Jury wen quite lading as they ha —The
rule wee emed upoa le& pens.
Noe Passes se Walahear.--111111= Mtn ism Mk lad • Ilidlanz
Oninsa lap.
GOODIN= IP. WA:TlM—Quorum or ClUtD7L—This
was au sotto* to a bill to mover the value of erten seeds
sold and delivered.—Mr. Rumbey mad Mr. Phipps appeared
bur the plaintiff, sad Mr. H. 1101 for the defeadest.—The
plaintiff is • cap maker at Easley, in 81affordshire 1 the du.