The Express.
London, England, 1866-02-10 00:00:00

YAW INTELLIGENCE.
(THIS DAY.)

00IIRT OF QUEENS BICNOTL
Atte Tem
Lord Mid ns
Jet►
Pri sitttep
a w et
W s.) al Jo
Spe estradastee.—(Befose
the ties l al
- - -

CAMPBELL V. LORD WiELOCE.

Ns w M ;10M0111 to renewer 500 guinea* for On use
• meepation of a furnished house, No. 49, Estop-plow.
Tye defendant pleaded that the house wee infected with
so :fain noxious ioseot—to wit, bogs.
ttr. Huddlestoo, Q. 0., and Mr. Stretton wets comma for
*plaintiff ; Mr. BovW, Q. 0., and Mr. Kerslake,
vise ociumel for the defendant.
Th. p 1 lut,ft, Colonel Campbell, let the premises in
iktion to the noble defendant, through his agent, Mr.
hoe, for a period from the 22nd of April to the Ist of
optst last, for • sum of 500 guineas. The premises were
previously occupied by • Mr. and Mrs. Dundee,and on
odir leamm, the noble defendant took possession. The
servants sassed as the 22nd and the family on the 28th.
gam, however, the servants arrived, the lesreed counsel
for the plaintiff eta the butler appeared dissatisfied
with the house, and was surprised that the noble lord
should have coodemmoded to take so smalls residence. No
compLaint was made by the servants bedew the family
wind, bet on the following morning Mr. Douglass wen io-
formed of the assoyantse the family had been put to during
that night from the bugs. Mr. Douglass's' foremen
went to the house, and permission was granted to
examine the beds and bedsteads, the whole of the latter,
with the exeeption of ono, being iron. Three man were
y sent, and orsounenced to examine the beds and
re°de"al, when they were interfered with by the butler
and one of the footmen, and they had to leave.
funeral applications were made to his lordship
to allow the examination to proceed' bat it was
aIkIIMIM, and the learned counsel said he should
be able to show that his lordahip's family
made no oomplaist, but that it would turn out It MOM
front one of the servants. His lordship then removed to
Farranoe's Hotel, and afterwards took Lord Lichfield's resi-
dame Oa Dover-street, which ne doubt was more in mooed-
WOO Mftb the butler's views. The sensate did not leave
need the 31st, when they removed. Upon that men
were sent in to make • thorough examination of the
Donee and furniture, and It would appear that
the house was not in the onditioa alleged, and so far from
being infested and overran with bugs they found only two
Of three, but whether lett by those who previousiLoant.
pied the haw or brought by anyone else the intiff
maid set say—there certainly was not sufficient oust' to
predate the inoonvenienee complained of by the noble de-
-feedlot.
Mr. J. F. Lawrence, clerk to Mr. Douglass, gave evidence
ef the letting of the home to his lordship.
[The case was proeseding when our roped left]

COURT OF COMMON PLEAS.
SAUD". in Bance.—(Before Mr. JtiaMoe Willer, Mr. Jos-
tles Heating, and Mr. Justice firtith.)
TIM LONDON AND BRIGHTON RAILWAY 0011BAXT, ABM-

LANT V. WALTON. lIMPONDIErI.
This was an appeal from a county court decision. The
respondent carried on business in Park-street,
oroyeloo. On the afternoon of the 14th August, the plain-
tiffs cart and horse were standing in front of his shop.
A cart of the appellaat's was drawn up immediately babied
it, and both horses were unattended. The next thing that
happened was, that the plaintiff's horse was found through
the plata glue window, but no one saw how the acoideet
happened. It was suggested that the appellant's horse bad
moved on, and so pushed on the respondent's cart, and
caused the accident. The county court judge left the
one to the jury, who found for the respondent for 351.
Mr. Hannon now submitted that the only negligee**
alleged was the horses had been left unattended, but thls
being so both parties were equally in fault, and therefore
the judge ought to have told the jury that the respondent
could not recover, inaamnch as there was contributory
negligeace on his pert.
Mr. Ropsood was for the respondent.
The court, after hearing the argument, directed that
there should be a new trial upon the ground that the
judge bad not properly directed the jury ; but they de-
clined to go the leogth of saying that the judge ought to
have withdrawn the cue from the jury, because they
thought that the question of contradictory negligence was
for them.
Appeal allowed.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
PATIBSON D. CORDILIY.
This plaintiff, Annie Paterson, propounded the will, dated
the 12th of August. 1865, of James Cordrey, formerly a
fellmonger in Bermondsey, and late of Clavertoe-street,
Pimlico, who died on the 4th of September, 1865, at the age
of 62. The defendant, who was the widow of the decreased,
pleaded undue execution and incapacity in opposition to the
will.
Mr. Kerslake, Q.C., and Dr. Spinke appeared for the
plaintiff ; sod Mr. Sorjeant &Duties. Dr. Tristram, and
Mr. Waddy for the defendant.
An outline of this use has already been given, and it was
contended oo behalf of the plaintiff that although the
testator had towuds the close of his life fallen into habits
of drunkeonero and immorality, he had retained complete
possesion.of his genies, and was perfectly competent to axe-
cute a teet.meotary rament at the date of the alleged
will. The defendant, Mrs. Lois Oordrey, a very infirm old
woman, stated that for the greater part of his life the de-
ceased bad been a good husband, an affectionate father, a
religious man, and a consistent member of a dissenting con-
gregation. In 1858 or 1859 he had a long and serious illness,
after which be began to be very eccentric. In 1861 he
informed her that be had taken a new wife. She
began to cry, and then he told her that he
was following the example of Abraham, Solomon.
and other Old Testament saints. [lt may be ob-
served that though he was not married to Patera= as be
had proposed, they privately read over the order for the
solemnization of matrimony before they began to cohabit
with each other.] M's. Cordrey and her witnesses detailed
a peat many other examples of her late husband's eccen-
tric sad indecent behaviour ; and a considerable body of
evidence was given to show that during the lest
three or four seen of his life he had really been quite unfit
to bonnet business. It appeared that the friends of a
women other than the plalotiff with whom he had lived
had brought actions against him for breach of premise,
borer, assault. and trespass. It was suggested on the one
side that the will end a deed also executed by the testator
gave nearly the whole of his estate and effects to Paterson ;
sad on the other that he must have left a good deal of pro-
perly over which those documents would not operate, and
which would therefore come to the widow.
Sir J. Wilde summed up strongly against the will, and
the jury wthott hesitation fated for the defendant.
The court therefore pronounced against the will, but re-
served the question of costs.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Winslow.)
IN ILE MITCHINSON.
His Honour sat in chambers and disposed of a short list
of business, including one appliastion for release from I
custody by the Rev. Thomas Yorke Mitchinson,
late assistant chaplain on the Beogal establishment, bet
sow a psis••ner for debt in the custody of the Sheriff
of Middlesex in Bower's Lock-up, Bream's-buildings,
Chancery.buse. He presented his own petition, attri-
buting his diMeultiee to "loos of appointment as assistant
chaplain on the Bengal establishment, and subsequent in-
capacity to follow his profsssioo, both arising from
ill-
health.• The preliminary list shows debts to the extent of
1,7081., many of the creditors residing in India.
Mr. Allen opposed the application on behalf of Hamra
&nye and Co., of Calcutta, the detaining *tedium. He
said that the bankrupt had left India owing debts
there to a considerable amount, and he had recently
executed a bill of sale, thereby divesting himself of all
his property. He raised two objections to the bankrupt's
appliaatioe, via, that the notice was inenlicient, and that
the bankrupt had vexatiously defended an action brought
wrainst him.
His Honour —Yon may object on the ground of Junin-
classy of notice, but I cannot deal with the vexatious
defence now.
Mr. Allen urged that his clients bad not yet received any
intimation of the bankruptcy, or of this application.
The Commionioner—But you do not mean to 000 tend that
the bankrupt must remain in confioement until you can
ixassuaicate with Messrs. Smyth, of Calcutta!
Mr. Beverley, who supported, urged that the best possible
notice bad been give°.
Mr. Allen submitted that the application should stand
over until after the meeting for choice. It had not been
Joins that creditors would be benefited in any way by the
release being ordered.
• The Commissioner (to the bankrupt)—Can yet show that
there will be any advantage in my releasing you'.
Bankrupt—It will be of cineiderable advantage to myself.
(A laugh.)
The Commissioner—l do not mean that ; I mean to your
coeditors. The application most stand over until after the
Isesting for choice.
Adjourned accordingly.