The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-31 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY. Lnicoves.txv.
FaIDAY. limy So.

ROE V. ALDIRNAN MATTHEW WOOD AND
OTHERS.
Mr. HBALD moved to set aside en attachment
which► had been issued against the Defendant*, for
contempt of Court. in not answering the Planitiff's
bill. The property in dispute between the parties
are certain mitten in Cornwall. The cireun►staoces
that made the present lion necessary lies in a
very narrow emitters'. although the ergomrt►ts of
Counsel occupied the Court the better part of tan
days. When the Plaintiff filed hi• original bill
against the Defendants. they immediately prepared
their answer. At this period an aeti was brought
in a Court of Law, by a third person. against the
Plaintiff. relative to this property, on which a cosi.
ference took place brtwert► him and the Defeo-
&tat, Alderman %Visor!, who had also an interest
in the result of the action at law, awl they agreed
to make it a coin cause against the Plain-
tiff at law. and Alderman %VOW, sugge►ted tha►,
if Isis and the other Defendant's answer to the
Plaintiff's bill was put iii, the Plaintiff at law
might get a copy of it, and become poasersell of
facts which would be of essential use to him in try-
ing the action►, on which it was agreed that the De-
resident.' allover should be lodged in the Master's
Office. instead of being put on the records of the
Court. They afterwards, its the year ISIS. agreed
to stay all proceedings in the suit at equity, mud the
ease rested there until the yth of the present nsonth,
when the Plaintiff served the Defendants with no-
lice to put their answer in forthwith, and if they
failed to do so, that an attachnieut should issue
against them fair a contempt of Court. Ott the
Defendant, Alderman Wood, receiving this notice,
he answered that neither he nor the other De.
frndants would put in their answers, as they con-
sidered the suit abated, us they had by agreement
stayed the proceedings, ou winch the Plaintiff
issued the attachment against the Defendants. The
Learned Counsel contended that the Court ought
to overrule the attachment, as by the deed of agree-
ment between the pettier, the suit woe abated ; hut
if his Lord-hip was of * different opinion. it was
but fair that the Defendants should have further
time to answer; for in► the course of three years,
which► had elapsed since the answer which was
lodged in the Master's Office had been sworn, their
belief might have altered ; besides the Defendant
Ilenjamiu Wood, who was its the possession of the
facts of the original transaction with the Plaintiff.
resided in Cornwall, and it would be necessary For
the other Defendants to have a communication with
hill before they put their answer in.
Mr. Stheisorrost followed ou the seine side.
The ATTORNEY.GINBRAL. Counsel for the
Plaionff, contended at considerable length, that
his client was induced to enter into the agreetuent
to stay the proceedings without knowing the effect
it would have, as it never was his inteution to abate
the suit, which was proved by the bill nut being dis-
missed. He was convinced that the Defendants
did not believe that the suit was abated, for if they
had, they would have had the bill dismissed, and
as the suit was pending the Defendants were liable
to be called on ■t any time to put in their answer.
He could not see what claim tl►e Defendants had
on the indulgence of the Court. so as to induce
his Lordship to set aside the attacluneut. In his
opinion the answer which the Defendant, Alder•
man Wood, returned, when he was called on to put
its his answer. was as great a contempt of the
Court as a man could be guilty of.
Mr. MONTAGU and Mr. SHADWELL followed on
the rime side.
Mr. HEALD replied.
The LORD CHANCELLOR observed. he would
give his judgment on coming into Court
mousing.

INJUNCTION.
NESTOR V. NAEGoUGAN.
Mr. WETNERELL Waled, an ex parr(
motion for an injunction to restrain the Defendant
from issuing and accepting bills of exchange in the
names of the firm of the Plaintiff. The Defend-
ant had been the clerk of the Plaintiff, who is an
army agent, and afterwards the Plaintiff gage him
r share of the profits of the concern. The Defend-
ant's circumstances became involved, and hr was
ROW a Prisoner for debt in the Fleet Prison, and he
had threatened to issue bills of exchange on the
partnersh►p account. Under those circumstances,
he had nu doubt but his Lordship would grant the

motion.
The LORD CHANCELLOR-4' You may take
the injunction, un condition that you forthwith
serve the Defendant with notice of it."
Motion vented.
His Lordship ruse at half-past two o'clock to
atteud a Cabinet Council.

VICE-CHANCELLOR'S COURT. lancoLm's-ligx,
FRIDAY, JULY 30.

DUNE OF SOMERSET V. TURTON.
Mr. MERRYWEI.T. stated, that he appeared on
behalf of the Plairdiff, who had filed a bill, the
object of which was. that a reference might be
made to the Master to deter what comprnsa-
-11011 was due to him by the Defendant for the non-
perforatiat.ce of a contract entered into between the
vat, tiew and also to restrain the Defendant from
taking any further proceedings, in consequence of
a verdict attained in a suit at law to recover a sum
of 8551, which had bran deposited by Defendant
in the hands of Plaintiff's agents on the conclusion
of the agrermeipt. The Learned Counsel then 'pro-
ceeded to read the facts of the case as follows :
In December, 1814, large estates belonging to the
Plaintiff were void by auction by Mr. Christie ;
and of them &tyro or eight lots to the Defesidard,
for the sum of 8,5501. The conditions of the ark
were—that the purchase money slsoold be paid into
the hands of blesses. Alexander and Beser.solicitora,
of Newcastle, woo. to the Plaintiff; before the
lush of August of the following year. and that the
timber and underworal were also to be taken on •
lair valuation, after which the purchaser was to be
put in totatiessittii. Sir Thomas Tumors pool 855/.
to Messrs. Alexander and Briar, bring 10 per
crust, oil the pot-comae, but afterwards wished to get
it track and avoid the performance of the contract.
ohjecturg to tile Pbriestiff'a title, though it was per-
frctly good, rod Hu pains were spared to convince
lulu of that, abstracts of the title deeds having been