The Sun.
London, England, 1837-06-07 00:00:00

LAW INTELLIGENCE.

. COURT OF KING'S BENCH, JUNE 6.
'nu: KING V. THE RECORDER OF POOLE.
This was a rule fi- a mandamus against the defendant,
ccremakul,„,:- hips to enter continuances, and hear an appeal
„g,i,„;t, a ,itc. A. rate had bcon ordered to be levied to
pay the expens--2s to. narrying into effect the new Muni-
cipal Reform Act ; and a r. Francis Turner gave notice
of an appeal in the following :—" 1, Francis Turner,
bang an inhabitant of Poole, gild being called on to pay
the rive hereafter ,mentioned, hernby give notice that I
shall appeal," &c. The 92d Section o the Act declared
" that if any person shall think himself aggriared by such
rite he shall appeal to the Recorer, who bhati have the
pcni.er to hear and determine the appea! against the rata,''
It Was objected that there was no direct statement in the
notice that the appellant was a party aggrieved, and that
statemea was considered by the Recorder to be neeeoary,
and he refu,-d to hear the appeal on account of the want
of it. The case had been argued some time ago, and the
Court had taken time to consider its judgment.
Lord DENMAN', in the early part of the morning, deli-
verc,' judgment. He said that some difference of opinion •
had exhited, but the result of all their consideration was
that there nyist he's meaninadtached to the words cf
the statute and there could be cone but that which Lord
Tenterden and Mr. Justice Bayley had given them, and,
therefore, the notice which did not state that the party
was a party aggrieved was, for the want of that statement,
insufficient. The rule, therefore, must be discharged.
Rule discharged.

BAIL COURT.
POCOCK V. THE LONDON AND BIRMINGHAM IikILWAY

COMPANY.

Mr. BALL moved for a rule, calling on the defendants tc
show cause why they should not proceed to assess the
damages done to the property of Mr. Pocock by their oc-
cupation of it for the purposes of the railroad. Mr. Pocock
had complied with the requisitions of the Act in having
tendered his estimate of the damage sustained, but the
Company had not proceeded to assess the amount.
The Cooler granted a rule to show cause.

COURT OF COMMON PLEAS, JuNE 6.
DOYLEY V. ROBERTS.

This was an action of slander, brought by the plaintiff, an
attorney, against the defendant, his brother-in-law, for hav-
ing used " of and concerning him, and of and concerning
him in his character as an attorney," the following words :
" lie has defrauded his creditors, and was horsewhipped off
the course at Doncaster." The case was tried before Mr.
Baron Park at Gloucester, when a verdict was found fur
the plaintiff—damages 501. It appeared in evidence that
the plaintiff was a " regular sporting attorney," and a fre-
quent attendant at horse races and steeple chaces. In leav
in' the case to the Jury Mr. Baron Park had put to them
three questions—first, whether the words had been spoken
by the defendant of the plaintiff? to which the Jury re-
plied that they had : secondly, he asked them whether they
were of opinion that the words related to him in his pro-
fessional character ? and they answered that they did not :
the third question which was then submitted to the Jury
was,-. whether the words had a natural tendency to injure
him iri his profession ? which they found in the affirmative,
and accordingly gave 501. damages. The Learned Judge
gave leave to move to enter a nonsuit.
A rule Nisi for a nonsuit had been obtained in a former
Term by Mr. Godson, and now came on for argument.
Mr. Sergeant TALFOURD showed cause against it, and
submitted that as the Jury had found the verdict partly in
favour of one side, and partly in favour of the other, it was
not competent to the defendant to move to enter a nonsuit,
although he might have moved an arrest of judgment.
Mr. GODSON, on the other side, contended that it was
absolutely necessary for the plaintiff to show the connection
between the words and the character or the profession of
the person to whom they applied.
The COURT were of opinion, that for a nonsuit they
could see no grounds ; but they thought that the judg-
ment ought to be arrested. So much of the rule,
therefore, as regarded the arrest of judgment must be made
absolute ; but the remainder, which had reference to a non-
suit, must be discharged.

COURT OF EXCHEQUER, Ju.v.m 6.
REDDING V. HOLDEN.

Mr. THESSIGER showed cause against a rule obtained
by Mr. Platt, calling on the plaintiff to show cause why a
bug;estion should not be entered on the roll so as to deprive
him of costs under the 431 of George 111., for arresting
the defendant without reasonable or probable cause, for a
larger sum than he was awarded by the' jury. It was an
action of assunipsit, tried before Mr. Baron Parke during
the late sittings, when plaintiff had a verdict for 1 U. 12s. 6d.
—Rule discharged.

PREROGATIVE COURT, Ju.vE 6
BARKER v. GOD%VIN AND BARKER.

This is a suit respecting the validity of the will of the
late Mrs. Elizabeth Barker, who died on the 29th of De-
cember, IBJS, at Cheriton, near Winchester, a spinster, at
the age of :.bout 80 years. The deceased left persona:
property to the amount of 3,0001. The will, concerning
the validity of which this suit is instituted, was executed on
the 23d of April. 1834, and after bequeathing some few
legac:es to the nephews and nice« s of the testator, gives the
whole residue of the property to her only surviving brother,
Mr. George Barker. It :s opposed by those parties who
would have been entitled in distribution, if the deceased
had died intestate, on the ground of testamentary inca-
pacity on the part of the deceased ; and undue controul,
alluged to have been exercised by Mr. George Barker in
obtaining the will.
PIIILLIMOUE appeared for Mr. George Barker
in fivour of the will ; and contended that the tact allege.'
on the other side of testamentary incapacity on the part of
the deceased was entirely without foundation.

Dr. LUSH:NG-FOS, oil :he other side, contended that it
was fully established that the mind of the deceased had
been impaired by the sudden death of her brother Edmund.
Dr. ADDAMS' remains to he heard on the same side.

POLICE INTELLIGENCE.

HATTON-GARD.EN.

Yesterday James Burke was placed at the bar, charged
by Mr. Lewis Baker, of Bich-street, Islington, with a vio-
lent as:ault, and also with haying assaulted William Jack-
son, constable of the N division, in so savage a manner
that his life is in danger.
Tile prisoner denied the charge, but le mls remanded
unt.l the rite of .Tsekson was made known.

Other iodividuals were charged with attempting to res-
cue the prisoner, and were ordered to find bail.

QUEEN-SQUARE.

Jtdia Henrie, a very good-looking girl, decently clad, wa:
charged with hav:n7, attempted to commit suicide.
A police constable of the A division stated that on the
opening of the enclosure in St. James's Park yesterday
morning, the dcfendaat took off her bonnet and shawl, end
was in the act of jumping in at that part facing the Horse
Guards, when he arrested her progress, and conveyed her
to the watchhuuse.

The girl, in defence, had not the money to pay her rent
‘vith, and that di,tress had driven her to attempt self-de-
struction.

She was remanded until Friday, the worthy Magistrate
giNing her some 6ilver for refreshment.

WORSHIP-STREET.

Yesterday Joh,/ Garnoa and C ecil9 Garuon, brother and
sistz.r, respectably connected, were brought before Mr.
CODD, charged with setting fire to the furniture of a bed,
wilfully intending to destroy the premises of Mr. William
Poul, oilman, No. 7, City-road. Cecily Garnon was placed
at the b tr on a separate charge.
heard,After evidence bad been the prisoners were dis-
.

charged.