The Sun.
London, England, 1839-05-30 00:00:00

At the sitting of the Court this morning, the Lord
Chief Baron announced to the Bar, that the Court, anxious
to get through' all the business before them, had deter-
mined to take adVantage of tie late Act of Parliament,
which 'enabled the Court to sit in Banco out of Term ; ;
accordingly the 'Court' would sit in Banco on the 13th and
14th of June, on which' days they would take the Special
Paper. As it was not likely that the whole of the latter day
would be so occupied, they would immediately, upon the
disposal of the last case in the Special Paper, proceed with
the New Trial Paper, which would also be taken on the
15th, 19th, 20th, 2lst, and 22d of June. ,
watt]) v. pYRNE.
The plaintiff in this case had lann a tow,g traveller. in
she service of `tlie'defdnditnt.. enteriqg sack service
he entered into a -bend; "by which he bound himself
not to "'follow Di' 'be Criiplayed in the same. business"
of a' coal;.merChant within nine months, or 80-licit, or
sell coals to- any' of the plaintiff's customers within
two years. Within the nine months after leaving
the plaintiff's employment he entered into the service of
the Protector Coal Company, and for such breach of the
contract the action was brought. It was tried before Lord
Abinger, when he thought the defendant, being merely a
servant of the Company, and it not being proved that be
ever solicited orders, there was no breach, and the verdict
was for the defendant: A rule for a new trial h.aving been
obtained, cause against it,was shown to-day*by M. Kelly
and Mr. Addison who contended that the condition
could not mean to deprive the defendant of all employ-
ment—it was that he should not set up in business for him-
self to the detriment of the plaintiff. If it was to be con-
tended that the defendant was to be deprived of all means
of livelihood for nine months, then the condition would be
void.

Mr. Miller, in support of the rule, contended, that
the meaning of the bond was to restrict the defen-
dant from in , any way entering into the coal
trade for nine' months after he left the service
of the plaintiff, so that he might not he able to
give the knowledge he had of the plaintiff's business tp a
rival coal merchant.

The LORD CHIEF BARON said the opinion be bad formed
at Nisi Prius had not been altered.
Mr. Baron PARKE ,thought the bond was entered into
clearly for the purpose of preventing the defendant from
injuring the plaintitrin his business, which be would be
enabled to do by entering into the service of any coal
merchant.
The other Jueges, Barons Gurney and Maule, agreed in
opinion with Mr. Baron Parke, and the rule was made
absolute.

THE CIRCUITS.
The Judges met together this morning in the Exchequer
Chamber, when the ensuing Circuits were chosen as under:
HOME.—Lord Denman, and Lord Chief Justice Tindal.
MID LAN D.—Lord Abinger, and Mr. Justice Littledale.
NORFOLK.—Mr. Justice Vaughan, and Mr. Justice
Bosanquet.
OXFORD.—Mr. Baron Alderson, and Mr. Justice
Williams.
WALES.— Mr. Justice Pattison, and Mr. Baron Gurney.
WESTERN.—Mr. Justice Coleridge, and Mr. Justice

Erskine.
NORTH ERN.—Mr. Justice Coltman, and Mr. Baron
Manic.
Mr. Baron Parke to be the Judge in town.

BAIL COURT.-(THIS DAY.)

LEWIS V. FULLARTON.

The Court was occupied the whole of the day in hear.
ing the irguments of Counsel, upon a motion made by
Mr. Kindersley, on behalf of the plaintiff, the proprietor of
" Lewis's Topographical Dictionary of England," to re-
strain the defendant from publishing and selling any copy
or copies of " Ball's Gazetteer of England and Wales,"
which the plaintiff alleged was a piracy of his work.