The Sun.
London, England, 1830-06-14 00:00:00

COURT OF KING'S BENCH.

After hearing motions of no public interest the Court
proceeded with the peremptory paper.

TEE KING V. THE JUSTICES OF GLOUCESTERSHIRE.

Mr. CAMPBELL last term obtained a rule calling upon
the Justices of Gloucestershire to show caused why a
mandamus should not be issued, calling upon them to re-
hear an appeal which they had dismissed. The facts were
shortly these :—ln one of the parishes in Gloucestershire
the two overseers had agreed, for their mutual convenience,
for one of them to perform the duties of the office for one
part of the year, and another the remainder part of the year,
which was accordingly done. When the period arrived for
them to pass their accounts, one overseer objected to the
accounts of his co-overseer, and lodged an appeal against
their being allowed. This appeal came on for hearing at
the Quarter Sessions, when, after one witness had been
examined, Mr. Justice, on behalf of the respondent, ob-
jected to the jurisdiction of the Court to entertain the
appeal, inasmuch that the person complaining was in fact
complaining of his own acts, the law making the act of
one overseer (in his official capacity) the act of both.
This objection was allowed, and the appeal dismissed.
A mandamus was in consequence applied for to obtain a
re-hearing.
The ATTORNEY-GENERAL, Mr. JUSTICE, and Mr.
ALEXANDER were heard this morning at great length
against the rule for a mandamus, and :Mr. CAairneu, in
support of it.
The COURT, after some consultation, directed the man'
damurs to issue, as they were of opinion that one overseer
was competent and legally authorised to object to the ae;
counts of his co-overseer, and also that the Court 0
Quarter Sessions bad jurisdiction to adjudicate In all suet%
cases.—Mandum us granted.

COURT OF COMMON PLEAS.
MORSE CASE..-11ARMNI. V. SMITH.

This was an action brought for the recovery of 641. the
cost of the keep of a horse, tried before the Lord Chief
Justice, at the last sittings at Guildhall. The verdict
was for the plaintiff. Mr. SeijeantLna now moved
that this verdict be set aside, and a nonsuit entered. The
grounds of the Learned Counsel's motion were as follows.
That there had been no evidence whatever of purchase of
the horse by the defendant. That the plaintiff had care-
fully abstained from bringing his action for the recovery
of the cost of the animal ; but had contented himself with
sueing for its keep alone, well knowing, that if the de-
fendant should be found responsible for its keep, he could
easily prove him responsible for the price of the horse in
a subsequent action. It did not appear that there had
ever been any notice served on the defendant to take the
horse away, or indeed any intimation on the part of the
plaintiff that he would have been allowed to do so on ap-
plication.

LORD CHIEF JUSTICE—Take a rule to show cause.

HICKMAN V. WAKLEY.

This was an action on a bill of exchange for
1041. 10s. 6d., drawn by the plaintiff and accepted by the
defendant, dated the 4th August, 1829, and payable six
months after date. The case was tried before the Lord
Chief Justice at the sittings in Guildhall, on the Sth in-
stant, when a verdict was returned for the plaintiff.
Mr. Serjeant WILDE moved that this verdict be set
aside, and a new trial granted. The evidence adduced
by the plaintiff consisted simply of that furnished
by the bill of exchange itself, which, on the
face of it, and which he (the Learned Counsel)
believed was strictly the fact, had been drawn
for " value delivered in paper." Now the truth was, as it
h.td been contended en the part of the defendant, that the
bill was accepted not for paper actually delivered, but to
be delivered to the defendant ; it was well known to the
plaintiff that Mr. Wakley was not a dealer in the article,
but simply the Editor and Proprietor of the Lancet, for
which work the plaintiff was aware the paper had been
purchased. No paper had been delivered for a long time
after the bill had been accepted, not indeed until a few days
previously to its becoming due, and then in so small a
quantity (only three reams), and of so wretched a quality
as not to be at all merchantable—so bad in fact that the
plaintiff mot have known it could not be used for the
specific purpose for which it bad been purchased without
material injury to the interests of the Lancet. Due notice of
this had been served upon the plaintiff, who nevertheless
persisted in supplying paper of the same inferior anti use-
less quality. Under these circumstances he (the Learned
Counsel) thought the Court would be of opinion with him,
that no consideration had been received by the defendant,
and that consequently there had never been any due ems•
cution of the contract. Before he concluded, he begged
to say a word in reference to the Jury, before whom the
case had been tried. In the first instance, after some con-
sideration, they had returned a verdict in favour of the
plaintiff—" for paper delivered;" and on being informed
by the Learned Judge that they must return their verdict
in snore general terms, they again consulted for a still
longer time, and eventually brought in a verdict " for the
plaintiff,"—contrary, in his the (Learned Counsel's) opi-
nion to the clear facts of the case, and clearly indicative
of their total ignorance of the merits of those facts.
The COURT granted a rule to show cause.

(FRONI A CORRESPONDENT.)—it is perhaps
not generally known that Prince FREDERICK of Prussia,
wire has lately arrived in this country, is the eldest son
of her Royal Highness the Duchess of Cummtgadoin, by
her first marriage, with the late Prince FREDERICK
Criaatas Law's, brother to the present King of PRUSSIA.
Prince FREDERICK was born on the 30th of October,
1794, and married in 1817 Louisa, Princess of Anhalt-
Bernburg, out of which marriage there is an issue of two
children, viz. WILLIAM LEWIS ALEXANDER FREDERICK,
born on the 21st of June, 1820, and FREDERICK WIL-
LIAM GEORGE ERNEST', born on the 13th of February,
1826. Prince FREDERICK is the present candidate to
the new throne of Greece, vacant by the resignation of
Prince LEOPOLD of Saxe-Coburg, and will ultimately be
the only successful one. Allied by family connexion a ith
the reigning dynasties of Great Britain and Russia, though
standing in no relation of consanguinity with either of
them, he will give jealousy to none, and bring on the
other hand that support to the new state, which is so
essential towards establishing its political independence,
whatever may be the extent of territory conceded to thil
new kingdom for the present.

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