The Sun.
London, England, 1854-06-01 00:00:00

LAW INTELLIGENCE—(THIS DAY.) 1 st.
io
st.

COURT OF QUEEN'S BENCH.
(Sittings in Banco.)
THB RIVAL OPERA-HOUSES.-LIIMLET V. GTE.
This case, which has become somewhat celebrated
from the number of times it has been before the public,
came on again this morning in this court, before Lord
Campbell, Mr. Justice Crompton, and Mr. Justice
Erie, for argument to show cause why a rule nisi, ob-
tained last term by Sir F. Thesiger to set aside the ver-
dict obtained against the plaintiff, should not be made
absolute. Sir F. Thesiger, Sir Fitzroy Kelly, Mr. Hag-
gins, Q.C., and Mr. Huddlestone, were for the plaintiff,
and the Attorney-General, Mr. Bramwell, Mr. Wills,
and Mr. Creasy were for the defendant.
It will be recollected, that an action had been brought
by the plaintiff, the lessee of her Majesty's Theatre, in
the Haymarket, against the defendant, lessee of the
Royal Italian Opera, to recover damages from defendant
for having induced Mdlle. Johanna Wagner to break her
engagement with plaintiff, to sing at her Majesty's
Theatre, and contract with defendant to sing at the
rival opera house. Upon Mademoiselle Wagner
being announced at the Covent-garden establish.
ment, the plaintiff, George Lumley, obtained an
injunction from the late Sir James Parker to restrain
her from singing there, which was confirmed, upon 11,
an appeal, by the Lord Chancellor. The plaintiff then
commenced his action, which was tried in February last
at Guildhall, before Lord Campbell, and a verdict given
for the defendant ; the jury finding that he, the de-
fendant, had no knowledge, at the time of his con-
tracting with Mdlle. Wagner, that Mr. Lumley's con-
tract was then in existence.
Lord Campbell having read his notes of the evidence
taken by him upon the trial,
The Attorney-General then proceeded to argue against
the rule, giving a history of the first acquaintance with
Madame Wagner, and contending that he, Mr. Gye, had
long contemplated the engagement of the lady before
Lumley had obtained her, and in fact had been under
an understanding that she would appear first with him ;
and finding that was not to be the case wished to arrange
for a few nights' performance after her engagement
at ber Majesty's Theatre. The learned Attorney-
General then alluded to the circumstances of Mr. Lum-
ley, and at some length contended that Mr. Gye had
done no more than in a fair spirit he had a right to do,
namely, snake her an offer to come out at his theatre, if
her contract with the present plaintiff was not likely to
be carried out ; and, also, that the plaintiff had failed,
by non-payment, to render the original contract a
valid one.
[We shall give the result in our late edition.]

GROSS CONDUCT OF A. SHERIFF'S OFFICER.—The At-
torney-General, previously to this case coming on moved
for a rule of attachment againt Henry Luckett, an offi-
cer of the Sheriff, for having abused the power of this
court by giving the summonses of this court, ordering
jurors to attend the Grand Juries for Middlesex, to his
assistant, William Luckett, whom it was alleged, had
offered, for a gratuity of 55., to let persons, who were
summoned, off serving. It did not appear that Luckett
had received any money. Lord Campbell said there
could be no doubt the conduct alleged was very gross,
and granted the application.