The Sun.
London, England, 1854-02-06 00:00:00

LAW INTELLIGENCE—Feb. 4.

COURT OF. QUEEN'S BENCH.
(Before Mr. Justice Erle.)
ALLEN V. HUTCHINSON AND ANOTHER.-ILLEGAL
DISTRESS.

Mr. Serjeant Miller with Mr. B. Miller appeared for
the plaintiff ; and Mr. M. Chambers with Mr. Dowdes-
well for the defendant.

The plaintiff in this case is a pianoforte maker, and
brought the action against the defendant, who is a timber
merchant, and who is also the landlord of some premises
which had been occupied by the plaintiff, in Tottenham-
court-road, to recover damages for an illegal distress.
The plaintiff dealt with the defendant for timber, and
various transactions had taken place between them with
regard to the Rice of the timber, and the rent due from
the plaintiff. In the beginning of last year, the defen-
dant had put in an execution into the plaintiff's house
for rent which he alleged to be due, and under which
some of the plaintiff's goods had been sold. Witnesses
were called on the part of the plaintiff to prove that he
had, some time before the distress, paid the defendant
71. 10s. for the quarter's rent then due, for which the
defendant had refused to give a receipt ; but this was
contradicted by the defendant, who stated that it was
paid for timber which he had supplied to the plaintiff.
The principal question was whether the money was paid
in respect of the rent or the goods. A great number of
witnesses were called on both sides, and the case occu-
pied the entire day.
Mr. Justice Erle summed up, and
The jury returned a verdict for the plaintiff, damages
351.

COURT OF COMMON PLEAS.
(Before Mr. Justice
_ Talfourd.)
HILL US V. FLURRY. ACTION FOR WAGES.
The parties to this suit are nearly related, the plain-
and Mrs. Flurry, the defendant, being
tiff, Mrs. Hill,
sisters. Mr. Sill keeps the Gospel Oak tavern, in
Kentish-town, and Mrs. Flurry's late husband formerly
kept the Welch Harp, Edgware. The action was brought
against Mrs. Flurry, as his executrix, to recover three
years' wages for services rendered by Mrs. Hill to Mr.
Flurry as barmaid.
Mr. Serjeant Byles and Mr. Ball appeared for the
plaintiffs, and Mr. Bovill for the defendant.
The plaintiff's case was that she went to the Welch
Harp about June, 1847, to help her sister to make some
baby linen, and that after the child was born she con-
tinued at the Welch Harp, and acted as barmaid until
the middle of the year, 1850, when she herself was mar-
ried. During this time she frequently requested some
settlement as to her wages, but Mr. Flurry told her not
to make herself uneasy, for she should be handsomely
rewarded whenever she left. While she was there she
had about 151. to buy clothes with.
In the cross-examination of the plaintiff, it was stated
that Mrs. Flurry was not married until September,
1847, and the plaintiff then said she supposed that she
had only been at the Welch Harp for two instead of
three years.
Mr. Herbert, the landlord of the Sing's Arms Hotel,
Palace-yard, said that the wages of a barmaid would be
about 181. or 201. a year.
The defendant's case was that her sister had stayed at
the Welch Harp, in order to have the advantage of a
home and protection there ; and that she never was a
servant at all.

Mr. Sergeant Byles, in reply, urged upon the jury
that Mrs. Hill had spent the best part of her life, when
just growing into womanhood, in the service of Mr.
Flurry, and ought to be compensated for it. He had
looked at the jury, and he thought he was right in say-
ing that none of them was under 25 years of age, and
some of them—they would pardon him—were unmis-
takeably aged. (A laugh). Now what would they give
him if he could take them back again to 20 years of age.
Or he would put another case. Suppose he had that
power, and that he went to the Emperor of all the
Russias and said to him, " You grisly pated old man of
60—(laughter, what will you give me to take you back
again to the age of 20 ?" For doing so, he should ex-
pect he would make him a present of all Russia, all he
cribbed from Persia, and all he hoped to get from Turkey.
(Renewed laughter.) He urged upon them that Mrs.
Hill had well served the deceased Mr. Flurry, and that
she was entitled to recover from his executrix in the
present action.
Mr. Justice Talfourd observed that he did not agree
that everybody would be willing to make any sacrifice
to be made young again. On the other hand, it was his
opinion that every stage of life was invested with attrac-
tions peculiar to itself, and he for one was not desirous
to retrace his past life, and become youthful again, but
was content to run the race which Providence had
marked out for him. His lordship then pointed out the
various circumstances which had been given in evidence,
and he concluding by leaving the whole matter to the
jury. _ _

The jury after considering the case for some time gave
a verdict for the defendant.

TAYLOR V. TILLEY.--RUNNING DOWN CASH.