The Sun.
London, England, 1836-04-18 00:00:00

CHANCERY COURT.-SATURDAY.

BATE V. FOLEY.

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In this case an injunction had been obtained to restrain
the defendant from drawing out of the bank of the plaintiff
at Stourbridge, a sum of 2,0001., which they claimed to re-
tain as a deposit to meet a demand of 1,2801., the balance
of an account kept their house by the proprietors of the
Bradley coal-mine. The plaintiffs had previously had
their right to recover by an action at law, to which the
defendant pleaded the statute of limitations : and although
the jury found in their favour, the Court of King's Bench,
on a motion for a new trial, came to the conclusion that
the statute did bar the right of action. The plaintiffs then
filed their bill, in which they sought to fix the persons to
whose name the money stood in their books as trustees, who
held the 2,0001. to liquidate their demand when the amount
was ascertained. The Vice-Chancellor, on a motion to
dissolve the injunction, was of opinion that the fact of the
trust could not be established, and against the decision of
his Honour refusing to continue the injunction the plaintiff
now appealed.

The SOLICITOR-GENERAL being heard in support of
this appeal, and Mr. JACOB against it,
The LORD-CHANCELLOR was of opinion that the deci-
sion of the Vice Chancellor must be affirmed, and the
injunction dissolved.

VICE-CHANCERY.SATURDAY.

DAVIES V. BANKS.

Sir C. WETHERELL moved to dissolve an injunction ob-
tained ex parte, restraining the Dean of Windsor from pre-
senting the Rev. Mr. Fletcher, or any other person, to the
chapel of St. Leonard's, at Bilston, in Wolverhampton.
The chapel of St. Leonard's is one of the few elective vicar-
ages, the right of presentation being in the householders of
Bilston. By the bill it was alleged that upon a vacancy it
was the duty of the chapel wardens to give notice of a new
election, to take place in the chapel or adjacent school-house,
upon which occasion the chapel-wardens were to act as re-
turning officers, and a separate roll of parchment, duly
stamped, was to be provided for each candidate, upon which
their respective electors should enter their names in their
own handwriting with seals affixed. The roll which had
the majority of signatures was then to be transmitted to the
Dean, countersigned by the chapel-wardens, as the pre-
sentation. The present vacancy occurred last January.
The Rev. Mr. Fisk, one of the plaintiffs, and one of the
defendants, the Rev. Mr. Fletcher, were the candidates.
The election took place, when Mr. Fletcher had 1,784
votes, and Mr. Fisk only 1,339. On the 12th of February
the chapel-wardens, one of whom was the friend of Mr.
Fisk and the other the father-in-law of Mr. Fletcher, made
their report of the state of the poll in the form of a certi-
ficate to the Dean, declaring Mr. Fletcher to be duly
elected, and this instrument with the polling-books, but
without the signatures of the electors, were transmitted to
the Dean of Windsor as his authority for admitting Mr.
Fletcher. The three other plaintiffs beside Mr. Fisk were
householders, who objected to the mode of election as a
deviation from the ancient usage, and on their application
the injunction had been awarded.
aONOUR said quite enough had been stated to show
that the Court ought not to interfere. The injunction must
therefore be dissolved, with costs.

KING'S BENCH.-SATURDAY.

HOPKINS V. CROWE.

Sir F. PoLLocx moved for a rule to show cause why
the verdict for 51., given for the plaintiff in this case,
should not be set aside, and a nonsuit entered. This was
an action of trespass and false imprisonment. The plain-
tiff was a cabriolet driver, and the defendant was the son
of the owner of the horse and cabriolet.—Rule refused.