The Sun.
London, England, 1836-12-07 00:00:00

DOI3SON V. LYALL.

In this case the plaintiff, Mr. Dobson, a merchant of
London, was the first mortgagee of a ship in question in
the cause, called " the Tam O'Shanter." The defendants

were Charles and William Lyall, carrying on business as
co-partners in Calcutta, under the firm of Lyall and Co.,
.—Mr. William Lyall carrying on business in London on his
separate account, under the firm of William Lyall and Co.,
and the second, third, and fourth mortgagees of the ship
were also made ..defendants. Messrs. William and Charles
Lyall claim to have a lien upon the ship by virtue of what
is called " bottomry bond," and which lien, they contend,
is paramount to all the other interests in the ship. The
question is to what, if to any extent, the bottomry bond is
to have preference over the mortgage to the plaintiff, the
decision upon which will decide the question as to all the
subsequent mortgages.
Tne case was being opened by Mr. Kindersley, the
plaintiff's counsel, when we left the Court.

KING'S BENCH.-(T HIS DAY.)

',Sittings at Nisi Prins, before Lord DENMAN, and a
Common Jury.)
ENNIS V. WItAINCI!.

This was an action to recover the amount of a bill of
exchange for 401., drawn by 'William Clarke, accepted by
the defendant, and passed to the plaintiff. The bill was
dated the 11th April, 1835, payable three months after
date, and the defence taken to the action was, that the
defendant was at the time he accepted the bill an infant,
being within the age of twenty-one years.
Mrs. Beswick, mother to the defendant, and two of his
aunts, deposed that Henry Wrainch, the defendant, was
born on the 24th December, 1814, and consequently that
he was under twenty-one years. of age at the time the bill
was drawn. The register of the defendant's baptism, at
the parish church of St. Pancras, bore date the 14th De-
cember, 1814. The mother was re-examined upon this
point; and said it must be a mistake, as the defendant was
born on the 24th December, Christmas eve, 1814.
Mr. PLATT addressed the Jury for the plaintiff, and
Lord DENMAN, in summing up, observed that there could
be no doubt in the minds of the Jury, as the date of the
defendant's birth had been distinctly sworn to by three wit-
nesses, who were most competent to give evidence to the fact.
Mr. PLATT said if that was his Lordship's opinion, he
would prefer to have his client nonsuited.—The plaintiff
was accordingly nonsuited.
There were two Special Jury cases, and about a dozen
Common Jury cases on the list for to-day, but the former
were withdrawn, and the parties in the other cases were not
ready when they were called on. After three or four had
been struck out,

The ATTORNEY-GENERAL prayed the indulgence of the
Court for a few moments, until he had ascertained whether
the solicitor in the next cause was in attendance.

Lord DENMAN said the parties had no right to calculate
upon other cases being tried before theirs. Every person
having a cause upon the list for trial, should be in attend-
ance at the sitting of the Court. _

The ATTORNEY-GENERAL—I admit, my Lord, that
according to the old rule every cause on the list is the
first cause.

Lord I) ENMAN—That rule has never been set aside, and
it is a very good rule. Without such an understanding the
business of the Court could never go on.
All the cases on the list, with the exception of the last,
having been struck out, or otherwise disposed of,
Mr. PLATT observed that it was not yet eleven o'clock,
and hoped the Court would allow it to stand over for a
short time.

Lord DENMAN (with much emphasis)—Mr. Platt, don't
let us bear such an excuse for the non-attendance of attor-
ineys, who ought to be here at nine o'clock on the morn-
ngs when their causes stand for trial. There is no severe
dealing in the course which the Court is pursuing, but the
severe dealing is in the conduct pursued by the attorney'.
towards their clients ; and I know not how long clients will
submit to have their interests thus neglected and betrayed.
Any case on the list may be cplled on at the sitting of the
Court, and it is highly important that that should he gene-
rally understood.

His Lordship afterwards observed, that if the parties on
both sides were ready, in any of the cases that had been
struck out, he would now hear them ; and no one having
answered, the Court rose at eleven o'clock.