The Sun.
London, England, 1841-03-29 00:00:00

ROLLS' COURT-(THIS DAY.)

FENNINGS V. II UMPHERY. —JUDG MENT. nf
This was a motion to discharge an order obtained, a 6 "t.
course, whereby the plaintiff was required to elect whetlie
she would proceed in her suit in equity, or in her action .
law, which was alleged by the defendant, Alderman HumPherY:,
to be for one and the same matter. At the same On
the plaintiff had shown cause why an order nisi e
dissolve an injunction obtained by the plaintiff, to restrain the
defendant from proceeding at law, should not be made abso-
lute. It appeared that on the 13th May, 1837, the defendant
contracted to let to the plaintiff certain vaults near London
Bridge, which were then in her possession, for a term of seven
years and a quarter, to commence from Lady-day tut,
last, at the rent of 150/. a year ; and also contracted
excavate, build, and furnish another vault viith certain seigd
fled accommodations, and to erect a crane, with proper t
convenient works for the use of the plaintiff. The defetadanj
did not perform the works according to the agreement, to
the rent agreed to be paid by the plaintiff for the vault in hero
possession being in arresr, the defendant brought his aan,°d
against her for the recovery of the rent. The plaintiff fild
the present bill on the 24th of December, 1839, and PratA_
to have the agreement of 1837 specifically perforrne;
and that the defendant might be restrained fr°
proceeding in his action. The plaintiff obtained the col;
mon injunction to restrain the defendant proceeding in e
action for rent. The answer to the bill was filed on 1--0
27th of January, 1840, and fcr more than a year but
proceeding whatever had been taken in equity ;
on the 20th of February, 1841, the defendant clatained,_•-e
nf
usual order nisi to dissolve the injunction, and on the 26tnifie
February, 1841, the plaintiff commenced her action against be
' defendant for damages for breaches of the agreement. ,
the 11th of March the defendant, alleging that he 0,3,
doubly vexed by the plaintiff's prosecuting him at l e
and in equity for the same purpose, obtained the coition,
order that the plaintiff might elect, and this was the comer
which it was now sought to discharge for irregularity, ig
having been obtained upon a false allegation, that the plain
was prosecuting the defendant at law and in equity for t
same matter.
The MASTER of the ROLLS this morning gave judgments:
and stated, that as it did not appear to him the two suits vie:l;
prosecuted for one and the same matter, the order of the 11
of March ought not to have been obtained, and must therefor;
be discharged. With respect to the cause shown agailtre
di solving the injunction to stay proceedings in do
defendant's actions for rent, as the defendant, 00 the
one hand, admitted that he ought not to be allowed
receive the rent until the right was determined, and as on the
other hand the plaintiff ought not to be allowed to keep P
session without paying rent if the parties could not eon"
Peto
an arrangement, his Lordship thought it would be prar.4
continue the injunction upon the terms of the rent bet
brought into Court. tte
The case was subsequently mentioned by Mr. Jerrlin
who said that the parties would rather have the injunction
dissolved. The order for election was' therefore discharged,
and by consent the order for injunction was made absolute.

THE GALLANT CAPT.DOUGLAS.

At the Levee, on Wednesday last, Captain Dougle%
late Commander of the Cambridge, merchant ship,
presented to the Queen by Vis,;ount Palmerston, e- •
her Majesty was graciously pleased to confer on him the
honour of knighthood. The case of Captain Douglasis one of which this great maritime nation may well:er
proud. He arrived at Singapore the peaceful 0015"%.
of a merchant ship, but hearing there the condition
which Captain Elliot and ether British subject3lllf
China were then placed by the oppressive conduct °f
the Chinese authorities at Canton, he at. once got rid°
his cargo, purchased some 32-pounders, doubled °,l",
b
crew, laid in a hood store of ammunition, and gallantly
set sail for the Canton River ; and all this he did err;
tirely on his own personal responsibility. In his 511.,
passage from Singapore not, a moment was lost in w°r
ing his willing crew at the guns. He entered the eel;
ton River, cleared for action, and gallantly took 131,.t'
station inside the valuable fl<iet of British merchan
ships there lying at anekaor. There happened to be no
vessel of war in the Canton River at that moment, but
Captain Douglas was alone sufficient to afford
tion. He repelled all assaults, but he was unfor
the
tunately severely wounded in the attack upon
Chinesejunks at Kow Lune, on the sth of Septembe.c,
1839. Well, when British vessels of war did arrive,lc
necessarily followed that the gallant mission of Calltiab
Douglas was at an end ; but we have not yet done w,
this Captain Douglas. On the arrival of the. Brit's. :.: •
vessels of war he fell back into the merchant seaman'
by some
and proposals were actually made to him
American captains for the purchase of his 32,-peundere;
" No" (said Captain Douglas) ; you want these gunk
to sell them again to the Chinese, but l'd rather Chu° •
them overboard than sell you one of them."
bne
We need scarcely add that Captain Douglas a
already been reimbursed for the expenses be ineurree
rote&
in the public service, and we sincerely trust that tiler;
is truth in the report that both he and his gallant crew'
have, moreover, received a handsome gratuity from
Majesty's Government.—Observer.

' The ship Isabella, from London and Plyrnot"'
with emigrants, arrived at Sydney on the 18th October,
all well.
THE YOUNG PRETENDFR.--We went to the
opera, where, fur the first time, I beheld the poor unhePA i:
PI
representative of the Stuart race in the Comte ii
banie. He goes regularly' to the theatre, and always fa is
asleep in a corner of his box, at the end of the first act,
being generally intoxicated. His face is reJ, and his eYes
ctCcao;.;,naitsegnsasieci,so
nnpsodttaa;ntarnnadettsconini‘diea,ni
are fiery, otherwise he ia not an ill-looking nisci• The
pug nose. She z.lways wears a bat. Alfieri, the Pion";
a gan. —Swat erne s
Europe.
SICiDE‘
bteiinnghehrlabcokx and sallow, with a
—UNPRECEDENTED
• 'l, ' Courts of
dneesaddayin. arnrhweobmodayn
Inquest was held on Thursda last, at the Ship and Lest
otern,rtehaptirpo,e is su
public_house, Greenwich, before l'il r. CARTA t
R upon the
body of awith
c AbseEr.d_ameArsoe
outhouse in Church.street, Greenwich, on Wed-
p p
was
ges
de
claimed
to abouta t attach,
by
ho , a yf- ears,wo ro
mit a n wt oh 0 .
afterwardsh
owasm
au she Was not any relation of deceased, but the wife of
~
: deceased Ann Clarke, bad committed self-
, destruction by strangulation, but there was no evidence
ntahmeedd Giver. The Jury returned a Verdictto prove her state of minsi at the time ; " and the Coroner
issued his warrant for the interment, at the parish expense*
And here, as the Coroner observed, a difficulty arose.
saints:tufornuendd
The warrant had been issued for the burial of a person
sworn to be Ann Clark, and would be registered as such.
The Coroner skid the case was one of such
nature timt he
Justce in te matter beore taking any fur.ther s up,n
Oliver..
al of An
The Coronerh handed over of warrant for the bar must consult the opicion of the LgOrsdinCgultilaerf

J
.

:1_....,.„

fen-we

!wick ;

dwick.
[caslef

(WS

Vood ;

Chal-

;reen

rood ;
rood-'

C6urs•

nipton

0414

.reef;
Upton

Fri-

Vood;

gato

&pit

;ture;
lerea•
rrlel;

aldeni

A Odg.

rod*
teo.
wag,

1, at

7gstle

ird&Y'

aday,

get°
irdaY

eat)].

1' at

;3tur-

odic!'

L}•r 4t

rdaY/

con ;

r, "

torn;

rclaYt

as of
,then
at
LOY,
time

nr,
ere
ith
oe