The Sun.
London, England, 1832-11-15 00:00:00

INJUNCTION-WILCOX V. MARSTED.

Mr. LLOYD applied ex-parte in this case for a special
injunction to restrain the defendant from collecting in any
of the debts of the partnership, or otherwise interfering
with its concerns.

The bill, which was filed by the plaintiff, for the dis•
solution of a partnership between himself and the defend-
ant, in the business of common carriers, stated that that
partnership was formed in the month of March last, and the
profits of which were to be equally divided; that in October
last the plaintiff discovered that the defendant bad charged
several sums as having been paid by him on account of
the partnership, when in truth they bad been applied to
his own use ; that a few Sundays ago, while the plain-
tiff was attending Divine Worship the defendant broke
open the stables and other premises belonging to the part-
nership, and carried away the greater part of the partner-
ship effects; and that, on the 4th of the present month, he
had given notice to all, persons indebted to the partner-
ship to pay their debts to him alone, thereby endeavou-
ring to obtain for his exclusive use moneys belonging to
the partnership.
The VICE-CHANCELLOR thought the Learned Counsel
had made out a sufficiently strong case, and immediately
granted the injunctiou.

BANKRUPTCY COURT-(THIS DAY.)

EX-PARTE SAMUEL HEATH IN RE JOHN HEATH.

This petition was argued yesterday, but the Court did
not give judgment till to-day. The facts were these—
In August last a fiat was issued against John Heath, a
haberdasher, carrying on business at Gosport. The as-
signees under that commission directed their messenger, on
the Bth of September last, to seize the whole stock in trade
of Samuel Heath, also a haberdasher, but residing
at Newport, in the Isle of Wight, on the ground
that it in fact belonged to the bankrupt. Not
content with having stripped Mr. Samuel Heath of
all his property, they at the same time preferred an in-
dictment for a conspiracy against the two brothers
Heath to defraud the creditors of John Heath. A
true bill was found on the 10th of September. Mr.
Samuel Heath took steps to remove the indictment
by certiorari into the Court of King's Bench, and
afterwards, on the 25th of October, presented a pe-
tition to the Court, to have his goods restored to him. It
appeared' by the proofs he adduced, that he had bought
and paid for all the goods seized,—buying part of them
of his brother, but the remainder of different London
tradesmen. The respondents, the assignees, did not deny
the facts sworn to by the petitioner, but simply stated the
fact of the indictment pending in the Court of King,s
Bench, for his not being called upon at present to answer
the case made out by the petitioner. The Court this
morning gave its judgment.
Their Honours (the CHIEF JUDGE and Sir GEORGE
Rost:) concurred in thinking that the petition ought to
stand over till the indictment had been tried. The Court
had only interfered, in cases of this kind, where the damage
which might accrue to a party whose goods had been
seized was irreparable, and where the application for re-
dress was immediate. Here the damage of delay was not
irreparable, and the petitioner had not presented his peti-
tion till after the indictment was preferred ; and it was
strange that, having so strong a case, he had not brought
an action of trespass or trover.
His Honour Sir JOHN Cnoss differed from his Learned
Colleagues, and thought they ought immediately to decide
upon the merits of the petition, as this was the only Court
in which the petitioner could obtain the redress he now
sought ; and as it was not pretended to be alleged that the
trial of the indictment for conspiracy would, except inci-
dentally, decide his right to the goods taken from him.
Petition to stand over.

TRADE OF HAWICK.—It affords us great
pleasure to state that the trade of Hawick has not been
better, nor the manufacturing stocks so low, for the last
16 years.—Edinburgh Advertiser.
DARING OUTRAGE AND ASSAULT UPON
THE Loan MAYOR OF DUBLlN.—Yesterday the LORD
MAYOR, after having returned from the charity sermon at
St. Michan's, proceeded with a few attendants through the
city to enforce the due observance of the Sabbath, which
be has made an object of his particular attention since his
entrance into office, having previously given warning to
that effect by proclamation, personally, and through the
medium of his officers, to all butchers, shopkeepers, and
other traders of Dublin. After passing through several
streets, and ordering a variety of articles to be seized which
were exposed for sale, he arrived at Cole's-lane Market,
which he found filled with tables, chopping-blocks, and
other obstructions, some of which he ordered to be seized
and placed on a float, which was in attendance. Having
left the float in custody with some policemen, be proceeded
with his two elder sons through the market, during which
time a most outrageous assault was made by a gang of
butchers upon two of his Lordship's servants, and the
policemen who were stationed at the float. The servants
were knocked down and beaten most severely, as were also
the staffinen and those of the policemen who remained ;
the staff of one of the staffmen was broken, and one of the
policemen's swords was smashed. Immediately upon this
the LORD MAYOR came up, and sent for a reinforcement
of pollee; but, in the interim, as his two sons were pur-
suing a ruffian who was kicking one of the servants whilst
down, the eldest received a dreadful blow of a large stone
in the head, which cut him most severely through the hat.
When the reinforcement arrived his Lordship ordered them
to draw their swords, and headed them through the
market, upon which one of the miscreants flung at him
a rack of four or five feet long, to which were attached
long hooks and spikes, which fortunately fell at his feet.
Owing to the confusion which followed it was impossible
to apprehend the assassin who threw it. Peace-officer
KELLY, of Henry-street, succeeded, however, in arresting
three of the rioters..—,Satioderie Mews Letter.

LITERATURE,.

ROMANCE IN IRELAND.—LoNnom, 1832.

This is a story of very painful interest grow-
ing out of the private history of the last Earl of
Desmond, who perished by the hands of an
assassin in the reign—we believe, or somewhere
about that time—of Queen Elizabeth. The
Desmonds were a family well known in the
early chivalrous annals of Ireland, and were
among the most puissant feudal Lords in the
kingdom. They were all, with one or two un-
important exceptions, warm supporters of the
national independence, and inveterate in their
hostility to English domination. The writer of
the tale before us has made the most of the le.,
gendary traditions respecting the last scion of tha
house of Desmond, and woven the scattered
materials into a very attractive work of fiction.
The last volume is the best, as it is more
striking and dramatic in the style and effect of its
incidents. But the entire work will repay perusal.