The Sun.
London, England, 1844-05-25 00:00:00

CHANCERY.-(THIS DAY.)

DE VERE V. MAUDESLEY—JUDGMENT.
The LORD CHANCELLOR briefly gave judgment this morn-
ing in this case, which related to certain bankers' accounts.
His Lordship affirmed the judgment of the Court below, and
dismissed the appeal with costs.
The COURT then proceeded with cases upon lunatic peti-
tions.

ROLLS' COURT.-(THIS DAY.)
His Honour, tha -MASTER OF THE Rm.'s. was engaged this
morning in the further hearing of the part-heard case of
Rowley v. Adams.

VICE-CHANCERY.-(THIS DAY.)
(Befre Sir J. WIGRAM.)
DRAKE V. DRAKE.

In this case his Hoxoun pronounced judgment. He said
that if the case of " "Wood y. Milner" were an audio] ity for
the proposition in support of which it was cited, he would
have nothing to do in the present case but to make the order
which the defendant wished, but he was satisfied that it
was not an authority for any such general proposition.
The question which the Court had to consider was how far
the defendant was likely to be prejudiced by making the dis-
coveries sought by the bill, and how far upon the merits the
appeal was likely to succeed, always attending to the circum-
stance that the defendant's right to apply to have his appeal
advanced, and that the onus of making such an application,
must be thrown upon the defendant and not upon the plain-
tiff. In this case the defendant did not deny the plaintiff's
right to a discovery absolutely ; and the ultimate consequences
of giving the discovery resolved themselves into a little extra
trouble if his judgment was wrong. He had no means upon
this plea of doing justice to the plaintiff; but the specific ground
upon which he relied for overruling the plea was the absence of
an averment by the defendant that the money claimed was due
at the time when the plea was pleaded. In this case he thought
he would be doing no injustice by treating the plea accord-
ing to the strict rules of pleading. He would be greatly-sur-
prised if the defendant should persuade any judge in Chan-
cery to allow the plea, unless the averment, which he con-
Eidered to be wanting, should be added to it ; and even if it
were added he would still be satisfied that the plea was bad
on other grounds. There was nothing in tl:e merits, except
the inconvenience to the plaintiff, to jus:ify him in making
the case an exception to the general rule.
It is understood that neither his Honour nor -Vice-Chan-
cellor Bruce will sit on Monday and Tuesday.

QUEEN'S BENCH.-(THIS DAY).
(Sittings in Banco.)
The Court heard motions in the early part of the morning,
and afterwards took the new trial paper. No case of any
public interest had come on up to the time that we went to
press.

BAIL COURT.-(THIS DAY.)
(Before Mr. Justice COLERIDGE.)
The Court heard motions up to eleven o'clock. None of
them possessed the least interest, being upon points of prac-
tice. Afterwards the Court sat at Nisi Prins, and was en-
gaged in hearing the cause of Wilkinson v. Longstaff, which
was an action upon an account for iron work done by the
plaintiff for the defendant. There was not the least interest
in the case.

COMMON PLEAS.-(THIS DAY.)
(Sittings in Banco.)
The cases that came before the Court up to the time of our
going to press were totally devoid of public interest.