The Sun.
London, England, 1845-01-23 00:00:00

THIS DAY'S NEWS

VICE-CHANCERY.-(T HIS DAY.)
(Before Sir J. K. BRUCE.)
WALKER C. HILL.
Mr. JAMES RUSSELL (with whom was Mr. Daniel)
applied to the Court, on behalf of the plaintiff, for an in-
junction to restrain the defendant from making, manu-
facturing, selling, or disposing of, or causing to be manu-
factured, sold, &c., a certain description of axle-shaft,
for which a patent had been obtained by a Mr. Hardy,
and which the plaintiff now used.
The object of the motion was to prevent the defendant,
who, as well as the plaintiff, is resident at Birmingham,
from infringing the plaintiff's patent.
Mr. Wigram appeared for the defe..dant.
His HONOUR granted the injunction, without prejudice
to any motion that either party may deem fit hereafter
to make.

QUEEN'S BENCH.—(THIS DAY.)
The Court were engaged to-day in heaping arguments
upon a case relating to a Cornish mine, in which the
question to be determined referred to certain boundaries
and customs in Cornwall. The question, therefore, in.
volved no general interest.

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
DAVIS V. ANCRADL _ _ _

In this case Mr. Jervis had obtained a rule calling on
Mr. Moss, the plaintiff's attorney, to show cause why he
should not refund the sum of 51. ls. paid to him for costs
on an untrue representation that judgment bad been en-
tered up. The application, in the first instance, was
made before the Lord Chief Baron at chambers; but his
Lordship, on the ground that an important point of pro-
fessional practice was involved, intimated that it should
be heard before the full Court, in order that such notice
might be taken of the case as it seemed to demand. The
Learned Counsel now moved, on several affidavits, and,
among others, that of the defendant himself. In that
affidavit it was stated that the action was brought to re-
cover the sum of 41. ss. 6d. Notice of trial was given
on the 2d of August, but it was also countermanded, as
were also several subsequent ones. The action was at
length tried on the 3d of July, when the plaintiff ob-
tained a verdict for the sum of 1/.75. 6d. The trial was,
however, set aside on the ground of irregularity, it being
stated that though the defendant had a good defence to
the action, it was unavailing on account of the vexatious
delays on the part of the plaintiff. Being unable to pay
8/. 15s. 6d., the amount incurred by costs and other-
wise, the defendant went to the plaintiff's attor-
aey in December last, to request further time, which
the attorney at first refused, on account of the judgment
and execution having been signed, though he at length con-
sented to stay proceedings on payment of the debt,
costs, and further sums stated to be due, the whole
amount being 131. 16s. The defendant signed a memo-
randum making his goods liable to that extent. The
money was paid in due time, and proceedings were taken,
when it was perceived that judgment had not been
signed. The plaintiff's attorney then proposed to refer
the matter to a solicitor, and correspondence ensued.
Mr. CHAMBERS now showed cause, contending that
Mr. Moss had done all in his power to save expense,
and that all the outlay was occasioned by the defen-
dant's offering vexatious obstacles to the progress of the
proceedings.
Mr. JEavis, in reply, submitted that the rule should
be made absolute, as the affidavits of his Learned Friend
admitted the overcharge.—Rule absolute.