The Sun.
London, England, 1829-08-13 00:00:00

DUNN V. DUNN-DISCORDANCE OF OPINION.

Mr. KNIGHT understood his Lordship had inti-
mated his intention to give judgment in this case
to-morrow.

The LORD CHANCELLOR said he had-.
Mr. KNIGHT then observed that the Solicitor
who instructed him, thought, in which he (Mr. K.)
agreed, that the Court ought not to be permitted to
give its judgment without being first apprised of a
fact which had come to his knowledge.
The SOLICITOR-GENERAL, on the other side, ob-
jected to any statement whatever, in any way, at
this late hour, calculated to affect the mind of the
Court. _ _

Mr. KNIGHT felt called upon to make the dis-
closure. Captain Goldecote, the next friend in one
of the suits, had called on his client, and said it was
his intention to withdraw from the suit.
• The SOLICITOR-GENERAL had never met with
any thing so irregular,
Mr. KNlGHT—That's a question of opinion.

The SOLICITOR-GENERAI.—It is most irregular.
The fact is, that Captain Goldecote is my client,
and now the Counsel on the other side comes into
Court and makes a declaration, on his part, founded
on some verbal statement of his client, that I have
never heard of. .

Mr. KNIGHT—My client and myself concurred in
the propriety of giving the Court this information.
The SOLICITOR-GENERAL (with warmth.)—lt
is most improper. When I have the honour of con-
ducting a gentleman's case, I expect that lie will
only instruct me, until he is pleased to supersede
me by regularly employing another; and that the
Counsel on the other side is not to come forward
just when the Court is about to deliver its judgment,
and make a statement, as he says, on the part of
my client, likely to damnify my case.
Mr. KNIGHT—I stated no reasons.
The SOLICITOR-GENERAL—But such a course of
proceeding can only prejudice, and can only be meant
to injure my case.
Mr. KNIGHT—We differ in opinion.
The SOLICITOR-GENERAL—TO be sure we do,
and because we are on opposite sides. We are
employed to differ in opinioi, and that is the rea-
son why we ought to have a Learned Judge placed
over us.
Mr. KNIGIti,,Well, this is just what I should
do to-morrow in a similar case, and under similar
circumstances, had I the opportunity.
Thf, SOLICITOR-GENERAL—With all the respect
I have for my Learned Friend, I do trust, that we
shall not have such a difference of opinion prevailing
at this bar on a point so decidedly most irregular;
and I do hope that Counsel opposed to me, will not
in future come forward with verbal statements from
my clients, injurious to the cases I make. Your
i.brdship will of course not permit what has now
taken place to influence your mind in any way, and
I shall with these observations dismiss it from
mine.

The LORD CITANCELLOW—I shall give judgment
exactly us I should have done, had I delivered it on
the clay on which this case was argued, but for my

- • ,noo
own convenience you must permit me to posit—
giving my opinion till Saturday.

VICE-CHANCELLOR'S COURT.

EX-PARTE SURRIDGE, IN RE JOYNER. f
Mr. SWANSTON said this was a petition of one
the bankrupts, who were bankers at Itomf(n.d':
Essex, and it prayed, that as their separate. esn': t
had paid twenty shillings in the pound, and the j°lli'le
estate fifteen shillings, the Court would order tt
assignees to pay over to them the allowance,:,
which they were entitled, under the 128th •sect':',l,
0 1
of the Bankrupt Act. The Learned Counsel ~
the only difficulty in the case was that a final
dend had not been declared, and he understood l
lit
would be contended that other creditors 041
yet prove debts to an amount that Would 1011.1;
the dividends under fifteen shilling in the pountiti
but even supposing such a circumstance prnb.,,'''nee
he (Mr. Swanston) felt confident, that 0.'1'45
who had already received their dividend of -,e3"-
could rot be called upon to refund any part, in "ti
there should not be enough for debts that might Y.l
be proved, that the bankrupts were entitled to theli,
allowance on the dividends already paid. The pee
tion further prayed, that if the Court thought.tib,e,;,
were not entitled to the-allowance until a final n'`{
dend was paid, that the assignees might be erdercei
to reserve a sufficient sum out of the estate for su
purpose.
The VICE-CHANCELLOR said, the petition
be dismissed, for a creditor might yet come in 'l,-
prove a debt, that would take the assets all en:
With respect to the other prayer of the petiti°.l
there was. nothing before the. Court to induce ln",,
to think the assignees would act wrong, and ther'
fore it must be dismissed, and that with costs.
A notice was stuck up in Court this morinZ
that the VICE-CHANCELLOR would not sit afterlh'
o'clock on Saturday next, when the Court Adis:Orli
for the long vacation.

INSOLVENT DEBTORS' COURT.,
William Augustus Miles came up to be discPubn ,
on his petition. He described himself as "11-ge
tleman."
The COURT thought that the description did "wee
sufficiently identify the insolvent with his fog°

pursuits.

aole4

The Insolvent stated, that he had been eml)l°)o.g
,n the Privy Council Office, and was paid accord' ,
to the quantity he wrote, but not being, regtlinricY„e:i
gaged, he bad a delicacy in describing him nor
clerk. He had also been paid in the same maxikee,
for decyphering some records in the Record Q"'pa
Mr. Commissioner LAW was of opinion that it'
descriptions was not sufficiently clear to point '
i d
the world that the insolvent was the man' 11:1,
acted in that capacity, and remanded him tliler
morrow, when he would take the opinion of alw'
Commissioner on the subject.