The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-06-11 00:00:00

COURT OF EXCHEQUER, JI.N 7.

IMPORTANT DECISION RELATIVE TO LETTERS OP
ADMINISTRATION.
' THE ARCHBISHOP Op CANTEBBURY V. ROBERTSON.—Lord
Lyndhurst pronounced the judgment of the court in this action,
which was brought upon an administration bond entered into
by the defendant. as surety of a Mr. Skelton, to whom letters of
administration of the goods and chattels of Mr. Schweitzer were
granted. Skeltou collected the effects of Mr. Schweitzer to a
large amount, but inst.( ad of dividing them among the next of
kin of the deceased, appropriated them to his own use, and after-
wards became bankrupt, mid obtained his certificate. The pie-
sent action was brought at the instance of the next of kin, and
was tiled at Guildhall at the sittings after last Michaelmas term. i
Several objections were made at the trial to the plaintiff's right
of recovery, partly arising from the form of the administration
bond, and partly trots the fact of the administrator Skelton, who
was the principal obligor, having obtained his certificate after
the misappropriation of the intestate's efiects. It was contended
that the plaintiff could not recover until there bad been a decree
in the Ecclesiastical Court directing the administrator to account,
but no such decree had been produced, for the Ecclesiastical
Court decided that, under the -Bankrupt Act of 6 George 1%.
the bankrupt (Skelton) was discharged by his certificate, and
that they could not make such a decree against him. It was
also contended that, at most, nominal damages only. could be
recovered. A verdict was, however, found for the plaintiff, with
nominal damages, and leave was given to move the court to in-
crease them. The motion was iraCe, and the rule was granted,
but the court afterwards ordered a special case, which was
argued in Easter Term, by Mr. Kelly fur the plaintiff, and the
Solicitor General for the defendant. The court was now of
opinion, that the defendant's objections should be overruled, and
that the plaintiff should.be entitled to reaiver the amount of the
effects collected, amounting to 10,8001. for which sum they
rdered a verdict to be entered.

CONSISTOR Y COURT.—THURSDAY.
As soon as the judge had taken his seat this morning, Lady
Henrietta A. Winnington appeared at the bar, and requested
to be allowed to make an application to the court.
Dr. Lushington—What is the nature of the application ?
The Registrar—Lady Winnington desires that she may be
allowed to read a paper she has in her hand.
Lady Wilmington Was proceeding to read the paper, when
Dr. Lushingtou said he, could not allow the paper to be read
till he knew the nature of the application.
Lady Winnington--I wish to apply to the court for a divorce
from my husband.
Dr. Lushingtou—Has there not been already a sentence of
divorce
_pronounced in this court between the parties ?
The Registrar replied that, many years ago, a sentence had
been pronounced.
Lushington—l have not the power then to pronounce for
a second divorce.

Lady Winnington—A condonation has taken place under
peculiar circumstances. I wish to obtain a divorce for adultery
committed since the condonation, and a fresh suit is necessary:
have obtained no alimony for fourteen years.
Dr. Lushington—You state that since the divorce condona-
tion has taken place.
Lady Winningtou—Yes, your honour, under very extraor-
dinary circumstances.
Dr. Lushington—And you wish to obtain a citation ?
Lady Winnington—Yes; since the divorce was pronounced
my husband has become possessed of property, and I wish to
have alimony. I 'wish the court to assign me a proctor and
counsel to conduct my case.
Dr. Lushington—l have not the power to do that unlesi you
sue in forma pt2iuperis.
Lady Witinington—l do not sue in forma pauperis.
Dr. Lushington—lf Lady Winuington wishes for a citation,
under the circumstances stated, let it go forth.
Lady Winnington—l do, my lord.
Dr. Lushington—Then let the citation be issued. The hus-
band can appear under protest, or in any other way he may
think proper.
Lady Winnington then retired.