The Statesman.
London, England, 1823-11-08 00:00:00

Al *3
limilicatiot

Secgonnt PILL.—Theo. my Lord, l' shall
wish the second {mints and 1 tnebstain that the lends
was wholly insufficient to meet the action.
. Mr. Justice Naito—Your• that point is not tenable.
toORD CrnlP duarice.—l;4hink the words "the pla.
usually assigned, &c." designate the pulpit clearly enoegh.
Mr. Sergeant PeLL.—Theo, my Lords, I shall take the rule
on the second point. '
Mr. Justice lionnouon.—Yes: on the badness of the
plea. . • .
Mr. Sergeant. Pes.t..-I-1 wish to put it to the Court,.
whether it ought not to he a part of the rule that a neer
trial ought to be granted, on the ground that the verdict
es
tl e special plea was contrary to evidence, as I submit
the evidence did not go fully to supl:ort that plea. Not two
of the witnes.es gave the same account of the words said to
hare been used by the plaintiff.
Mr. Justice BURROUOII.—.AII that was pat to the jury,
and they decided upon it. You cannot now make it part
of the rule.
The rule was then granted on the second point only.
stems:vet. v. ELLIS AND VIAL.
Mr. lluxcutssox opened the pleadings, anti Mr. Serf.
Vatton AN stated the care. This was au action brought by
the plaintiff agaiost the defendants, whom he bad formerly
employed ashis attorneys, to recover compensation from
them for the injury he had received on account of their
neglirsore. '1 he plaintiff had leased a freehold house to a
pertly!' named Cbettle, upon a repairing lease. The cove-
flints in this lease had been broken by the tenant, and the
plaintiff commenced an ejectment against him, which was
to have been tried in ISIS, amine being called Gator trial,
was referred to Mr. Wigg, a very skilful and eminent
surveyor. The attorneys who acted for (Mettle called on
the arbitrator, and did everything in their.power to enable
him to proceed with the case, which, however, he was
prevented from doing by the present defendants takingly*
steps whatever on the part of their client. The consequence
of this conduct was, that the time appointed for the arbi•
tration, otter having been once enlarged, expired, and the
plaintiff was obliged to sell the house at great disadvantage.
Mr. %Vigg, and Thomas Meredith, a servant of the plain•
tiff's proved the detests and negligence on the part of
the defendants. Other witnesses proved the injury
the house had sustained on account of the delay
in enforcing the covenants for repair.—and that
the price obtained fir the premises on that account was
1501. less than would have been given, had they been in a
proper state of repair.—Mr. Sergeant OrtsLow and Mr.
Sergeant Lawn, for the defendants, submitted that the
plaintiff must be nonsuitesl, because he bad net produced
the lease to Chettle, which was mentioned in the pleadings,
and on which the plaintiff's title in the original action was
founded.-31r. Sergeant Vatnntax contended that the
present case was not on the vajitlity of the cause of action'
between the plaintiff and Chortle, but on the question of
the negligent. charged against she defendants.—The
CHI sr Joiner; thought the defendant. had better proceed
with the cause. lie said this, because he should wish to I
reserve his observations to another stage of the trial.
lion ever, he could not but think it very strange that the de-
fendants had commenced an action on the covenants of a
lease—bail referred that action—had proceeded throughout
on that lease, and had finally delivered in a bill, in which
it had been recogniA, and yet they now required proof of
its existence.

Mr. Sergeant Oast.ow then addresqed the Jury for the
defendimq. and said that the object of the plaintiff in the
former action had been not to obtain damages fur non repair
but to get lid of the lease he had granted. As to the charge
of negligence, be should prove that the plaintiff bad hint.
self directed the defendants to stop the cause, and that the
delay. bed originated with him. Several ',lineages Wrr•
called to make out this gatemen', but they all admitted, on
trots examination, that the plailitaf had bora very urgent
with the defendants to carry on his clause to a termination,
and that he only wavered in his opinion when the defend.
ants informed him, after the time for the arbltratioe had ex-
pired, that he could be defeat.' if he proceeded farther. but
that he might commence a fresh ejectment.
I%lr. Sergeant VAL;GUAN replied, and the Casey JUSTICE
charged the Jury, who returned a verdict for the pla..ntilf—
Damages. 1604