Court Of Common Pleas, Sa...
The Times, 1824-11-29T00:00:00

.,wIcus ueumorning, ?lr.6ergeant.TADDY Maadeamotion to set aside an award, in a caze of no publie interest. Having occ. sion to refer to the rule of Court under whiich the order of arbitration aud the several endorsements tbereon were made a rule of court, Mfr. Justice IJUflROUOI{ called on the learned scrgeant to read the rule. Air Segeat 'AnD. wthot ateningto hisrequest, was pio. ceecding to state the case in ithis ouwantmandner,t whi en u)va r r. Justice BUitROUG}r again said-" Rcnd the rule; read the- Mr. Sergeant TADDy...-..God bless ntse! there can't be any neces. sity for readsing the rule now. Air. Justice BuRsROUGHs..y Ysthere is; I cana't unidertand the point of the case without it. Read ttherule. Air. Sergeant TAasDY.-The rule is embodied in the award. I shall comne to that ini the course of mny statement. It can't be ne- cessary to interrupc me to read the rule now. The LORD C}IJEF JUSTiCE.-Brother Taddy, I hope we shall not hear that again. Mr. Justice PAstm.-t fs with exteme difficulty that the Court in muany cases collect the nattue of the application,fromn the multifa- rious statemnent.s of facts and circumistances. Tbls difficulty ought' not to be Increased by the counsel. We sometimes ask for aflida- vits to be handed up and we can scarcely obtain even that. We must hear the rmlc rcaM here, In order thc more clearly to anderstand the case. Let the officer read the rule. IMr. Sergeant TADDY banded his papers to the officer, who read the rule. On the statemebt of somne particular fact, SMlr. Justice Bunn9ouGn observed, Ob ! now I can underotand the reason why you would not read the rule. When I want a rule read again, I shall expect that it will be read at once. Lr. Sergeant TADDY.-!F do not think It Is at all a part of my duty to read rules to the Couit. That is part of the ducyof the ocer, and I an) not bound to perform it. ThehLoRD CIrrE JusrbC3E.-BrotherTaddy, you should not malce any such observation as that, In answer to what falls from a Jud e of the Court. lhIr. Sergeant q'ADIw.;-I would make no observation to any Judge of this Court.wbich;I woald not as readily makeatany time, to any gentleman, in, any eituation whatever; but when imputations are cast upon mc by nry gentleman, whether a Judge of this Court or not, I will make tuct obsenrations as I-may think fit to that gen- tleman, be his situation what it may. The LORD C311EF JUSTMCE.-ThIS is most irdecent. Surely steh observationls arenot necssary to be-made here. It. S :rgeanf l;ADDY..- I do not wish to make any observations to any cil but when imputautionaarein3properly cut upon me, I will e6iti3Dm to Uses, let them come frornwhsom the~jt>. l wiU sip subnmit to bave any body cat utioj me the impuntion of wishing to ke2p any thing back f rox the !irt. TheLounD Cnruy' Jtsrn%Don t ,eyin a passion, Brother lU!r. Sevreasrht T&nDrs _?My liord, I ant s ot In - pssion *buxt I will, not;submtt ' *o! uiWtn meiy any, person whateve.' .' .:-,-. . The LoIoD Cnl}:F' 3uipST-ReiRyUysomenotlicnustbetnaeCn of this - Mir. Scrge mnt TAnDY It hf quite In difFrrent to mc whatnotlie mnay be takten of if : ii /danbt c,nsl[er it my44uty to read rules to the Cousrtt but t witl not 'er 'it to be txsid that I wiilfed to keep TelOD F and Ir. Justice spoke at the samze moiTnoct.'. .The Loun C1m1E' JossTxCu repeated his ob- servation, that thiif*Bs most indecent. Mr. Juistice PAaKobserved. "But, brothser .Wjildy, then yau shoyM have given an answer to thc .Judge, -Instiii of speaking to him in the mainner yoa did. He dinot mean to cast any imputation upon you" hle Loan CirEF ti5TxCF;.' YOU have ipoken of the conduct of one gentleman to another, surely yoa c.dnot think that this is conduct to be observed between gentlemen of any rant or situation wbrttever. .1l<fr; Sergeant1 TADDY._-IY Lord, I do not wisih to act towards any Judge of thise Court in any other manner than I should act to. -wards any other gentleman; but l did not like theimputation, which seemed to me to be imnproperly cast upton me. The learn:ted Sergeant,.aftct making this observation, continuted his argument on the case and tbe conversation dropped.The award was ultimately zsupp,orteJ. - NORRIS V. GILMst't. MIr. Sergeant SPANIw E nmoved for a rule to show cause Why-se. veral counts on the declaration delivered by the plaintiff in this case should not be ordered to be struck out as suptrfluouat. This was an a ction for slander, and the words were verV simple in their nature; yet the plaintiffs special pleader had swelled our the declaration to above 80 folios, having rnade-it consist of seyeralcounri,fo -the niere purpose of'ringing mnneeetsary chinges on the words. ihat these changes were annece6swry, appeared to him (MIr. Sergeant Spankiet to be beyond all doubt: but, in order to make aasurance dodbl sure, he had obtaided the opinion of a very practlsed and emdnent special pleader, who had declared many of the counts to be com- pletely superfluous. As he had saidl to, thie question must certainly be considered to be clear beyond all doubt. The LORD DCnaiE JUSTI cE.-Idon'tknowthat that wouldfollow. I suppQSe the pleader whio has given the opinion Is not the same who drew the declaration. Mr; Sergeant SPANxrIE.-No, my Lord; but there is agcntrht feeling among the learned Fentlemen in favour of superfluities. (A laugh.).The Court grantedt the rule. COURT OF COMMON PLEAS, SATUnDAY, Nov. 27. T l -