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ARGUED AND DETERMINED

IN

The Court of Common Pleas,

WITH

TABLE OF THE NAMES OF CASES

AND

DIGEST OF THE PRINCIPAL MATTERS.

:

BY

WILLIAM HODGES, Esq. OF THE INNER TEMPLE,

BARRISTER AT LAW.

VOL. I.

FROM HILARY TERM FIFTH WILL. IV. 1835,

TO HILARY TERM SIXTH WILL, IV. 1836,

BOTH INCLUSIVE.

LONDON:

HENRY BUTTERWORTH,
Law Bookseller and Publisher,

7, FLEET STREET,
AND RICHARD PHENEY, 89, CHANCERY LANE.

LIBRARY OF THE

LELAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT.

a.5-5603

JUL 10 1901

DAVIDSON, PRINTER, SERLE'S PLACE, CAREY STRERT.

JUDGES

OF THE

COURT OF COMMON PLEAS,

During the Period of these Reports.

The Right Hon. Sir N. C. Tindal, Knt., C. J.
The Hon. Sir JAMES ALLAN PARK, Knt.
The Hon. Sir STEPHEN GASELEE, Knt.
The Right Hon. Sir J. B. BOSANQUET, Knt.
The Right Hon. Sir John VAUGHAN, Knt.

ATTORNEYS GENERAL.

Sir FREDERICK POLLOCK, Knt.
Sir John CAMPBELL, Knt.

SOLICITORS GENERAL.

Sir William WEBB Follett, Knt.
Sir ROBERT MOUNSEY ROLFE, Knt.

MEMORANDA.

1835.- On the first day of Hilary Term, the following Gentlemen, having been appointed his Majesty's Counsel, were called within the bar :-William Burge, Daniel Wakefield, Henry John Shepherd, Christopher Temple, Walter Skirrow, John Miller, C. H. Barber, George Spence, Thomas Joshua Platt, Fitzroy Kelly, Richard Torin Kindersley, Edward Jacob, and James Wigram, Esquires.

On the same day, the Honourable Sir William Elias Taunton, Knt., one of the Judges of the Court of King's Bench, died. He was succeeded by John Taylor Coleridge, Esquire, Serjeant at Law, who was afterwards knighted.

On the 23rd of April, Lord Lyndhurst resigned the great seal, which was put in commission. The Commissioners were, the Right Honourable Sir Charles Christopher Pepys, Master of the Rolls; the Right Honourable Sir Lancelot Shadwell, Vice Chancellor of England; and the Right Honourable Sir J. B. Bosanquet, Knt. one of the Judges of this Court.

During Easter Term, the Right Honourable Sir E.B. Sugden, Knt. resigned the office of Lord Chancellor of Ireland. He was succeeded by the Right Honourable Lord Plunkett. In the same Term, Sir F. Pollock, Knt., resigned the office of Attorney-general, and he was succeeded by Sir John Campbell, Knt. Sir Wm. W. Follett, Knt., at the same time, resigned the office of Solicitor-General, and was succeeded by R. M. Rolfe, Esq. one of his Majesty's Counsel, who was afterwards knighted.

1

In the same Term Basil Montagu, Esq., Robert Alerander, Esq., and Thomas Starkie, Esq., of Lincoln's Inn, having been appointed his Majesty's Counsel, were called within the bar.

1836.- In the early part of Hilary Term, the Lords Commissioners resigned the great seal, and the Right Honourable Sir C. C. Pepys, Knt., Master of the Rolls, was appointed to the office of Lord High Chancellor, and was created a Peer by the title of Cottenham of Cottenham in the county of Cambridge.

Henry Bickersteth, Esq., one of his Majesty's Counsel, was also appointed Master of the Rolls, and was created a Peer, by the title of Baron Langdale of Langdale in the county of Westmorland.

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NAMES OF CASES

REPORTED IN THIS VOLUME.

..... 266

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Page
Begbie v. Hayne. ...
Bell, Gibson v..

136 Beesley, Green v..

199 Biddle, Heskett v.

119 Biggs, Brook v...

462 Bell, Hart v. ...

6 Bird, Smith v.

96 Blabey, Tarpley v. ...

414 Bonsor, Linley v.

305 Boucher, Ford v...

58 Boulton v. Coghlan

145 Bourdieu v. Rowe

93 Bowditch v. Slaney

224 Bower v. Hill ...

45, 334 Bowles, Orr v.

23 exparte.

143 Boyce v. Chapman.............

338 Boyd's bail ...

93 Bramah v. Baker

66 Bradley v. Milnes

118, 158 Bradshaw v. Skilbeck

240 Brindle, Atkinson v. .....

33 Brogden v. Marriott

383 Brook v. Biggs

462 Brooke, M'Donnell v....

314 v. Turner

440 Brookes, Passenger v....

123 Brown, Davy v.

22 Jones v.

33

27 Sewell v.

317 Bruyere, Fife v. ....

317 Bryant, Laythorpe v.

B.

189

66 316 318 103

Bacon v. Cresswell....
Baker, Bramah v.
Ball v. Stafford.....
Barber, in re Trustees of
Barkley, Hunt v. ...
Barnes v. Jackson

Edwards v..
Barnett v. Glossop...

Waddilove v.... Barrington, Lambirtb v.... Barrow, Lysons v..... Bass, Trotter v.... Battersby v. Kirk ... Baynton, Atkinson v. ..... Becke v. Mordaunt

59 293

94 395 205 390

23 451

7 196

Rolfe v. ...

19

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