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THE

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SKETCHES OF THE BENCH AND THE BAR, ANECDOTES, &c., &c.

WITH

A TABLE OF CASES, A GENERAL INDEX,

AND

A DIGEST OF THE REPORTS.

EDITED BY

SAMUEL OWEN,

OF THE NEW-YORK BAR.

VOLUME V.

NEW YORK:
OFFICE LEGAL OBSERVER, 41 ANN STREET.

1847.

324426

A

TABLE

OF

CASES REPORTED

IN THIS VOLUME.

276 398 227 429 172 110 227 398

382

19 43 181 381 383

100 144 196

10

A.

De Medina v. Grove A B., in re

136 Doe d. Plumer v. Nainby Adams v. Rowe

76 Donahue ads. Collins Allan and an'r v. Aguira and an'r

380 Dormay v. Borradaile American Exchange Bank v. City Bank 18 Dorr and an'r v. Swartwout American Life Ins. and Trust Co. v. Bayard Dosseitei, The and o'rs

13 Draper ads. Ferriş and Underhill Anderson, in re, estate of

302 Dunn v. Packwood Armsworth v. South Eastern Railway Co. • 345

E.
B.

Electric Telegraph Co. v. Nott and o'rg
Bacon v. Beach

448

F. Banta ads Griffing

100 Ferris et al. ads. Storms Barber and o'rs v. Butcher

67 Ferson v. Sanger et als. Barley v. Walford

71 Finden v. Stephens Barry and an'r v. Nesham and an'r

151 Freeman and an'r v. Arment Bristow y. Needham

21 Freer v. Peacock Batterson v. Furguson

100 Belsham v. Perceval

23

G. Benjamin v. Fraser, adm'r, &c.

18 Gallagher v. White Bishopp v. Colebrook

454 Gatty v. Field Bradner and o'rs v. Jones, sheriff, &c. 96 | Gazelle, The Breynton v. The London and North Western Gilbert v. Mickle Railroad Co.

269 Giles y. Tooth Bristow y. Needham

21 Giles v. Rusk Bromage v. Vaughan & Bevan

150 Gillett v. Whitmarsh and or's Brown et al. v. McEvey

19 Gillon v. Bruen Bryant & Barnes v. Woodruff

139

Gipsey King, The Buck ads. O'Connor

19 Glascott v. Lang Bunn and Herder ads. Bradlie and o'rs

227 | Same v. Same Burch, in error, v. Westfall, in error

178 Goddard v..Norton

Gover, ex parte, re Humphreys
C.

Goodal v. Lowndes
Carter v. Flower

393 Gregg, an infant, in re, Chamberlin ads. West

226 Chapman v. The British Guiana Bank 308

H. Cotheal v. Brower

175 Haggerty v. Murray Cowie v. Remfry

25 Haines v. Taylor Coxhead v. Richards

351 Hale, in re, goods of, Cromwell v. Delaplaine

226 Hall v. Hugonin Cropsey v. Robinson

20 Hill v. Sands

Hills v. Nash
D.

Hobby & Morehouse ads. Bruce
Da Costa, and Da Rocha, in re,

294 Holding v. Liverpool Gas Co. Daines v. Heath

434 Hopkins v. Richardson Daniels & Tryon ads. Stetson

20 Davis v. Clayton

100

J. Davies v. Williams

116 417

65 227 437 426 451 199

79 108 265

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418 305 339 101

19 338 18 77 149

341 James y. Ball Day v. Sharpe

107 Johnson and o’rs v. The Sloop Merchant

417 363

Johnson v. Wissman
Jones, ex'r of Mason, in re matter of account.

ing
Jones & Kershaw ads. Hurbaugh

18 Pott y. Cleg

Pott v. Flather
124 Porter v. Dalley
19 Prime, Ward & Co., in re

235 456 335 409

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71

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K.

R. Kirk in re

52 Ray v. Willis

Renwick v. McAllister
L.

Reynell y. Lewis
La Forest y. Wall

148 Rich v. Basterfield Lamond v. Davall

228 Robinson v. Hawksford Lander v. Parr

227 Robbins v. Davis and or's Lane v. Dixon

348 Rogers v. Kennay Langeman ads. Stevens

19 Rogers v. Rhodeback Levy v. Webb

144 Root, éstate of, in re Lewis v. Cooper

143 Russell y. Nicholas Lewis v. Samuel Lewis v. Billing

63

S. Lord v. Joachimssen

100 Sadler ads. Tobias Lynch ads. Welch & Drake

20 Sandford ads. June

Saracen, The
M.

Sawyer v. Jackson
Manchester, The Duke of

315 Schilling v. Welman Mayor and council of the city of Columbus v. Scioto, The, Rodgers el al

166 Seringapatam, The, Mayor v. Ward

70 Sharland y. Mildon McCalmont and or's v. Lawrence

205 Shepley v. Rangely McCard v. Keller

418 Sherwood v. Mutual Ins. Co. McCarthy and an'r v. Noble

380 Sloat v. N. Y. & Erie Railroad Co. McDonald v. Menaire

18 Smith v. Ball Mellona, The

193 Smyth v. Holme Merritt v. Cornell

226 Sniffen ads. Weed Merritt v. Same

300 Soloman y. Lawson Metzger ads. Karst

49 Sparkman & Kelsey v. Higgins & Co. Metzger, in re •

83 Spence v. Meynell and an'r Same

367 Spottiswood v. Clark Morris v. Howes

101

T.
Tatham and o’rs v. Loring

Taylor v. Clay
Newton and an'r v. Belcher

192 Taylor v. Crowninshield and o'rs Newton v. Chambers

147 Thompson v. Pettit and an'r Nichols y. Atherstone

457 | Tonnele, in re, proving will of Norberg, in error, v. Hillgreu, in error 177 Triston and an'r v. Barrington North British Railway Co. y. Tod

141 Turner v. Ambler Norton v. Seymour

432

U. 0.

Usher v. Holeman Oatman, ex'r of Scott, in re

378 United States y. One case containing Cash

mere Shawls
P.

United States v. Ship Recorder
Paine and or's v. The Steamboat Neptune · 293
Parker y. Parshall

418 Parsons v. Sexton

460 Vaughan v. Hancock Partridge v. Menck

94 Partridge v. The Governor & Co. of the Bank

W. of England

184 Walker v. Nussey Paton v. Barker

100 Wallscourt v. Wallscourt Paull et uz v. Simpson

270 Ward v. Key People, The v. Heine and an's

381 Wattripont and an'r v. Chesterman People, The v. Eliza Phillips

130 Warren, a bankrnpt, in re Pentz and or's ads. Brown

19 Webb v. Grace Petch and wife v. Lyon

274 Weed ads. Stewart and or's Phillips v. Naire and o'rs

436 West v. Newton Phyfe, admn'r, in re

331 Wilkinson v. Gaston Pollock v. Stacey

234 | Woodhouse and Smith v. Jones

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THE

N-York Segal Observer .

success.

VOL. V.)

NEW-YORK, JANUARY, 1847. [MONTHLY PART.

After, some years practice as a special THE LATE LORD CHIEF JUSTICE TIN.

pleader: Mr: Tindal was called to the bar. DAL.

This took place on the 20th June, 1809, Nicholas CONYNGHAM TINDAL, the late and he selected the Northern Circuit as Lord Chief Justice of the Court of Com- the field of his first exertions. It is said mon Pleas in England, was born at that during the early years of his progress Chelmsford in the year 1776. He was he had so little expectation of his future descended from an ancient family in the eminence, that he applied, or had thoughts county of Essex. His father, Robert of applying, for a colonial appointment; Tindal, practised many years as an at- but was dissuaded from expatriating himtorney at Chelmsford.

self by one who knew his attainments and Mr. Tindal went through the usual course capacity, and augured truly of his final of school education at Chelmsford, and in the year 1795, entered Trinity College, Although Mr. Tindal was never disCambridge. At the expiration of four years tinguished as a popular speaker, he soon he took the degree of bachelor of arts, displayed eminent powers of reasoning and in 1802, that of master of arts. He and profound knowledge of the law. The obtained the prize of Chancellor's Senior common law reports afford abundant eviMedallist, and stood high as a wrangler. dence of the esteem in which he was held He was elected a fellow of his College in as a lawyer. He was engaged in many 1803, and soon afterwards commenced of the most difficult cases and argued them his studies for the bar at Lincoln's Inn. with logical skill and great ability. He was a pupil of Mr. Richardson, after- The lectures at the Inns of Court, havwards Judge Richardson.

ing long been abolished, it is the custom At that time any member of one of the for students, after entering themselves at Inns of Court was permitted to commence one of the Inns of Court, to resort to the practice as a special pleader or convey-chambers of a special pleader or barrister ancer, the duties of which consist in pre- in good practice and distinguished for his paring pleadings or conveyances for at- skill and learning. Certainly no better torneys. Mr. Tindal availed himself of choice could be made of a preceptor than this permission, and practised as a special the subject of this memoir. Of kind and pleader, in which department of business courteous manners, sound and discrimihe soon met with considerable success. nating judgment, great learning, paThis has been the course of many eminent tience, and assiduity, he was precisely the lawyers who thus establish a reputation person with whom a student, anxious to for skilful advice in the institution and de- acquire a knowledge of his profession, fence of actions, the preparation of plead- would be advised to study, and accordings and settling evidence; and hence ac- ingly we find that the pupils of Mr. Tinquiring the confidence of their clients, (the dal were numerous. Amongst others who attorneys,) they are enabled to proceed had the benefit of his able advice and into the bar with a sure anticipation of suc- struction were Lord Brougham and Mr. cess. Such has been the career of Mr. Baron Parke. Tindal, Sir William Follet, Sir Fitzroy There is, of course, no better test of the Kelly, Sir Frederick Pollock, and many esteem in which a counsellor is held for other eminent individuals.

his legal attainments, than the frequency VOL. V.

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