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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 v. Cleg

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

235 456 335 409

K.

Kirk in re

L. La Forest v. Wall Lamond v. Davall Lander y. Parr Lane y. Dixon Langeman ads. Stevens Levy v. Webb Lewis v. Cooper Lewis v. Samuel Lewis v. Billing Lord v. Joachimssen Lynch ads. Welch & Drake

20

442

M.
Manchester, The Duke of
Mayor and council of the city of Columbus v.

Rodgers el al
Mayor v. Ward
McCalmont and or's v. Lawrence
McCard v. Keller
McCarthy and an'r v. Noble
McDonald v. Menaire
Mellona, The
Merritt y. Cornell
Merritt v. Same
Metzger ads. Karst
Metzger, in re
Same
Morris v. Howes -

R. 52 Ray v. Willis

100 Renwick v. McAllister

16 Reynell v. Lewis

156 148 Rich v. Båsterfield

463 228 Robinson v. Hawksford

104 227 Robbins v. Davis and or's

245 348 Rogers v. Kennay

272 19 Rogers v. Rhodeback

334 144 Root, éstate of, in re

449 143 Russell v. Nicholas

183 71 63

S. 100 Sadler ads. Tobias

100 20 Sandford ads. June

20 Saracen, The

422 Sawyer v. Jackson

380 315 Schilling v. Welman

Scioto, The, 166 Seringapatam, The,

319 70 Sharland v. Mildon

24 205 Shepley v. Rangely

5 418 Sherwood v. Mutual Ins. Co.

406 380 Sloat v. N. Y. & Erie Railroad Co.

417 18 Smith v. Ball

106 193 Smyth v. Holme

113 226 Sniffen ads. Weed

19 300 Soloman v. Lawson

31 49 Sparkman & Kelsey v. Higgins & Co. 122 83 Spence v. Meynell and an'r

109 367 Spottiswood v. Clark

142 101

T.
Tatham and o’rs v. Loring

207 Taylor v. Clay

230 192 Taylor v. Crowninshield and o'rs

209 147 Thompson v. Pettit and an'r

342 457 | Tonnele, in re, proving will of

254 177 Triston and an'r v. Barrington

159 141 Turner v. Ambler

396 432

U.
Usher v. Holeman

99 378 United States y. One case containing Cashmere Shawls

247 United States v. Ship Recorder

286 293 418

V. 460 Vaughan v. Hancock

- 155 94

W. 184 Walker v. Nussey

359 100 Wallscourt v. Wallscourt

313 270 Ward v. Key

21 381 Wattripont and an'r v. Chesterman

380 130 Warren, a bankrnpt, in re

327 19 Webb v. Grace

182 274 Weed ads. Stewart and or's

226 436 West v. Newton

417 331 Wilkinson v. Gaston

36 234 Woodhouse and Smith v. Jones

20

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N.

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Newton and an'r v. Belcher
Newton v. Chambers
Nichols v. Atherstone
Norberg, in error, v. Hillgreu, in error
North British Railway Co. v. Tod
Norton v. Seymour

0. Oatman, ex'r of Scott, in re

P.
Paine and or's v. The Steamboat Neptune
Parker v. Parshall
Parsons v. Sexton
Partridge v. Menck
Partridge v. The Governor & Co. of the Bank

of England
Paton v. Barker
Paull et ur v. Simpson
People, The v. Heine and an'r
People, The v. Eliza Phillips
Pentz and or's ads. Brown
Petch and wife v. Lyon
Phillips v. Naire and o'rs
Phyfe, adm'r, in re
Pollock v. Stacey

THE

New York Legal

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 bad 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.

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. Y.

cess.

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