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THE

NEW,YORK LEGAL OBSERVER,

CONTAIKTOT

REPORTS OF CASES.

4

DECIDED IH

THE COURTS OF EQUITY AND COMMON LAW,

AND •

IMPORTANT DECISIONS IN THE ENGLISH COURTS;


ALSO,

ARTICLES ON LEGAL SUBJECTS,

PRACTICAL POINTS OP GENERAL INTEREST, REMARKABLE TRIALS,

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

WITH

A TABLE OF CASES, A GENERAL INDEX,

, AND

A LDIGEST OF THE REPORTS.

EDITED BY

SAMUEL OWEN,

OF THE NEW-YORK BAR.

VOLUME V.

NEW-YORK:
OFFICE LEGAL OBSERVER,41 ANN.STREET.

1847.

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TABLE

OP

CASES REPORTED

IN THIS VOLUME.

A. B., in re

Adams v. Rowe ...

Allan and an'r v. Aguira and an'r American Exchange Bank v. City Bank American life Ins. and Trust Co. v. Bayard

ando'ra ...

Anderson, in re, estate of
Armsworth v. South Eastern Railway Co. -

B.
Bacon v. Beach - - - -

Banta ads Grilling ...

Barber and o'rs v. Butcher ...

Barley v. Walford ...

Barry and an'r v. Nesham and an'r

Bristow v. Needham ...

Batterson v. Furguson

Belsham v. Perceval - .

Benjamin v. Fraser, adm'r, etc.

Bishopp v. Colebrook - -

Bradner and o'rs v. Jones, sheriff, &c.

Br.,y '1ton v. The London and North Western

Railroad Co. -
Bristow v. Needham - -

Bromage v. Vaughan & Bevan -
Brown et al. v. McEvey -
Bryant & Barnes v. Woodruff -
Buck ads. O'Connor -

Bunn and Herder ads. Bradlie and o'rs -
Burch, in error, v. Westfall, in error -

C.

Carter v. Flower

Chamberlin ads. West

Chapman v. The British Guiana Bank

Cotheal v. Brower

Cowie v. Remfry

Coxhead v. Richards -

Cromwell v. Delaplaine

Cropsey v. Robinson . -

Da Costa, and Da Rocha, in re,

Dainea v. Heath

Daniels & Tryon ads. Stetson

Davis v. Clayton

Bavies v. Williams

Day v. Sharps •

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294 434 20 100 341 107

De Medina v. Grove ... 276

Doe d. Flumer v. Nainby - . 398

Donahue ads. Collins - 227

Dormay v. Borradaile ... 429

Dorr and an'r v. Swartwout - - 172

Dosseitei, The - - - - 110

Draper ads. Ferris and Underbill - - 227

Dunn v. Packwood - - 398

E.

Electric Telegraph Co. v. Nott and o'rs - 382

F.

Ferris et al. ads. Storms
Ferson v. Sanger et als.
Findeu v. Stephens
Freeman and an'r v. Arment
Freer v. Peacock

G.

Gallagher v. White

Gatty v. Field

Gazelle, The

Gilbert v. Mickle

Giles v. Tooth

Giles v. Rusk

Gillett v. Whitmarsh and or's

Gillon v. Bruen -

Gipsey King, The

Glascott v. Lang

Same v. Same

Goddard v. Norton

Gover, ex parte, re Humphreys

Goodal v. Lowndes

Gregg, an infant, in re,

H.

Haggerty v. Murray

Haines v. Taylor

Hale, in re, goods of,

Hall v. Hugonin - '

Hill v. Sands

Hills v. Nash

Hobby &. Morehouse ads. Bruce

Holding v. Liverpool Gas Co.

Hopkins v. Richardson

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James v. Ball'

Johnson and o'rs v. The Sloop Merchant

417 363

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M.

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

Rodgers rial -
Mayor v. Ward

McCalmont and or's v. Lawrence -
McCard v. Keller
McCarthy and an'r v. Noble
McDonald v. Menaire
Mellona, The -
Merritt v. Cornell -
Merritt v. Same
Metzger ads. Karet
Metzger, in re -'
Same -
Morris v. Howes -

N.

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

O.

Oatman, ex'r of Scott, in re - ■

P.

Paine and or's v. The Steamboat Neptune -
Parker v. Paretyill ...
Parsons v. Sexton ...
Partridge v. Meuck ...
Partridge v. The Governor & Co. of the Bank
of England ....
Paton v. Barker « -
Paull et ux v. Simpson ...
People, The v. Heine and an'r - -
People, The v. Eliza Phillips -
Pentz and or's adt. Brown
Petch and wife v. Lyon - ■

Phillips v. Naire and o'rs ...
Phyfe, adm'r, in re
Pollock v. Stacey

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148 228 227 348

19 144 143

71

63 100

20

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i Cleg Pott v. Flather Porter v. Dalley Prime, Ward & Co., in re

Ray v. Willis
Renwick v. McAllister
Reynell v. Lewis
Rich v. Basterfield
Robinson v. Hawksford
Robbins v. Davis and or's
Rogers v. Kennay
Rogers v. Rhodeback -
Root, estate of, in re
Russell v. Nicholas

Sadler adt. Tobias
Sandford adt. June
Saracen, The
Sawyer v. Jackson
Schilling v. Welman
Scioto, The, - -'
Seringapatam, The,
Sharland v. Mildon
Shepley v. Rangely
Sherwood v. Mutual Ins. Co.
Sloat v. N. Y. & Erie Railroad Co.
Smith v. Ball
Smyth v. Holme -
Sniffen adt. Weed
Soloman v. Lawson
Sparkman & Kelsey v. Higgins &. Co.
Spence v. Meynell and an'r
Spottiswood v. Clark

Tatham and o'rs v. Loring
Taylor v. Clay

Taylor v. Crowninshield and o'rs
Thompson v. Pettit and an'r
Tonnele, in re, proving will of
Triston and an'r v. Barrington
Turner v. Ambler -

TJ.

Usher v. Holeman
United States v. One case containing Cash-
mere Shawls -
United States v. Ship Recorder

Vaughan v. Hancock

W.

Walker v. Nussey -

Wallscourt v. Wallscourt -
Ward v. Key'
Wattripont and an'r v. Chesterman
Warren, a bankrupt, in re -
Webb v. Grace
Weed adt. Stewart and or's
West v. Newton
Wilkinson v. Gaston
Woodhouse and Smith v. Jones

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After.-svme years practice as a special pJeader.-MT/Tiudal was called to the bar.. This took".place.on the 20th June, 1809, and he selected the Northern Circuit as the field of his 'first.,exertions. It is said that during the early/ ye'ars of his progress he had so little expectatioji of his future eminence, that he applied,,or had thoughts of applying, for a colonial appointment; but was dissuaded from expatriating himself by one who knew his attainments and capacity, and augured truly of his final success.

Although Mr. Tindal was never distinguished as a popular speaker, he soon displayed eminent powers of reasoning and profound knowledge of the law. The common law reports afford abundant evidence of the esteem in which he was held as a lawyer. He was engaged in many of the most difficult cases and argued them with logical skill and great ability.

The lectures at the Inns of Court, having long been abolished, it is the custom for students, after entering themselves at one of the Inns of Court, to resort to the chambers of a special pleader or barrister in good practice and distinguished for his skill and learning. Certainly no better choice could be made of a preceptor than the subject of this memoir. Of kind and courteous manners, sound and discriminating judgment, great learning, patience, and assiduity, he was precisely the person with whom a student, anxious to acquire a knowledge of his profession, would be advised to study, and accordingly we find that the pupils of Mr. Tindal were numerous. Amongst others who had the benefit of his able advice and instruction were Lord Brougham and Mr. Baron Parke.

There is, of course, no better test of the

THE LATE LORD CHIEF JUSTICE TIN-
DAL

Nicholas Conyngham Tindal, the late
Lord Chief Justice of the Court of Com-
mon Pleas in England, was born at
Chelmsford in the year 1776. He was
descended from an ancient family in the
county of Essex. His father, Robert
Tindal, practised many years as an at-
torney at Chelmsford.

Mr. Tindal went through the usual course of school education at Chelmsford, and in the year 1795, entered Trinity College, Cambridge. At the expiration of four years he took the degree of bachelor of arts, and in 1802, that of master of arts. He obtained the prize of Chancellor's Senior Medallist, and stood high as a wrangler. He was elected a fellow of his College in 1803, and soon afterwards commenced his studies for the bar at Lincoln's Inn. He was a pupil of Mr. Richardson, afterwards Judge Richardson.

At that time any member of one of the Inns of Court was permitted to commence practice as a special pleader or conveyancer, the duties of which consist in preparing pleadings or conveyances for attorneys. Mr. Tindal availed himself of this permission, and practised as a special pleader, in which department of business he soon met with considerable success. This has been the course of many eminent lawyers who thus establish a reputation for skilful advice in the institution and defence of actions, the preparation of pleadings and settling evidence; and hence acquiring the confidence of their clients, (the attorneys,) they are enabled to proceed to the bar with a sure anticipation of success. Such has been the career of Mr. Tindal, Sir William Follet, Sir Fitzroy Kelly, Sir Frederick Pollock, and many esteem in which a counsellor is held for other eminent individuals. j his legal attainments, than the frequency

▼ol. r.

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