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of Rushall Hall, Staffordshire, Dean of Hereford. Born 1814. Educated at Eton and Univ. Coll. Oxon. (B.A. 1837, M.A. 1839). Practised as a special pleader 1840-8, in which latter year he was called to the Bar by the Inner Temple, and went the Northern Circuit. Q.C., 1861. Appointed a Lord Justice of Appeal in the High Court of Chancery, 1870.

20. Morrison, John, Esq., Advocate (Scot.) Called 1855. 13. Quinlan, James William, Esq., Solicitor (Irel.). 18. Rice, Michael, Esq., Solicitor (Irel.).

4. Robinson, Henry Meggison, Esq., Solicitor, Bristol, aged 48. Admitted 1852.

17. Tinclar, Francis Green, Esq., Solicitor (Irel.).

27. TOMLINSON, Thomas, of the Middle Temple, Esq., Barrister-at-law, M.A., Trin. Coll. Dub., aged 39.

1. WARNER, John, of the Inner Temple, Esq., Barrister-at-law, aged 71. Called 1830.

2. Wason, James, Esq., Solicitor, Birkenhead, Registrar of Birkenhead County Court, aged 72. Admitted 1829.

8. WILKINSON, Thomas, Esq., Solicitor, Canterbury, aged 80. Admitted 1833.

July. 8. ALLOWAY, Robert Morellet Montgomerie, Esq., Barristerat-law (Irel.), M.A., Trin. Coll. Dub., J.P. for Queen’s County, aged 70.

14. Carrick, William, Esq., Solicitor, Coroner for the Eastern Division of Cumberland, aged 73. Admitted 1827.

5. Cookson, William Strickland, Esq., Solicitor, aged 77. Admitted 1823. For many years Treasurer of the Social Science Association, and Representative of the Incorporated Law Society on the Council of Law Reporting.

4. Jackson, William Henry, Esq., Solicitor (Irel.), aged 66.

8. MARSHMAN, John Clark, Esq., Barrister-at-law, C.S.I., of Serampore, India. Eldest son of the well-known Dr. Marshman, Baptist Missionary there, and brother-in-law of the late General Sir Henry Havelock. Founder of the first Bengalee newspaper, and of the “Friend of India,” the first English weekly in India. Besides his great work the “History of India,” he was author of a“ Guide to the Civil Law," and other popular Anglo-Indian law works. 6. Philpot, Henry, Esq., Solicitor. Admitted 1863.

10. Sheil, Joseph Robert, Esq., M.A., LL.B., Solicitor (Irel.), aged 28.

17. White, Patrick A., Esq., Solicitor (Irel.), aged 30.

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LAW

REPORTS, LAW JOURNAL REPORTS, LAW TIMES

REPORTS, AND WEEKLY REPORTER,

WITH

TABLE OF CASES AND INDEX OF SUBJECTS.

AUGUST 1876–AUGUST 1877.'

BY

L. G. GORDON ROBBINS, B.A., Oxon,

Of Lincoln's Inn, Esq., Barrister-at-Lab.

LONDON:
STEVENS AND HAYNES

Law Publishers,
BELL YARD, TEMPLE BAR.

LONDON :

PRINTED BY PEWTRESS & Co., 15, GREAT QUEEN STREET, Lincoln's Inn Fields, W.C.

Quarterly Digest

ALL REPORTED CASES, Law Reports, Law Journal Beports, Law Times Reports,

and Weekly Beporter, FOR AUGUST, SEPTEMBER, AND OCTOBER, 1876.

By L. G. GORDON ROBBINS, Barrister-at-Law.

* IN THE

Administration; (i.) C. P. Div.-Account-Counter-claim.- An administrator may maintain an

action for the whole of a debt due to the intestate, and when an order bas been made in the Chancery Division for an account, the debtor cannot set up a counter-claim in respect of a debt due to bim from the estate, but must prove for it in the Administration action.-Neuell v. National

Provincial Bank, L.R. 1, C.P.D. 496; 45 L.J., C.P. 285; 24 W.R. 458. (ii.) Ch. Diy. V. C. B.--CostsProbate-Jurisdiction. The House of

Lords in an appeal from the Probate Court, ordered the costs to be paid out of the estate: Held that the Court of Probate having jurisdiction only over personalty, such costs could not be charged on the real estate.

Charter v. Charter, 45 L.J., Ch. 705 ; 34 L.T. 412 ; 24 W.R. 874. (ii.) P. D. & A. Diy.-Injunction.--Plaintiff claimed administration as next

of kin of intestate ; defendant, who alleged herself to bave been the wife of deceased, possessed herself of his personalty ; on ex parte application of plaintiff after issue of writ, but before service, Court granted an injunction to restrain defcndant from dealing with the property until further order.-Brand v. Mitson, L.J. 45, P.D. A. 41; 34 L.T. 854 ;

24 W.R. 524. (iv.) P. D. & A. Div - Limited Grant.- Where an executor's executor was out

of the jurisdiction, the Court granted administration with the will annexed to the nominee of parties interested, limited to a particular fund.- In the

goods of Grant, 45 L.J., P.D. A. 88; 24 W.R. 929. (v.) P. D. & A. Div.-Limited Grant.- Administration of estate of A. was

granted to B. & creditor who became bankrupt ; B.'s trustee assigned the debts due from bis estate to C., also a creditor; a grant de bonis was made to C. limited to B.'s interest.-In the goods of Bur dett, 45 L.J.

P.D.A. 71 ; 34 L.T. 855. (v i.Ch. Div.-- Partnership.-Where a partner since deceased bad misappro

priated partnersbip property : Held that the trustee in Bankruptcy of the surviving partners was entitled to prove against the separate estate of the deceased partner for the amount misappropriated.-Lacey v. Hill,

Bailey's claim. 35 L.T. 149. , (vii.) Ch. Div. V. C. H.-Real Estate-Sale.- Where the execntrix of a

deceased trustee wbo had committed & breach of trust admitted assets, but afterwards withdrew admission : Held that cestuis que trustent, who

had institated an administration suit were entitled to file a petition under 13 & 14 Viot. c. 86, 8. 55, for sale of deceased trustee's real estate before the ohief clerk had made his certificate as to the amount of liability,

Bell v. Turner, L.R. 2 Oh. D. 409 ; 45 L.J. Ch. 681; 24 W.R. 451. Agreements and Contracts :(i.) H. L.- Agency.-Where two persons agree that, for a fixed time, one shall

employ the other as sole agent at a certain place, and that the latter will not act there for any other principal, there is no implied contract that the employer will not part with the business during the time named.-Rhodes

v. Forwood, L.R. 1, App. 256 ; 34 L.T. 890; 24 W.R. 1078. (ii.) C. P. Div.-Breach of Contract.Measure of damages.—Plaintiff contracted

to construct a tramway, and made a sub-contract with defendants whereby they agreed to lay down and maintain in good repair asphalte on the roadway; in consequence of defective state of the asphalte, H. was injured and brought action. Plaintiff called on the defendants to defend the action, and on their refusal resisted and afterwards compromised it for £70; he had also to pay £58 for costs of the litigation; the jury found that the resistance and ultimate compromise were reasonable. Held that the defendants were liable for the £70 but not for the costs, as not being “ natural or necessary consequence of their default.”Fisher v. Val de

Trarers Asphalte Co., L.R. 1 O.P.D. 511. (iii.) C. P. Div.- Building Contract.-Held on the construction of a building

contract, that clauses with reference to avoidance of the contract and forfeiture of implements and materials, could only be enforced before the time originally fixed for completion of the works had expired.—Walker v.

London & North Western Railway Co., L.R. 1, C.P.D. 518. (iv.) Ex Div.- Construction.-E. S., a widow, being unable to pay her debts to

plaintiff, it was agreed that in consideration of regular payment of interest thereon, he would forego his claim to the principal during her life, and her daughters agreed to pay the principal “out of her estate at her decease”: the widow had then or thereafter no property except a life estate in freehold property, of which the daughters at her death became tenants in common in fee: Held that plaintiif having brought an action on the daughters' undertaking was rightly non-suited.-Brown v. Fletcher,'

35 L.T. 165. (v.) Q. B. Div.-Construction, Arbitration.-Defendants sold to plaintiff certain

goods guaranteeing their quality : it was also agreed that in case of dis. pute arising out of the contract the matter should be referred to arbitration within 14 days of landing: Held on construction of the contract that the agreement to refer was a condition precedent to action for damages.

- Pompe v. Fuchs, 34 L.T. 800. (vi.) Q B. Div.-Contract of sale.-Contract for sale of goods to be shipped

in the months of March and April”; the goods were actually shipped in February: Held that consignee was not bound to accept the goods. Shand v. Bowes, L.R. 1 Q.B.D. 470; 45 L.J. Q.B. 507; 34 L.T. 795; 24

W.R. 734. (vii.) C. P. Div.-Contract of Sale.- Vendor of goods contracted in writing to

deliver them 75 tons at once, and 75 in July next." By end of July only 75 tons had been delivered; in October, at verbal request of defendant, goods were forwarded to him, but were not accepted: Held that no action was maintainable under the original contract, nor was there any new contract to support action for goods sold and delivered.--Plevins v.

Downing, L.R. 10. P. D. 220; 45 L.J. C.P. 695; 35 L.T. 263. (viii.) Ex, Div.-Contract of Sale-Strike.-Plaintiff's contracted to supply

coals daily to defendants, vendors not being bound to keep up deliveries in event of a colliers' strike: on 28th of March a strike was brought about, owing to reduction of colliers' wages by plaintiffs, and the pits

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