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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.

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324126

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276 398 227 429 172 110 227 398

382

19 43 181 381 383

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'rs
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 v. Needham

21 Freer y. 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 v. Tooth Bristow v. 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 y. 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 .

100 144 196

10 116 417

65 227 437 426 451 199

79 108 265

418 305 339 101

19 338 18 77 149 235 456 335 409

341 James v. 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

K.

Kirk in re

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

100

16 156 463 104 245 272 334 449 183

100

20

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 v. Cornell
Merritt v. Same
Metzger ads. Karst
Metzger, in re
Same
Morris v. Howes -

422
380

20
442
319
24

5 406 417 106 113 19 31 122 109 142

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R. 52 Ray v. Willis

Renwick v. McAllister

Reynell v. Lewis 148 Rich v. Basterfield 228 Robinson v. Hawksford 227 Robbins v. Davis and or's 348 Rogers v.

Kennay 19 Rogers v. Rhodeback 144 Root, estate of, in re 143 Russell v. Nicholas 71 63

S. 100 Sadler ads. Tobias 20 Sandford ads. June

Saracen, The

Sawyer v. Jackson 315 Schilling v. Welman

Scioto, The, 166 Seringapatam, The,

70 Sharland v. Mildon 205 Shepley v. Rangely 418 Sherwood v. Mutual Ins. Co. 380 Sloat v. N. Y. & Erie Railroad Co.

18 Smith v. Ball 193 Smyth v. Holme 226 | Sniffen ads. Weed 300 Soloman y. Lawson

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N.

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

207 230 209 342 254 159 396

99

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

247 286

155

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

49 Sparkman & Kelsey v. Higgins & Co.
83 Spence v. Meynell and an'r
367 Spottiswood v. Clark
101

T.
Tatham and o’rs v. Loring

Taylor v. Clay
192 Taylor v. Crowninshield and o'rg
147 Thompson v. Pettit and an'r
457 Tonnele, in re, proving will of
177 Triston and an'r v. Barrington
141 Turner v. Ambler
432

U.
Usher v. Holeman
378 United States v. One case containing Cash-

mere Shawls
United States v. Ship Recorder
293
418

V.
460 | Vaughan v. Hancock
94

W.
184 Walker v. Nussey
100 Wallscourt v. Wallscourt
270 Ward v. Key
381 Wattripont and an'r v. Chesterman
130 Warren, a bankrnpt, in re ·

19 Webb v. Grace
274 Weed ads. Stewart and or's
436 | West v. Newton
331 Wilkinson v. Gaston
234 Woodhouse and Smith v. Jones

of England
Paton v. Barker
Paull et uz 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

1

359 313

21 380 327 182 226 417 36 20

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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.

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.

cess.

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