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Bishop of Meath V Marquis of Winchester NEW CASES IN tbDr €Ottt't of €ommoll ~ka:~. AND OTIIER co UR T s. WITH TABLES OF THE CASES AND PRINCIPAL MATTERS. Uy PEREGRINE BINGHAM, OF THE: MIDDLE TEMPLE, ESQ. BARRISTER AT LAW. VOL. III. FROM TRINITY TERM, 6 WILLIAM IV. 1836, TO TRINITY TERM, 7 WILLIAM IV. 1837, DOTH INCI,USrVE. LONDON: I1RINTED FOR SAUNDERS' AND DENNING, LAW-1I00KSEU,ERS AND PUBLISHERS, '1<3. FLEET-STREET. JUDGES OF THE COURT OF COMMON PLEAS, .DURING THE PERIOD CONTAINED IN THIS VOLUME. The Right Hon. Sir NICHOI,AS CONYNGHAM TINDAL, I{nt. Ld. Ch. J. Hon. Sir JAMES ALLAN PARK,. Knt. Hon. Sir STEPHEN GASELEE, Knt. The Right Hon. Sir JOHN BERNARD BOSANQUET, Knt. TI~~ Right Hon. Sir ~OHN VAUGHAN, Knt. lIon. Sir THOMAS COLrrMAN, Knt. I A TABLE OF TIlE NAMES OF CASES REPORTED IN THIS VOLUME. Page A Blatchford v. Plymollth, Page Mayor, &c. of 691 A DDOTTS v. Kelly 478 Blomberg, Vivian v. 311 Alvez, Forstel' v. 896 Bonnin, Day v. Anderson, Dank ofEngland v. 589 219 Booth, Cunliffe v. 821 Archbishop of Canterbury v. Boulton v. Welsh Tubb 688 789 Bowman v. Willis Arnold tl. Arnold 81 669 Bramah v. Roberts 963 Branson, In the Matter of 788 'Britton v. Jones B 676 Brogden v. Marriott 88 Broggref v. Hawke Baden ~J. Flight 685 880 Bl'Ookes v. Farlar 291 Baker, East India Company v. 860 Brown, Ernest v. Bank of England v. Ander- 674 sou Browne, Richards v. 493 589 BLlrbidge, Henry, v. Basingstoke Canal Company, 501 Pontet v. 433 Bayley v. Homan 915 C 13eale v. Sandel~s 850 I3eesley, Prime v. 391 Campbell, Tyler v. Bennet '0. Smith 305 675 Hetteley v. )1'Leod Campion v. Colvin 17 405 Capper 'V. Forster Bicknel, 'ripper v. 710 938 . BinI ~). Gammon Capps, Doe d. Capps, v. 768 883 Chadwick, Trower v. lllacklow, Taylor 'v. 235 334 Chapman, Yetltes t1. 262 viii TABLE OF CASES REPORTED. Page E Cholmondeley v. Payne 708 Page Clarke, Doe d. Bath v. 429 East India Company v. Baker 860 Cloves v. Williams 868 Eburn, Phypers v. 250 Cole, Young v. 724 Elwin, Cumming v. 882 Colvin, Campion v. 17 Ernest v. Brown 674 Connell; Percival v. 877 Eveleigh v. Salsbury 298 Cooper, Leuckhart v. 99 Ex parte Garcia 299 Cornish v. Keene 570 Grove 304 Cox v. King 795 Croft v. Miller 975 Cross Keys Bridge Company F v. Rawlings 71 Cumming v. Elwin 882 Fallows, Robson v. 392 Cunliffe v. Booth 821 Farlar, Brookes v. 291 v. Whitehead 828 Finch, South v. 506 Curling, Stavers v. 355 Finleyson v. Mackenzie 824 Curtis, Davis v. 259 Firmin, Stanhope v. 301 Fisher, Tolson v. 783 Flight, Baden v. 685 D Forster, Capper v. 938 Foster v. Alvez 896 Daniel, Napier v. 77 -- v. Steele 892 Davis v. Curtis 259 Furnival v. Stringer 96 Day v. Bonnin 219 Delegal v. Highley 950 Des Anges, Gregory v. 85 G Devas v. Venables 400 Deverill, Trentham v. 397 Gale v. 'Viilkes 294.· Doe d. Bath v. Clarke 429 Gammon, Bird v. 883 Brame v. Maple 832 Garcia, Ex parte 299 Capps v. Capps 768 Gaunt v. Wainman 69 Caulfield v. Roe 329 Gesse, Williams v. 849 Daffey v. Sinclair 778 Gingell v. Turner 881 Jarman v. Larder 92 Godwin, Lucas v. 737 North v. Webber 922 Goldsmid v. Lewis 46 Peter v. Watkins 421 Goodfellow v. Robing!) 1 Rhodes v. Robinson 677 Gowar, Vere v. 503 Donne, Grocers' Company v. 34 Gower v. Von Dedalzell 717 Doyley v. Roberts 835 Granger v. Taunton 64 Dumsday v. Hughes 4.·39 Green v. White 59 Dundas, Ranson '0. 123 Gregory v. Des Anges 85 Same, Same v. 180 Grissell 'V. Robinson 10 Same, Same v. 556 Grocers' Company 'V. Donne 34 j, Dunnage 'V. Kemble 538 Grove, Ex parte 30'1 r TABLE OF CASES REPORTED. JX H L Page Page Hal), Wilkinson v. 508 Lahee, Marks v. 408 Harmer, Morrison v. 759 Lainson, Wilson 'V. 307 Harrington,' Yapp v. 907 Lamont, Vouchee 297 Hawke, Broggref v. 880 Lane v. Parsons 264 Hawker, Sharp v. 66 Larder, Doe demo Jarman 'V. 92 Henry v. Burbidge 501 Lawes, Holliday v. .541 Highley, Delegal v. 950 Same, Same v. 774 Holliday v. Lawes 541 Leuckhart v. Cooper 99 Same v. Same 774 Lewis, Goldsmid v. 46 Homan, Bayley v. 915 Lindsay v. Wells 777 Hughes, Dumsday v. 439 Long, Staley v. 781 Hunter v. Whitfield 878 Lord v. Wardle 680 Hurd, Wood 'V. 45 -, Wrench v. 672 Lorymer 'lie Vizeu 222 Same v. Same I 427 Lucas v. Godwin 7S7 Lucy v. Walrond 841 In the Matter of Branson 783 Rider and Fisher 874 M -- Scholfield 293 Mackenzie, Finleysoll v. 824 J M'Leod, Betteley 'V. 40,1) Malachy v. Soper 371 Jackson v. Jacob 869 Maple, Doe demo Brame 'V. 832 James v. Saher 544 Marks v. Lahee . 4·08 Johnson v. Windle 225 Marriott, Brogden v. 88 Jones, Britton 'V. 676 Massey v. Nanney 478 - 'V. Price 52 Meath, Bishop of, 'V. Marquis -, Skinners' Company v. 481 of Winchester 18S - 'V. Vestris 677 Melbourne, Norton 'V. 67 Mellin v. Taylor 109 Memorandum 668 K Menlove, Vaughan v. 468 Miller, Croft v. 975 Keene, Cornish v. 570 , Scott v. 811 Kelly, Abbotts v. 478 Moon v. Witney Union 81'1.. Kemble, Dunnage 'V. 538 Moore, Vere v. 261 King. Cox v. 795 Morgan v. Pebrer· 457 Knight v. W oore S Morrison .v. Harmer 759 .$ Same v. Same 534 Murphy, Young 'V. 54 Knipe, Weymouth v. 387 VOL. III. a x TABLE OF CASES REPORTED.. Page N Roberts, Bramah 'V. 963 Page ---, Dayley 'V. 835 Nanney, Massey 'V. 478 Robings, Goodfellow 'V. 1 Napier 'V. Daniel 77 Robinson,Doedem.Rhodes'V.677 Nicholson, Stuart 'V. 113 Norton v. Melbourne 67 ---, Grissell v. 10 ---, Stowell v. 928 Robson 'V. :Fallows 392 o Roe, Doe demo Caulfield f). 329 Rogers, Pole 'V. 780 Overton v. Swettenham 786 Roux 'V. Salvador .266 p S Parsons, Lane 'V. 264 Salsbury, Eveleigh 'V. 298 Pascoe 'V. Pascoe 898 Salter, James 'V. 544 Payne, Cholmondeley 'V. 708 Salvador, Roux 'V. 266 Pebrer, Morgan 'V. 457 Sanders, Beale 'V. 850 Percival 'V. Connell 877 Scholfield, In the Matter of 293 Phillips, Wyllie 'V. 776 Scott 'V. Miller 811 Phypers 'V. Eburn 250 Sharp 'V. Hawker 66 Piercy, demandant; Gardner, Sharwood, Williams 'V. 331 tenant 748 Sinclair, Doe d. Daffey 'V. 778 Plymouth, Mayor, &c. of, Skinners' Company 'V. Jones 481 Blatchford 'V. 691 Smith, Bennett 'V. 305 Pole 'V. Rogers 780 'V. Smith 29 Pontet 'V. Basingstoke Canal Soper, Malachy 'V. 371 Company 433 South 'V. Finch 506 Price, Jones 'V. 52 Staley 'V. Long 781 Prime 'V. Beesley 391 Stanhope '1). Firmin 301 Prole 'V. Wiggins 230 Stanley 'V. Towgood 4 Stannard v. Ullithorne 326 R Stavers V. Curling 355 Steele, Foster v. 892 Stowell 'V. Robinson 928 Ranson 'V. Dundas 123 Stringer, Furnival 'D. 96 Same 'V. Same 180 Stuart v. Nicholson 113 Same 'V. Same 556 Rawlings, Cross Keys Bridge Swettenliam, Overton v. 786 Company 'V. 71 Regulre Generales 386. 977 T Rhodes, Webb 'V. 732 Richards 'v. Browne 493 Taunton, Granger 'v. 64· Rider and Fisher, In the Tavlor v. Blacklow 235 Matter of 874 Ta)'lor, Mellin v. 109 . .1 TABLE OF CASES REPORTED. Xl Page Pacre0 Tipper v. Bicknell 710 Watson, Tolson 'v. 770 Tolson v. Fisher 783 Webb 'D. Rhodes 732 --'D. Watson 770 Webber, Doe d. North tJ. 922 Towgood, Stanley v. 4 'VeIls, Lindsay tJ. 777 Trentham v. Deverill 397 Welsh, Boulton 'D. 688 Trower 'D. Chad wick 384 Weymouth 'D. Knipe 387 Tubb~ Archbishop of Can tel"- White, Green 'D. 59 bury v. 789 Whitfield, Hunter v. 878 Turner, Gingell v. 881 Whitehead, CunHffe 'D. 828 Tyler 'D. Campbell 675 Wiggins, Prole v. 230 Wigley, Worthington v. 454 Wilkinson v. Hall 508 U Williams v. Gesse 849 , Cloves v. 868 ~}. Ullithorne, Stannard 326 --'D. Sharwood 331 Willis, Bowman 'D. 669 Wilson 'D. Lainson 307 V Winchester, Marquis of, Bishop of Meath 'rl. 183 Vaughan v. Menlove 468 Windle, Johnson 'D. 22.5 Venables, Devas 'D. 400 Winkes, Gale v. 294 Vere v. Gowar 503 Witney Union, Moon v. 8U - v. Moore 261 Wood 'D. Hurd Vestris, Jon-es v. 4.5 677 W oore, Knight v. 3 Vizeu, Lorymer. 'D. 222 Same, Same v. 534 Same, Same 'D. 427 "Vorthington 'D. Wigley 454 Vivian v. Blomberg 3.11 Wrench v. Lord 672 Von Dedalzen, Gower 'v. 717 Wyllie 'D. Phillips 776 W Y Wainman, Gaunt v. 69 Yapp v. Harrington 907 'Valrond, Lucy v. 841 Yeates v. Chapman Wardle, Lord v. 262 680 Young v. Cole 724, Watkins, Doe d. Peter 'D. 421 --v. Murphy 54 6 WILL. IV. 183 1836. IN THE I-IOUSE OF LORDS. (In Error from the Exchequer Chamber in Ireland.) The Lord Bishop of MEATH, and JAMES ALEX- July 6. ANDER, Clerk, Plaintiffs in Error, v. The l\1ar- quess of \V INCHESTEH., Defendant in Error. THIS was an action of quare impedit brought by the 1. A case Marquess of If'illchester, the Plaintiff below, in the touching the i right of pre- I Court of Common Pleas in Ireland, in Easter term sentation to a ! 1829, living by the 1 against the Lord Bishop of lJIeatlz and the Rev. i ! James Alexander, to recover the advowson of the parish bishop of M., \ stated for the church of Killucan, otherwise Rathwcil', in the diocese opinion of of JJ1eatlz and county of JVcstmeath, in Ireland. (Qunsel, by a bishop of M. The questions arose only on the fifth count, and the in 1695, and pleadings and evidence relating to that count.
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