Court Of Common Pleas, Mo...
st-rttnu,s zn Banco. This was an action to recover 7L 10s., the value of 15 fat turkies, the property of the plaintif. Kh casewas tried on Thursdaylast at the sittings in London, and on that occasion the plaintiff' vas non- suited, on the ground that the declaration was f;r goods sold and de- livered, but the proof wert onlv to goods to be sold on commission. 31ir. Sergeant VAU GHAN- now moved for a rule to showcauSe wihy that nonsuit should not beget aside, and a new trial granted. The learned Sergeant was about to state the grounds of his mo- tion, when The LORD Cni Er JUSTICE ebserved, that before the case was tried, application -as made to him on behalfof the plaintiff; for leave to amend his dedaration. He was disposed to Jo so, when it was intimated on the part ofthe defendant, that if the plaintiff amended his declaration, he (the defew!ant) would file a demurrer. On this his Lordship sgave leave to plaintiff to amend, with the under- standing that he was to withdraw his record,end that the defendant was afterwards to rest on his demurrer, and not enter a new plea. The parties, however, after this, consulted r,ith their counsel, arid agreed to co to trial on the dedaration and pleas as thev stood. The plain- tiffl s nonsuited. Under these circurnstances, he (the Lord Chief J.s1 e) did not see how the Court could. assist the parties, as the matters now stood. It they had any appetite for further legal pro- ceedinge, let them commence again vwith fresh pleas. Alr. Sergeant VAUGOA, said his client had a greater alppetite for the turkey.-Motion refused. COURT OF COMM A2 ON PLEAS, NoXDl.Y, NoV. 22. KELBURNE V. UPJOIIN'.