Court Of King's Bench, We...
JL ,,, was an actiom tor money had and received to the plaintiff's use. The plaintiff was the deputy clerk ot' the parish of Alaryle. bone, under Mr. Tyler, who received the appointmnent of clerk fom the Duke of Portland, as a reward for lang and faithful ser- vices, and himself resided at Windsor. The defendant was sexton, 2das such ought to have paid the fees, deducting his salary, to the laintiff, by vrhom they were usually paid into Mlr. Tyler's banker's. she defenilant, as was allezed, had omitted to pay these fees, and in oonsequence the plaintiff was dismissed for not making good his owrn payments, and now sought to recover the amount of the fees v tche he should hbave received from the sexton. The IJOkD CHIEF JUSTICE WaS of opinion, that Mlr. Parkin ,could not support the action, as the fees belonge3 not to him, but -to Mlr. Tyler, and there was no privity between him and the de- fendant. The plaintiff was ascordiugly nonsuited, before any statement of thedefendlant's case wasmade. Theothercauses were entirely destitute of interert. COURT OF COMMON PLEAS, WESTXMINSTER, DEC. 4. The LoRD CHIEp JUSTICE .at this day at Nis! PTrine. 'Thc cause of3rzirP i. Smith ocoupied the whole of the day, but was of no public interest except to the parties coacerned in it. The plead- ings were of a most volauminous nature. In the course ef the trial a buestion rose upon them, and as the junior counsel, wlho had drawn them for the plaintiff, had left the Court to attend to another cause in which he vas engaged in the Court of King's Bench, much time was lost before that exact part of the declaration could be found, which was dlpendetd upon as letting in certain evidence tendered by the plaintiff. The LORD C}IBF JUSTICE tookoccasion toremark upon the necessity of the counsel remaining in Court, who had been engaged in preparing such voluminous proceedings as the present * and aid that he was much inclined to make somearrangement to procure their presence, in order to prevent the time of the public being un. flecossx:ily wasted in d;sture. COURT OF KING'S BENCH. wXrwrxryr- Yl- A rARXTN V. CIIAfM]WRT.Afl?.