Norfolk Annals, Vol. 2: A Chronological Record of Remarkable Events in the Nineteeth CenturyMackie, Charles
History
Norfolk Annals, Vol. 2: A Chronological Record of Remarkable Events in the Nineteeth Century
Mackie, Charles
Norfolk (England) -- History
5.—The suit, Gurney _v._ Gurney and Taylor, came before the Divorce
Court, Westminster. The husband sought dissolution of marriage, on the
ground of misconduct by the wife. A petition had been presented for the
settlement of property then vested in the wife in favour of the children,
the issue of the marriage, and the Solicitor-General applied for a rule
_nisi_ calling on the respondent, Mrs. Gurney, to show cause why a plea
or a pleading in the nature of or intended to be a plea should not be
taken off the file, and why the petition for settlement should not be
treated as unanswered or unopposed. Sir C. Cresswell granted a rule
_nisi_. Evidence was given in the case on January 22nd, 1861, and the
decree was made absolute on May 22nd.
11.—In the Vice-Chancellor’s Court was heard the action, Berney _v._ the
Norfolk and Eastern Counties Railway Company. By an agreement dated June
6th, 1843, the plaintiff sold certain land to the Norwich and Yarmouth
Railway Company, and it was provided that such company should establish
and for ever maintain a station in connection with their railway at
Reedham, on part of the land sold to them by plaintiff. Nothing was said
in the agreement in reference to stopping trains at the station. In 1844
the Norwich and Yarmouth railway was completed, and a station was
constructed in accordance with the agreement, and called the Barney Arms
Station, at which certain trains stopped. In 1845 the Norwich and
Yarmouth Company was incorporated with the Norfolk Railway Company, and
trains continued to stop at the station until 1850, when the Norfolk
Company discontinued the practice. The plaintiff thereupon instituted
this suit, praying for a specific performance of the agreement of June,
1843, and an injunction to restrain the Norfolk Company from permitting
the trains on their railway to pass the Berney Arms Station without
stopping thereat, which was, in effect, to compel the company to stop the
trains at that station. The motion for the injunction did not come on,
in consequence of an arrangement whereby the Norfolk Company agreed to
stop at Berney Arms Station one train from Norwich and one from Yarmouth
on every Monday, Wednesday, and Saturday. The Norfolk Railway was now
worked by the Eastern Counties Railway on an agreement dated in 1854,
which had received the sanction of the Legislature. The Eastern Counties
Company were then made parties to the suit. Although the trains then
stopped in a manner satisfactory to the plaintiff, there was no security
that they would continue to do so. The Vice-Chancellor said there must
be a specific performance of the agreement of June, 1843, and an order
that one train from Norwich and one from Yarmouth should stop at Berney
Arms Station on Monday, Wednesday, and Saturday in every week; but he
should also order that each of the companies should pay £100 to the
plaintiff by way of costs. But for the plaintiff’s forbearance in this
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account