SUPREME COURT.

Evening Star, Issue 3654, 7 November 1874, Page 2

SUPREME COURT.

IN BANCO. Saturday, November 7. (Before His Honor Mr Justice Chapman.) ’•OSS v. R ith AND otuers. —This was an ac ioa for the wrongful dismissal of the plaintiff from his employment as archit.-ct of Knox Church. In the first instance seven issues sve. c agreed to ami settled, but in consequence of certain additional pleas, additional iasues were f ained. The fourth of the ongioai i s es o uuamed the gist of the action. !t raised the question whether the defendants wrongfully dsmissed the plaintiff The additional issues framed u on the pleas put the defendants justification of the dismissal on three ; on two of these th; finding <f th--: jury was against the defendants . on the ihi d too jury found tbit the plaintiff in isted up >u the appointment of one Dotson as e e k of the works ; that Hotsoi wis an uiiliand impoper person for th< offie ■, and that the defendants were ju - titled ia dismissing the plaintiff on that ground, thus the I’m-ling o- the j .ry on the fourth is.-.ue, widen really disposer) of the whole gist •>f ihe action, ivas support -d and exp ainc »y their fin dugs oa too fifth and following ef the aaidUioaal issu. i. Bui. not withstanding these findings m i ivur of the defemla t .■■■., which were sufficient i > give them the gener -.1 v(-rdic‘, the.- found » oat the plaintiff was untitled to 40s dam ;es -a finding wholiv inconsistent with U;..-a- previous findings, orue nan-suit point - were reserved at theii d, s that this mi., was in the a ternatim c-r 1 ave to enter a n-.a-suit and to enter tin; verdi t for the defei dauts al-o in p Tsuance of leave <>n the ground th.-.t the findings ot the jury negativing the allegation of wro .gfai dismissal, and justifying the defendants on the score of the plaint ff a conduct about Hot -on, enti led the defendants to the general verdict. His Honor, in giving judgment, said he had not the least dou-1 that the issues referred to did, in fact, taken alone, en itle the defendants to the gene al verdict, or amount to a verdict for the de fondants, ant the only question he had to consider was whether the Court could in the face pf the finding of damages in plaintiff's iavor, direct the general verdict to be entered •nr the defendant#, and ho was of opinion that the Court had power to order the vet (Her,so to be entered, notwithstanding the inconsistent finding in the question of damages. Rule absolute to enter the general v-rdict for the defendants. Leave to appeal was given —ln the same ease, his Honor feeling satisfied that the findings of the jury in the fourth, filth, and following of the additional issues, were justified by the evidenes, dismissed, with costs, the rule for a new trial. Leave to appeal was also given.