Appeals. As this celebea~tedcae is anow concludod lltimatelysandfor ever, it mayrrit'be amiss to state ina few wor-dstheogeneraI naluro of the question wehich has been in controversy between the partids litigant, and wvhich has so much attracted the no- t1ces of thte public,. not in consequenice of its own intrinsic merits,ca in consequeneo of tho e"tent of the property involved in tho decision, and which, in the annals of juirisprudence, wvill be esiiy known as having given riso in the court below to the3deliver.7ofa,judgmontuieparallcledin thie exhibition of every judicial attribute, which judgment itself has been, howevTer, icexcerdled "1to uee tho words of Lord B3rougham, "if any thing cou13 exceed it," by the vindication of tha judgment ire the Housva of Lord& by Lord Lyndhurst himself, who pre- sidd eer he rignalheaingof he asein the Court of Ex- cheqer. he crcumtancs ou of hichthe -case has arisen statement wee made in writing inserapsoe yn agent of Mlr. Attisood of the produceofte orsi &oton, andc the the expense of producing such produce. rerii h nature and cbaracter of these sritte. paper it was alleged on the ?art of Mlr. Small thait the~ conitained a declaration of the t ien present condition of te oconcern and represented the actuatl amount of iron thicn produced and the actual cost of then producing it. Upon thie part of3Mr. Attwood it was contended that they contained onily an estimate of whbat hiad beeni upon an average of several years the amount of produce and of the expense of production or of what would or may ite such rorduce, and cost in certain circumstances, future, contingent, and rlypothietical. Thie real nature and character ot the statements contained in these papers vwas theo principal and only question in the case ; but in ordler to arrive at a justeconclusion upon this question it becamec necessary to take a great vatiety of other aiid colla- teral circumstances into consideration. Of these cireumstances some of the principal svere statedl ini the specehes delivered by the L-ord Clhancellor and by Lord Ly-ndlhurst in the forrmer part of the bearing etc TIhursday last, whicih wore fully- re- portea in this papfer of Frida,y. Upon that occasion Lord Brougliam, whio had comeQ into the lhouse prepared to reverse the judigment of the Court below, moved an adjooirnnienit of the fia -eiiniconsequemice of the effect produced upon his mnind by the speech of Lord Lyndliurat, and the ease was accordin6ly ordtered to stand over until Monday. Upon the sitingofthehotseyesterday, Lord Bnou'ousat addressed their Lordships and said, that he approached theo case wNith deep anxiety, which was pro- duced not only by thie imaFortance of the mcas itsef, but by the peculiar poshiion in w rich hoe (Lord Brough:lm) happened to be piaced at theo momient of its decision, a position whichl ;*,Ye to his opinion a degree of intereztand importance wyhich it coiild inot derive fromx an), intrinsic value of its own.' The case itself iwas Nivthout exaniple in thle memory of thle oldest pritetitioner,in the lciigtlh and coniplexity of the details which it had been necessary to takte into consideration2 inl the mass and volume of the matter by which tlheir L-ordsliips had been neuncubereed, and in the value of tlio subject which de- pended upon the result of thso controversy. The heoaring hiad in alt occupied miore than foutr score days, of which 50 were ta'ken up at the lbar of their Lordships' hiouse. The printed papers amounted to no less than 30,000 folio pages ; and theo notes whbich had beezs furniished toIilim of theo argumient in the case amounted to 10,000 pages in folio. It Vwas AlSO worthy of nticetha, unike ll thercase fwliichi he liad ever head, nseadof imnisin ii prliityasit advanced-in- sted o gowig igheri te qanityofmatter-instead of growng arrwerin he rouds f te cntroversy-it lhad becom moreprolx, moe weghty,and Lioer extendied in everysuecedingstag, untl atlasttheiir tsorohp worecl overhlmed wius h av- mass, ofer mhattero una whach, they lay edhdaluftgud,ifnotonfouedenadwiimade h ujc f beenasraegularly accumutlaing in deaery hertofor st agoe oftihe threemstages o wofiultb ovfientfo the fismainationto sanxithe limit tppoawhicg tho coatedraias of tho eviene, wouldha anxitend In thepogr,es ofd timecauyose every fact, evlteerysao of ai fact, andaer in- dividqualnlogurehis beenm mae thed sbjectno uabl soeparaeisue,t at the whole of theo bearing which too], p lace in that house. Ho had, howeve-7, en Thursday last, haid tile opportunity of hecaring the adnimiort of hiis noble and learned friend on t~o oo sox,and ad lsolistenied to the speechl of h.Js noble and learned friend (Lord Lyndhurst), theo most able that lie liad ever lieard-a spceli so forcible that it would hive been sufficient to- obstrucet his (Lord Breugham's) coming to, any conclusoion contrary t.a the oni- ~,in.al.judgmient, if he had not come to that conclusion before. .rumtndes niade lila pvsition peculiarly difficeult. Ho Nwa, on the othier hand, comforted by othier fatcts. He hiad gonie throughi all theo papers and documents connected, with the caLuse2 and althoughi they presented such a mnass as created ~rest difficul ty arcd anxiety at first, yet lie believed that lie ~ad been able'to arrive at last at the real gist of the ease, aoil to place it upon jrounds wvhichi, alth,ough coinsiderably oar- =owed 're sulficienit to afford Iiini thwe most cotiip lee amid stsatory foundation for the conclusion to wbicIb he lhad arrived : aiid indeed, if any doubt hiad at alt remainied upon his mid, he ould ave wihdrawnaltogther fom th po~si- terfrene. H proeede, i theOralplae, to the suibject of diretin anisse, nd n rfernceto hislie entertained no was ,appeared alniost interniinatile. In tefrtpae h subject of an issue hiad never beeii broahditecor belowv; in thte secondI place, Lord Lyndhurst himuself never entertained aniy doubt about the facts of thle cse, and lhad tlierefore no reason for directing an issue sil i the last place, none of the psa-ties bad asked for an issuie even at the bar otat hiouse ; andI if they hail, lie shiould not have thtoughit that they Nvere entitled to have suchl request comiplied wNithi, as the question Nvie really in its owns nature onie whtich was not at sit adapte(i for a trial by jury. Theore was nio person eho entertained a niece profoundt respect than lie dlidi for trial by jury. lce wvas fully asvaro of its great importance where damiages wvere to be assessed, or whlere conflictiiig testimony was to be observed and estimated according to lice demecanour of the witnesses ; he lkiicw and adnmitted thio imiportance of briniging various miinds to weoigh aiid examine the value of ani injury and the amount of comnpensatioin shicic wyas to he given forit Itsvs nt,hosevr, ob deiid tatgreat risk attended tha nide f iquiy1 nd speialy ii aeas like the present, svhiec lie prviou itgatin ha bee i sc as to enable the part toascrtai th ponts n rfernceto whiceh he wvas to preareIss tstion. I reyct o thsepoints the adver- sarywoud le copartivly upresari, tid would ho unfl' until lie saw them in thte box. It was furte tho observe acid it wvas well knowvn to evcry person whoha beenl conver- sant with that niode of proceeding, that a single expression of a remarkable kind wvoul ofe eil oeWith ajr thaun the whlole merits of te cae I vemrover,to be observed that in tlicspeetes letewu'enta issuie, bat at vast variety of isus ob eie,ai h rpsal for an issue therefore wichhdbe how u c hi Lord- sliips' considlerationi in 1035 ivas thoui very properly re- jeted. It wvas, in the last place, to ho observed upoin thlis point, that thiere were a. gre2t variety of principles of lass about whbich thecre was iio dispuitc wlhatever in the cause, but which wvere so bounad upj Nvithi the facts in the case that it wvould be necessary in the event of aii issue to suboirit themn altogethier to the consideral- tion of theo juiry who should tr-y thte questioni in issue. For thiese r-easons hie was of opinion that neitleies at any former stage, nor at present, ought there to ibo any inquniry before any othier tribu,ial. Hils Lordslhip then proceeded to lay down the priiiciples of law applicable to thie case. Ini order to en- title a party to relief frenia. contract into wvliicli lie allegedi liinisell.to have been led by theo frauduilent umisrepresentations of the othier contiractinlt pirty, it was necessary that the oils. represcntatfion slhould ~c false withiii the kn~swledlgc of thie party makiiig it, and should hiave been the sole ground upon uvliich thte contract had been enteredI into by the party com- plainiing, and any amtount of general fraud,' any quantity of persocitadibhonesty,any degree of intentionl to &lcive wvould beeof i iiiipyortaitee unless it gave rise to the entering into theo particular- contract svhIicli was timo subject of templisnt. Ifia design to overreach we-re a sufficient grouind for setting asi de a contract, there wvas hardly a case of that nature that ev-er canue into a court of equit)y Whlich coutld fail of success, as there was hardly one in svhmelul suelk genieral design wNas not perfectly ev-idEnt. HavNimcg so stated the pricnciples of law upo th ubject, lie should now colme to the facts of tl1e case in tlipir application to thtose principles. Thte nioble andl learned. leed lhero entlroid inito a iletail of the facts of the case, hut so they are all tinlcontrovertedI wo thiink it unnecessar y to go over thle statemcent of them again. lIe con'tendeld that they skewed thart lice corii- pit'nytre.presented by Ster. Small had not rested content vIt lic representations of Mr. Att%%ooJ, had iuot entered into the contract ont thte faith of suchl representationst, but had oil their own pac-t ilistituted inquiries for- theG purpose of cascertainiuug their correctne-ss. He did iiot ninca to e9at that these inqiuiries en their part- Nvould bc scuhlieieiit to disJntitlc thiem to relief, if the conduct of Mr. Attwood had been such, as to prevent thiose inquirties frons being effectual for the at- tainniient of the trotiti, buit lice thloughit that a case of that na,ture ought to beestsubliliedulodntl0 ie plainestevidencze. The nioble lord then wrcnt at great lengthl inLto tue evidence, for the purpose of showing that theo representations of Sir. Attwoodt luaul not, in fact, been iniad dt ho grouiiids uipon whlichl theo comipany comNpleted the purchase; that he had afforded them every facility of testinig the accuracy of tlle staternriets wviticli hie had made, aiid tbat tlley vvore entirely saticsfied wvithi the correctness of hiis repre- sentattions, tuntil thie alteration in theo price of the produce ha.-d rendered it desirable for thiem to puit an onil to thle pur- chase. The noble Lordcenclieiled bygiviiug lila-assent tothle miotion of theo Lord Chancellor, thant thte juidgnient ought to be reversed. Lordi WVY-vorun said tchat if it hail appeared to Iiizni to be necessarv ho addrcss their Lordsliips at anything like the lenlgthi io wicich lil hisioble anid learned friend hault ~juist addresssd thiem, Ice shiould not at all have uitrerdipon the present occasioin. According to lila view of theo case, lhowiever, itinoight be reduced to two vcr.~ shiort andI very icitelligible points. He hiad lis- tened for tour days to the specech of thle learned counisel of teappllant at the bar it being theo only timie in his expe- riece f 0 yarsatthe bar that he hail uver known the ad- dress of one counsal to occupy so muitch time. The speech, however, althoughi very learned snal elaborate, had entirely ftailed to convncic him that it weas possible to sbhake the judgseint .-icbl bad becu given in the Court of Ex- chequer. I-fe had since thlen hcard thc opinions of the three noble alid learned Lords who hNal addressed the house in opposition to that judgment, and his own opi- nion still continued the sasic. (Io sva, moreover, of opi- nion that their LDrdships had not yet bad the mneans of forming a correct uipinion upon this merits of the ease, .and he thought no time svhsiob was uecessarily and psrolhta'udy spent coud ib&too mcuch for the purpose of instituting a complete auui sa1tisfactory inquiry into the circumstances of a easeby t t'ic decision of wvhich in one uvay so ma ny individuals (sharc- 5 IfeLod Isreusisiha bd acceded, na il wras capeeled slier hcl3 speech onTusa ..thalt be seould do, to the viewr of Lord Lyndiluest, th o~udh.ebeen i wo nobilerd ies I Coteslsn aci d DeDmean) tD lo- ;es 0u1o the sPrcsia, c1d twro IBrsehusma3 nd Lyndicuenil a8aisst it. Isl bedimise sou evs the appeal ouhd, sceerdieg to lice ruirsef thc house | i-e t15do lbs virsizt ,ual dcei'ho tilic3 ofi res ted sit hiaitctl ir holders of the company) would b ruined. He thereforq in tende& to close his uresent observations--by mov;mg' tbdt thl giving of judgenillt in the casce be adjourned uintil tiiter the trial-of an issue selrich---he consildered tobe iilsoluthly b;dis- peoisable to enaisbl their Lordship5'to d6 justicP in 'lshe case, and which ho should reconuanend.their Litdsaips to order even at this late period of theprocseedings. The grounds upon wfhich Lord Broughain had stated that the present-Ws not a proper ease Lor3ns issue wfould prove that no -caseo ws' a pro- per one for an issue at a L The noble Lird upon tho wvool- sack had obseried that tie facts ior trial wvere net suffciefll criarge 'iin the bilt to-gerieratd aa- issue of a distinct and speciflo nature. But he (Lord'Wyllnford) had no hesitation in saying that the facts were stated with a'de- gree of clearness and precision which would be deenmed sufli- cient in a court of' common lavs to enable the opposife party to prepare his def sace, and the court to make a full, and ga- tisfactory adjudication upon the mnerits. Mluch more ou$ht the statement to be considered sufficient in a court of equity, vhere a more larce and liber-i method and style of aUlgation w.as admitted in te pleadings. The noblo lord then referred to the ebarging part of the bill, from which ho read some extracts w hich in his opinion contained allegations of fraud against iir. Attwood as specific and distinct as they could be .adc. The noble lord then procecded to state his view of the. law of the case, and differed from Lord Broughain as to the point of its beingT necessary for tho plaintiff in tho pre- sent suit to shew that he had been induced to en- ter into the contract altogether by misrepresentation. In his (Lord Wlynford's) opjniin it was enough that the misrepresentation of Mr. Attwood had in a considera- ble degree produced that effect. If the subject matter of the bargain had been of such a nature as thairt it was possible for the purchaser to ascertain for himself the real state of the case, ho would then, of course, be obliged to abide the consequences of his own neglect, if hoe ad not made sufficient inquiries into the truth,of the representation which had been made to him; but if by any artifice ot tho vendor such inquiries had been rendered ineffectual, ho (Lord Wynford) had no doubt but that such a contract could and ought to -ba set aside. The. noble lord then enitered into the circumstances of the case, which lie said clearly showed that the representations of Mfr. Attwood had bee false to his own knowledge, and that the company had been led by those reFresentations to enter into the contract, Of thosc facts a ury in Staffordshire would be pectliarly proper judges. it had beena the wlhole buainess of their lives to understand such anitters, and they svould, moreover, have an advantage which their Lordships had not, in being able to seo the deportment and behaviour of the witnesses under actual examination. As to the lenotth of time wvbich it wasl said that such an inquiry would occupy ho wvould undertake to say that a court at stspri pus Mwould completely decide it in two days. Even in that house he thouglht that the feur days duringwhich hoe vsa hliself present ought to afford quite suf- ficient,Aime for the purpose, although lie should acknowledge that if it were to be conducted elsewhere in the nianner in -vhich it lad been protracted in that house, there Nvas no say- ing bowsuch time itmigit occupy anywhere. It was said that the issues must be various, but he thought that the decision of the two follon'ing questions-namcly, what wvas the quanitity of iron produeed at the Wvorks, and wuhat was the cost of pro- duaing it-wvould fiurnish tho elements for adjudicating is the most satisfactory manner upon tho whole case. There iuight be another question, as to whether the company had com- fplained of tIre contract in a reasonable timc, but this, lik the others, was a question of fact peculiarly proper for the cognizance of men acquainted wvith tire usual conduct of business of that natqire. It appeared that the first oceasion on vlhich the conipaniy began to'entertain a suspicion as to their having been itt-nosed upon was on tie 9th of November. Mr. Taylor then reco'mmended them to wait for the coming in of tlre quarterly accounts, andfrom them itappeared trtit tbo produce of the mine wfas only about one-third of what Mr. AUttvood representedit lobe in tire year before. In that year he w.as, according to Iris owen account, malung S000001. a-year, vwhereas in tire next year, when it came to tire frauds Of tire company, it produced only 8,0001. in the quarter. IHo (Lord WyVvnfordi should like to hlave 2,1r. Aitwvoed examined as to the reasons-svhiclr irsduced hiss to sell a concern by wvhiah ie realized such an imniense profit, and to know from hinmself Nvhether ho apprehended becomin- too rich for a subject. ree should also like to knowl how a mine hich in his bands had been so productive u-as of so little value immediately after it cante into thie liands of the company wvho had purchased it. The noble Lord then went iisto an examination of the papers containing thie reprsentations, end dwelt particularly upon thestatemhirt of Mr. Attvoodthat tire cot of produfing a ten of iron was onl ll. 8s., wheresLs, in fact, it atounted to 5? 4s., makling a diffcrease of 16s, a-tan, which upo>n the whole extent of the produce made a differenrc of 18,000!. a-year. A most im portant qsresetron in the cause was avhether .,r. Attwoed knewv tine statement to be false wvhes ire msade it, and tire decision o,f that question could not be satisf.actorily arrived at wvithout the assistance of a jury. Fromn a fuirthrer examination of tire facto, his Lordship declared it to be his opinion thrat tire whole contents of tire tcapers in centrovcrsy were intended as actual representations of tire then anrusilt of the preduce of the mines and of the theR cost of thie pro- duction He also ir,ferred that Mr. Attwood had deliberately kleptback fromtirecompanythe nateriais wherebv they wvould he able to detect the falseboed of the representitions svhich he lrad sade. Upon the w,hole nsatter he thougirt that no full or satisfactory diecision could bn made of the case w ith- out tire intervention of a trial by jury. Tho object of the paper testimonyseented to bo only to perplex the naind of Iris norble and learned friend Lord Lyndlturst, and if anything could perplex such a mind,a aind so vigorousand luminous the cvdence in thii cause vould have done it. Upon the sYhole subject lie wvas of opinion that the hous,e before they proceeded arty furtlier, ought to direct the trial of an issuc beta-eaR the parties. Tire LORD CIIA,Crc.LOR said that the miotion for an issue could not bo nuade in the placo where it was introducod. lIe should move that thie judgment belos' be reversed us the first instanee, and after the decision of that question, the motion of Lord Wyriford could be taken into censideration. Lord BRtoUGHnAM said that at present thero vas ajuidgment in tire Vay, xhich must be absolutely got rid -of before any further step could be taken. It was then moved that the judgnreirt of the Court of Exchequer be reversed, and tIle Lord Chancellor declared that "' the contolrts had it"-that tIre uajority of the house wvere in fivour of the reversal. Lord BIRuoirGHs theill addressed their Lordshiips and said that the issues wihich the noble lord (Wynford) had proposer woulr( not in substance decide the controvcrsy between the parties. T'to Lorn CIAsNcer.n.omt said, that even in ceurts of equity it was by no mcaras of course to grant an issuc, and th-at in tire present instance it weuld be imnpossible to shapc tho hinquiry in such a way as to produce any satisfactory result. Lord WYXroRn said? lie hoped that a case of sierh magni- tude would not be disposed of upon arty consideratiatr of tecrnical difficulties. Ile thought the judgment could be adjourned generally for tire present, anrl that the shape of the issues to be tried could be decided afterwards. Lord LrxnunDsR sTaid that he thought the chlarge of fraud u-as so distinctly mrade by the bill, as to precludealil difficulty in shaping it for inqiriry. It had been s.aid by the noble lord (Broughem) thrrt tire existence of some docuenets which mlight be produced at such e trial had riot been sufficiently proved. rhe reversa of this was the fact. They bad been mi- nutely described by no less than seven witnesses, to wvhom not a particle of contradiction was given. The LOaD CH.ANsCLLOnR said, that tire evidence on the seib- ject had been given before the b.ll was amended, and that the question as to tIre docum ents in question had notvitihstanding bcen left out of ihe record. Lord LYS-DnIusI.-It is not out of the record. Rosy can a question be said to be out of tire record Tmerely because the eviJince in support of it has not been put upon the record o The Earl of DzvoN., was of opinion that the direction of aD issue, instead of elucidating tlie case, wsould produee labour arid sorrow to tire parties litigant, and bring confrision aird perplexity upon their Lordships themselves. Lord WYNIFORD thought tbiat thir issue nsight be ill the siape of a goncrnl question, whether the representations of .Mr. Attwoodl lial been false, andI false to Ihis esNN-i knov.- Lord BRouGsrANT s-ain repeated, that he thouglht no bene- it could come front th proposed inquiry, and that the con- sequence of adopting the motion of Lord lWviford would bo to delegate to tire jury the decision of every part of the ciase, la. ann dli. The question as ti the final decision wvas then put, and it was rosolved that thie decree of the Court beloNv be reversed, and that no issue be directed. The effect of wlhich is to ex- elude the shareholders of the Britisli Mining Company froni all remedy against Mr. Attwood ultimately and for ever. Mr-. Serjeant WiLno, svhro in tire appeal has been the lead- ing counsel of MYr. Attsvood, then applied to the Court in re- spect of a saur of 40,01001. Corsols, and 1,8001. in moncy,xvhiih ha1d been paid into c-curt byhMr. Altsvood, and svhieh ohadeen paid out to ls respondents on their application. lie also ap- plied for a ruin of I10,000. which he blad been ordered to pay eor costs. The I-louse, after ioare short conversation, made air order directing generally that the Court below would take all ne- cessary steps for car-ing into ffect all the consequential de- tails of the present decision. It wasstated by the counsel at ti bar, trhat there svas an- othersappealimrpending, but that it would be decided by the fate of tIre presseat ine, end vould never again corne unider tire notice of their Lnirdehips. .4PPA4OS.. HIOU$3 OF LORDS. MoiDAr. MAuen 26. AZ=WOOb V. SMA5.I-T - GJUf(NT