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South Eastern Gazette, Tuesday 26 April 1864.
County Court, Friday.
(Before J. Espinasoe, Esq., Judge.)
Vallance v. John Tomlyn and Charles Shrubsole.
This was an action to compel the defendant Tomlyn to give up possession
of a public house, called the "Star," at Sheerness. Mr. Heywood,
solicitor, of Rochester, appeared for the plaintiff, and Mr. Bramwell,
of London for the defendant.
Mr. Bramwell said that the assertion of his learned friend was a very
strange one, as Mr. Tomlyn was now in court, and denied that he had ever
given such a promise.
Mr. Haywood assured his honour that he had done so, and upon other
occasions than the one referred to. He must offer himself as a witness
to prove that the defendant had agreed to give up possession.
Mr. Bramwell, however, objected to Mr. Haywood giving evidence, as it
was illegal, and his objection was allowed.
Mr. Haywood then called William Sussams, who said he was in Mr.
Hayward's office a few days since, and Mr. Tomlyn was there when the
subject of conversation between them was the giving up of the "Star"
public house, and he heard Tomlyn say that he was willing to give up
possession of the "Star."
In cross examination he said no time was mentioned when he was to give
up possession, nor were any terms talked about.
Mr. George Payne, of Sittingbourne, said he was agent for Mr. Vallance,
and he had served Tomlyn with a proper notice to quit, and he had never
offered any objection whatever about going out of the house.
In reply to Mr. Bramwell, Mr. Payne said there had been an argument in
writing as to Tomlyns tenancy, but he had not brought it. Mr. Bramwell
said this agreement ought to be produced, and objected to the case being
further heard, as the proceedings were not quite regular, the tenancy
not being legally proved.
His Honour however, said the case had been proved to his satisfaction
and ordered the defendant to give up possession of the house
immediately.
Mr. Bramwell:- Then I shall ask for a case to try the question.
His Honour said he should not state a case.
Mr. Bramwell again ask the judge for a case.
His honour:- No. I consider the defence most disgraceful.
Mr. Haywood then applied for the costs of attorney and two witnesses,
which his Honour allowed.
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