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action.; but if he adhere to the original cause of action,
he may add a count substantially different from the dec-
laration.

Ibid.

3. In an action of trover against one, charging him, as
trustee, &c. the plaintiff may amend by striking out the
words "as trustee," &c. Ibid.

4. A plaintiff who has notice of a fatal defect in his decla-
ration at the appearance term of the appeal, and makes
no motion to amend until the second term, and when
the cause is before the Jury, is too late, and cannot
then amend, Dorster vs. Arnold...

5. It is competent for all Courts to correct errors and mis-
takes in their own minutes, wherever the same is
brought to their notice, provided the rights of third per-
sons be not prejudiced. Barefield vs, Bryan...

See Equity, 22, 23, 40. Megality, 2. Pleading, 3.
Practice Superior Court, 5, 6. Practice Supreme Court,3,
4, 5. Verdiet, 2.

209

463

ANDERSON, W. H.

Resolutions relative to his death.

See Equity.

ANSWER.

APPEALS.

1. Where an appeal is taken from the Court of Ordinary to
the Superior Court, under the Act of 1805, which re-
quires the appellants to give security to the Clerk for all
costs which may accrue by reason of such appeal: Held,
that an acknowledgment taken by the Clerk that the
appellants and their security were jointly and severally
bound to the appellees for the payment of all costs which
should accrue upon the appeal, in terms of the Stat-

139

ute, was a good and valid appeal, according to the true
intent and meaning of the Act of 1805; and that the
appellants and their sureties would be bound for the
costs accrued by reasou of the appeal. Hogg et al. vs.
Mobley

2. Where there are several parties, plaintiff or defendant,
and only one appeals under the Act of 1839, the party
not appealing is bound by the first verdict; but as the
whole record is taken up by the appeal, the plaintiff is
not entitled to have execution against the party not ap-
pealing, until the final trial on the appeal. Allison vs.
Chaffin...

3. A judgment rendered in the appellate Court against
the parties not appealing, is irregular, and should be va-
eated.

Ibid.

See Amendment, 4. Claims, 2. Judgment, 1. Practice
Superior Court, 4.

ARBITRATION AND AWARD

1. Upon a motion to set aside an award, made by an um-
pire, the Court will not consider the irregular and im-
proper acts of the arbitrators. Crabtree vs. Green....

2. When arbitrators disagree, and the decision devolves
upon an umpire, clothed with all the powers of the ar-
bitrators by the submission, his duties are not limited to
the determination of the questions upon which they
disagreed, but extend to all the questions submitted.
Ibid.

3. It is not a valid objection to an award, deciding that
land in dispute belongs to one of the parties, that it
does not directa conveyance of the land to be executed.
Ibid.

4. It is not necessary that an award of lands, which the sub-

256

330

8

mission directs to be made in writing, under the hands
of the arbitrators, should be under seal. Ibid,

5. It is not necessary to the validity of an award, that the
umpire give reasons for his decision. Ibid.

6. When questions of law are distinctly submitted, the de-
cision of the arbitrators will be final, unless it appear
on the award that the arbitrators, intending to decide
according to the law, have plainly mistaken what it is,
and have acted on an erroneous rule of law. Ibid.

7. An umpirage will not be set aside in a case where the
losing party was notified that the arbitrators had disa-
greed, and that the papers were in the hands of the um-
pire to decide, and when he was asked by the umpire if
he desired him to re-hear the case, and he replied that -
he did not desire it, but was satisfied that he should pro-
ceed to determine according to the papers in his hands,
on the ground that such party was not notified of the
time and place of making, and was thereby denied the
right of appearing, examining witnesses and submitting
evidence. Ibid.

8. An award of lands is sufficiently certain, if it describe
the land by metes and bounds, land-marks and contigu-
ous possessions, accompanied with a plat. Ibid.

9. An award must generally cover all the matters submit-
ted; but if the words of the award are not co-extensive
with the submission, it will still be good, if it decides all
the matters actually in dispute between the parties.
Ibid.

ARTICLES OF SEPARATION.

See Husband and Wife, 4, 5, 6.

See Corporations, 24.

VOL VIII 73

ASSIGNMENT.

ATTACHMENTS.

1. Affidavits, under our attachment laws, should be signed
by the magistrates before whom they are taken, with
the addition of their official description. Birdsong &
Sledge vs. McLaren....

2.. Where the attachment bond is made payable to the indi-
vidual members of a firm, where the attachment is sued
out against the firm, and it does not recite that the obli-
gees compose the firm, the bond and attachment are
both void. Ibid.

3. An attachment, ordinarily, cannot issue for a partner-
ship debt against one of the partners, individually, and
be levied on the partnership property, on the ground of
the non-residence of the defendant in attachment. Secus,-.
if the non-resident partner or partners were the only.
survivors of the firm. Wiley & Co. vs. Sledge.......

4. In order to sue out an attachment in behalf of a firm,
one partner has the right to execute a bond in the name
of the firm. Dow, Wilson and another vs. Smith & Co.

5. A general judgment creditor cannot form an issue and
traverse the truth of the affidavit of the attaching creditor,
after judgment rendered on the attachment, and on à mo-
tion to distribute money belonging to the defendant. Ibid.

See Garnishment, 1.

BAIL.

1. Where a scire facias is issued on a bail bond against the
principal and bail jointly, and the Sheriff returns “non
est," &c. as to the principal, the creditor may proceed
. to enter up judgment against the bail. Ford vs. Lane.

2. No assignment of the bail bond is necessary by the She-
riff to the creditor, at whose instance the party was ar-

521

532

551

322

rested. Itinures to his benefit, under the Statute of this
State, by operation of law merely. Ibid.

BAILMENT.

1. A, as the agent of B, deposits a sum of money with C,
with request that he will keep it until B returns home,
(he being absent from the State,) and then pay it to him,
which C agrees to do: Held, that C is a depository, and
not liable to be sued by B for the money until after a re-
quest. Montgomery, adm'r, &c. vs. Evans..

See Rail Roads, 1.

BANK BILLš,

See Corporation, 1 to 7. Evidence, 7,

- BANKRUPT LAW.

1. Under the Bankrupt Act of 1841, when a discharge is
sought to be attacked for fraud, a prior reasonable no-
tice is required to be given, specifying the grounds of
fraud; and the notice may be amended at any time be-
fore the final trial, provided a sufficient time elapse to
enable the bankrupt to prepare to rebut it. Flournoy
vs. Newton.

2. The transfer of his effects by a bankrupt, in contempla-
tion of bankruptcy, is a fraud upon the law. Ibid.

3. A bankrupt may appropriate so much of his effects as
may be necessary to raise the means to maintain his ap-
plication in bankruptcy. lbid.

178

306

BANKS.

See Corporation, 1 to 29.

BASTARDY.

1. Bastards may be made legitimate and capable of inher-

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