INDEX

TO THE PRINCIPAL MATTERS CONTAINED IN THIS VOLUME.

ABATEMENT.

1. Where a party pleads in abatement, and af-

holder may maintain an action for $50, in
a justices court, by relinquishing the sur-
plus. King v. Dougherty,

487

ter the plea is overruled, he pleads to the
merits, he cannot insist on the same mat. 9. A party cannot maintan an action for mo-

ter in arrest of judgement. Davis v. Dick-

inson, et al.

370

2. Nor can he assign for error the decision on
the plea in abatement. Wade v. Kelly &
Hutchinson,

ABSCONDING DEBTOR.

See Attachment 1.

ACCEPTOR.

ney paid for another's use, by proof that he
satisfied the judgment against him without
his request or consent. Weakly v. Brahan
& Atwood,

500

443 10. And a request by one partner, after a disso-
lution of the firm, does not give a right of
action against the firm, to one who has paid
a firm debt on such request. Semble, Ibid.
11. It seems, however, that one who pays a
judgment against the defendant, without
his request, and takes a transfer of it, may
maintain an action on it, in the name of
the plaintiff, for his use.

1. On a question whether a letter contains an
acceptance of an order, although it contain

Ibid.

the words "I shall accept," if from the 12. Where A. as principal, and B. &. C. as se-

whole letter it appear that no acceptance
was intended, it will be construed as a re-

fusal. Musgrove v. Hudson,

464

See Discontinuance 4.

See Partnership 1,2, 3, 10.

ADMINISTRATOR.

See Executors and Administrators.

AGENT.

4. The bearer of a sealed instrument, made
payable to A. B. or bearer, and transferred
by delivery, cannot maintain an action on 1. A partner may appoint an agent to draw
it in his own name. Sayre v. Lucas, 259

!

!

AGREEMENT.

rendered against P. Grant & Conner v. Pettybone,

445

1. An agreement founded on a consideration 3. On appeals from justices courts, security for

against public policy, whether for the whole or in part only, is void. Carrington v. Caller,

costs may be required of non-residents, as in other cases. Thompsoa v. Miller, 470 175 4. Justices have jurisdiction for the recovery of the value of specific articles bailed and not re-delivered according to promise; and of all demands in form ex contraetu.

2. And an association formed to buy and resell at a profit, the public lands at the government sales, and to prevent competition is against public policy.

Ibid.

Ibid.

3. And a bond given to such association for
lands bought of them is void.
4. When it is agreed that a deposition shall be
taken and read, it is admissible, though it
appear by the deposition that the witness
was interested. Stebbins v. Sutton, 249

5. 6.

v. Boyd,

Span 480

Ibid.

In cases of appeal, technical nicety and for-
mal declarations are not required.
When parties go to trial on the merits in
the appellate court, all irregularities in the
justices return are waived. McGrew v.
Adams & Elliott,

502

5. An ante-nuptial agreement, by which the 7. Where on an appeal, issue is joined to the

husband relinquishes all right to the property of the wife, and agrees that she shall enjoy her separate property to her own use, does not bar the husband's right of courtesy. Rochon v. Lecatt,

See Contract.

country, though the sum in controversy be under $20, the judgment will not be re. versed, because the issue was tried by a jury instead of the court. Ibid.

429 8. And where the demand was under $20 when the warrant issued, but is increased to more than that sum by interest during the pendency of the appeal, the issue is properly triable by jury.

AMENDMENTS AND JEOFAILS.

Ibid.

1. A clerical mistake, apparent on the record may be amended, on motion, by the court 9. In cases of appeal the court will not scruti. below. Wade v Kelly & Hutchison, 443 2. And such misprisions may be corrected in this court, but at the cost of the plaintiff in Ibid.

nize the record as closely as in other cases;
therefore, where the declaration appeared
to be as well against the security in the
appeal, as against the original debtor, af-
ter verdict, both being in fact liable, the
judgment will not be reversed for that cause.
Ibid.

See forcible entry and detainer.
APPEARANCE.

1. A writ was issued against three defendants,
was served on two of them, and there was a
declaration and judgment against three; the
record reciting that "the defendants, by
their attorney, waived their plea:" held
that this was the appearance of those only,
who were served with process. Williams
et al. v. Lewis,

1. The supreme court has a general supervising power over all inferior judicial tribunals, which may be created, so as to prevent the violation of a positive right. Bell 2. Whether a partner can lawfully authorize et al. v. Payne & Williams,

1. On an appeal from a justice, no exception 1. Where a demurrer to a plea in abatement

can be taken for the want of a seal to the warrant. Rutledge v. Rutledge,

400

2. On an appeal the judgment was against C. as security, when by the bond it appeared

has been sustained, and the defendant pleads over, he cannot move in arrest of judgment for the same matter contained in the plea. Davis v. Dixon et al.

370

P. was the security: judgment reversed and 2. In the record there were three pleas which

were demurred to, but no disposition of the (3. In a common count in assumpsit, the considemurrer; a trial on the merits and a motion in arrest of judgment: held that the motion in arrest of judgment was an abandonment of the pleas.

ASSAULT AND BATTERY.

See Costs, 6, 7.

ASSETS.

deration of the assumpsit must be sufficiently specified to shew that the demand is on simple contract. Maury v. Olive, 472

Ibid. 4. The plaintiff declared in assumpsit, on a note to be paid on the happening of a certain event, and averred that the event had happened, as appeared by endorsement on the note: it was held that this was sufficient to sustain a judgment by default final, for the amount of the note. M'Gehee v. Chil. dress, 506

1. A bond made payable to an administrator, as such, is assets in the hands of an administra. tor de bonis non. King v. Green et al. 133

ASSIGNMENT.

1. A debtor has a full right to prefer some creditors to the exclusion of others, and may lawfully stipulate, that those who accept the property assigned shall release him, the contract being voluntary. Robinson v. Rapelye & Smith.

86

2. A deed of assignment by a debtor, of all his effects for the benefit of all his creditors, is not void on account of the debts and property not being particularly described and specified.

3. And such deed will be operative against an attaching creditor here, though executed in New York.

Ibid.

5. Suffering a judgment to be rendered by default is an admission of the plaintiff's cause of action as laid. Ibid.

1. An affidavit that a party is about to remove
himself out of the county of his residence,
so that the ordinary process of law cannot
be served on him, is not sufficient, to autho-
rize an attachment to issue. Wallis v.
Murphy,
15

Ibid. 2. A deed of assignment by a debtor of all
his effects for the benefit of his creditors,
though made in New York, will prevail
against a creditor here, who has subse-
quently attached the effects assigned. Ro-
binson v. Rapelye & Smith,
3. A judgment on an original attachment is
prima na facie facie evidence of a debt here, though
personal service does not appear. Miller
v. Pennington,

4. The insolvency of the debtor does not vary the above rules, there being here no bank. rupt law. Ibid.

5. A note under seal, payable to A. B. or bearer, is not assignable by delivery, so as to enable the bearer to bring an action on it in his own name. Sayre v. Lucas. 259 6. A corporation may assign its effects to a trustee, for the benefit of creditors. Pope v. Brandon et al.

401

7. And such assignment will be effectual a. gainst a judgment creditor, though the charter provides that the stockholders shall be personally responsible for the debts of the corporation.

Ibid.

86

399

Bigger, administratrix. v. Hutchings &
Smith, administrators,

445

4. But such a judgment may be jmpeached by plea, shewing that the defendant constantly resided here, and had no notice of the suit. Ibid.

See Garnishee.

ATTORNEY.

8. The assignce of a bond transferred after 1. Where a suit is instituted by a corporation,

1. A bond made payable to an administrator
as such, is assets in the hands of an ad-
ministrator de bonis non: the description is
not mere descriptio persone. King v.
Green et al.

133

4. And a copy of its charter, and parol evi- 2. The intermarriage of an administratrix ob-

dence of its being in operation, will be suffi-
cient proof of its existence.
Ibid.

5. A bank is not affected with notice of disso-

lution of copartnership, by the fact that one

ure.

ligee with the obligor, does not extinguish
the debt, but only suspends the right of ac.
tion during her administration and covert.
Ibid.

of the partners is a director of the bank. 3. A bond, given for lands bought of an asso-

Lucas v. The Bank of Darien, 280
6. Nor is notice dispensed with, because the

bank was established after the dissolution
of the copartnership.

BASTARDY.

Ibid.

ciation formed to purchase lands at the pub-
lic land sales to resell them at profit and te
prevent competition, is void. Carring-
ton v. Caller,

175

4. The bond required of the defendant under
the bastardy act of 1811, is properly pays-
ble to the governor. Lake & Barron v.
The Governor,

1. The bond required to be given under the
act of 1811, by a defendant charged as fa-
ther of a bastard child, is properly payable
to the Governor. Lake & Barron v. The 5. An injunction bond, when forfeited, has of

395

Governor,
395
2. And on such bond the defendant is liable,
if he fail to appear, though there have been
no conviction against him.
Ibid.

itself the force and effect of a judgment,
yet a judgment on a sci. fa. on such bond
will not be reversed for error. Bogga v.
Bandy,

459