16. A petition to set aside a judgment
is defective, unless it avers that
the judgment is unjust and op:
pressive, and that there is a good
defense. Piggott v. Addicks, 427
17. In a bill to foreclose a mortgage
a statement of the substance of
such instrument is all that is re-
quired; and if a question is raised
in relation to the mortgage a cer-
tified copy is admissible in evidence
where the original is not within
the control of the party wishing
to use the same. Knetzer v. Brad-
street,
2. Whether the grantor of a deed was
a minor, is a question of fact to be
decided by a jury. If decided by
the court, it will be presumed that
the question was by agreement
submitted to the court, and that the
court decided correctly. Cooper v.
Armstrong,
120
3. On overruling defendant's demur-
rer, it is error to render judgment
against him, without disposing of
his piea on file. Baldwin v Winn,
180
18. Where a respondent was required
by rule to plead answer or demur
within thirty days, and within
that time submitted a demurrer to
the decision of the court, and hav-7.
ing rested his case upon such de-
cision without filing an affidavit
of merits, the decree rendered
before the expiration of said thirty
days will not be disturbed.
See EQUITY, 5, 6, 7.
SLANDER,
UNLAWFUL DETAINER, 1, 2.
TRUST, 4.
1. A party waives his objection to the
ruling of the court on demurrer by
amending his declaration to meet
the objection, and going to trial on
the merits. Taylor v. Galland, 17
Law and equity not to be blended
in the same action. Cooper v. Arm-
strong,
Upon a proper showing where
there are no intervening rights, in
the exercise of a sound discretion,
a court may open its own judg-
ments and set them aside when
improperly or wrongfully obtained.
This discretion not interferred with
by the Code. Bailey v. Hearn, 415
12. Where money was furnished by
plaintiff under a written agreement
that it should" be laid out in claims
on land, for which he is to have the
principal and one-half the profit
arising thereon," and the evidence
showed that the money was accord-
ingly invested, and nothing real-
ised from the claims; held that
plaintiff could not recover in as-
sumpsit on common counts, and
that as the evidence tended to show
the foregoing facts only, the court
was justified in taking the case
from the jury and granting a non-
on immaterial and irrelevant ques-
tions and answers in taking testi-
mony, would not justify a change
in the decision. Hamilton v. Wal-
ters,
556
JUSTICE OF THE PEACE,
NEW TRIALS,
1. Possession of a note payable to
bearer is prima facie evidence of
ownership, and such a note may be
sued in the name of any holder.
Shelton v. Sherfey,
3. An agreement to pay a certain por-
tion of a promissory note when
collected, amounts to an equitable
transfer of that portion of the note,
and such portion cannot be claim-
ed as part of the assets of the in-
solvent payer. Gallinger v. Pom- | 11. Parole evidence admissible to
show upon what terms and condi-
tions the note was assigned by in-
dorsement.
1. In slander words are in them
selves actionabie, if being true
they would subject the party
In a case of dependent covenants,
to pay money and to give a deed,
it is only necessary to show a
readiness to pay at the time stip-
ulated, in a proceeding for a spe-
cific performance. McDaneld v.
Kimbrell,
3. To sustain a bill for specific per-
formance of a parole agreement,
the material allegations in the bill
should be sustained by proof; and
sufficient performance should be
shown to take the case out of the
statute of frauds. Olive v. Dough-
erty,
371
4. A party claiming specific perform-
ance must show his full compliance
with all the terms of the contract.
ib.
5. A contract for specific perform.
ance should be mutual and certain
in all its parts.
charged to an indictment for a 1. Where two statutes, passed at dif-
crime involving moral turpitude
ferent terms in relation to the same
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