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TO TUE PRINCIPAL MATTERS CONTAINED IN THIS VOLUME.
ll holder may maintain an action for $50, in
370| satisfied the judgment against him without
443 10. And a request by one partner, after a disso.
lution of the firm, does not give a right of
action against the firin, 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
whole letter it appear that no acceptance curities, are indebted to D., and B. for a
valuable consideration received of A. pro-
reason of which it is paid by C., C. may
maintain an action in A's name, for his use
against B. for the amount. Gee Adm'r v.
See Discontinuance 4.
See Partnership 1, 2, 3, 10.
See Executors and Administrators.
it in his own name. Sayre v. Lucas, 2591 bills, &c. in the name of the firm, and such
| debt on a guardian's bond || power is not void, though made by one part.
at the request|| court for all the partners, querie? Ibid.
Ibid. 13. Where the party, with full knowledge of al-
given to answer a charge of being father a contract made by an agent in his name, he
rendered against P. Grant o 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
costs may be required of non-residents, as or in part only, is void. Carrington v. Cal.||
in other cases. Thompsoa v. Miller, 470 ler,
4. Justices have jurisdiction for the recovery of 2. And an association formed to buy and re-ll
the value of specific articles bailed and not sell at a profit, the public lands at the go
re-delivered according to promise; and of vernment sales, and to prevent competition all demands in form ex contraetu. Spar is against public policy.
v. Boyd, 3. And a bond given to such association for 5. In cases of appeal, technical nicety and for
lands bought of them is void. Ibid. mal declarations are not required. lbid. 4. When it is agreed that a deposition shall be 16. When parties go to trial on the merits in
taken and read, it is admissible, though it| the appellate court, all irregularities in the appear by the deposition that the witness justices return are waived. UcGrew v. was interested. Stebbins v. Sutton, 249||
Adams f. Elliott,
502 5. An ante.nupual agreement, by which the 7. Where on an appeal, issue is joined to the husband relinquishes all right to the proper
country, though the sum in controversy be ty of the wife, and agrees that she shall en
under $20, the judgment will not be re. joy her separate property to her own use,
versed, because the issue was tried by a jury does not bar the husband's right of courtesy.
instead of the court. . lbid. Rochon v. Lecatt,
429 8. And where the demand was under $20 See Contract.
when the warrant issued, hut is increased
to more than that sum by interest during the AMENDMENTS AND JEOFAILS. !
pendency of the appeal, the issue is proper. 1. A clerical mistake, apparent on the record ly triable by jury."
lbid. may be amended, on motion, by the court9. In cases of appeal the court will not scruti.
below. Wade v kelly f. Hutchison, 443 nize the record as closely as in other cases; 2. And such misprisions may be corrected in therefore, where the declaration appeared
this court, but at the cost of the plaintiff in to be as well against the security in the error.
Ibid. appeal, as against the original debtor, afa 3. On an appeal, the judgment in the court be. ter verdict, both being in fact liable, the
low was against C. as security, when by the judgment will not be reversed for that cause. appeal bond it appeared that P. was the se
Ibid. curity; judgment reversed and rendered See forcible entry and detainer. against P. Grant g Conner v. Pettybone, ||
A writ was issued against three defendants,
was served on two of them, and there was a See Chancery.
declaration and judgment against three; the APPEAL.
record reciting that "the defendants, by
their attorney, waived their plea:" held 1. The supreme court has a general super that this was the appearance of those only,
vising power over all inferior judicial tri-|| who were served with process. Williams bunals, which may be created, so as to pre-|| et al. v. Lewis,
41 vent the violation of a positive right. Bell 2. Whether a partner can lawfully authorize et al. v. Payne ft. Williams,
414 an agent to enter an appearance in court for 2. But the legislature may lawfully give power|| his copartner, quere? Lewis v. Bank of to commissioners to determine without ap.
280 peal, what persons are entitled to pre-emp.
ARBITRAMENT AND AWARD. tions under the act of 1829.
See Award. APPEAL FROM JUSTICE OF PEACE.
ARREST OF JUDGMENT. 1. On an appeal from a justice, no exception 1. Where a demurrer to a plea in abatenient
can be taken for the want of a seal to the has been sustained, and the defendant
warrant. Rutledge v. Rutledge, 400 pleads over, he cannot move in arrest of 2. On an appeal the judgment was against C.ll judgment for the same matter contained in
as security, when by the bond it appeared ihe plea. Davis v. Diron et al. 370 P. was the security: judgment reversed and|2. In the record there were three pleas which
wcre demurred to, but no disposition of the 13. In a common count in assumpsit, the considemurrer; a trial on the merits and a mo d eration of the assumpsit must be sufficienta tion in arrest of judgment: held that the ly specified to shew that the demand is on motion in arrest of judgment was an aban- simple contract. Maury v. Olive, 472 donment of the pleas.
Ibid.|1. The plaintiff declared in assumpsit, on a
note to be paid on the happening of a cerASSAULT AND BATTERY.
tain event, and averred that the event had See Costs, 6, 7.
happened, as appeared by endorsement on
the note: it was held that this was sufficient ASSETS.
to sustain a judgment by default final, for 1. A bond made payable to an administrator,as
the amount of the note. M'Gehee v. Chil. dress,
506 such, is assets in the hands of an administra-la tor de bonis non. King v. Green et al. 133
115. Suffering a judgment to be rendered by de.
fault is an admission of the plaintiff's cause ASSIGNMENT. of action as laid.
Ilid. 1. A debtor has a full right to prefer some cre.
See Pleading III.-1. ditors to the exclusion of others, and may
“ Promissory Note, 2, 3. lawfully stipulate, that those who accept the
ATTACHMENT. property assigned shall release him, the contract being voluntary. Robinson v. Ra.
|| 1. An affidavit that a party is about to remove pelye . Smith.
himself out of the county of his residence, 2. A deed of assignment by a debtor, of all his
so that the ordinary process of law cannot effects for the benefit of all his creditors, is
be served on him, is not sufficient, to autho. not void on account of the debts and pro
rize an attachment to issue. Wallis v. perty not being particularly described and la
bid 2. A deed of assignment by a debtor of all 3. And such deed will be operative against an
his effects for the benefit of his creditors, attaching creditor here, though executed in
though made in New York, will prevail New York.
against a creditor here, who has subse4. The insolvency of the debtor does not vary
quently attached the effects assigned. Ro. the above rules, there being here no bank-l.
binson v. Rapelye 8. Smith,
86 rupt law.
Lidl 3. A judgment on an original attachment is 5. A noie under seal, payable to A. B. or bear.||
prima fucic evidence of a debt here, though er, is not assignable by delivery, so as to en.
personal service does not appear. Miller able the bearer to bring an action on it in
v. Pennington, his own name. Sayre v. Lucas. 259
Bigger, administratrir, v. Hutchings of 6. A corporation may assign its effects to al
415 trustee, for the benefit of creditors. Pope.
14. But such a judgment may be jmpeached by v. Brandon et al.
plea, shewing that the defendant constant. 7. And such assignment will be effectual a.
ly resided here, and had no notice of the gainst a judgment creditor, though the
suit. charter provides that the stockholders shall See Garnishee. be personally responsible for the debts of the corporation.
Ibid. 8. The assignee of a bond transferred after/1. Where a suit is instituted by a corporation. due, takes it subject to all equitable de
can the authority of the attorney who insti. fences. Teague v. Russell d. Moore, 420 tutes it be inquired into-quere? Lucas v. See Action, 9, 10, 11.
Bank of Georgia,
147 2. And pleading the general issue to a decla. “ Cotton Receipt, 1, 2.
ration wherein profert is made of the au. “ Executor and Administrator, 2.
thority of the attorney, is a waiver of such ASSUMPSIT. right, if any exists.
3. Under some circumstances, the sickness and 1. In assumpsit, a judgment by default for inability of counsel to attend court may er.
costs only and no damages, is error. Pick title a party to relief in equity; but if there ens v. Hayden f. Meriam,
are counsel in attendance, who are unpre. 2. Assumpsit lies to recover back money paid pared, a motion for a continuance, or a new
on a parol purchascof land. Allen v. Boo trial at law, is the proper remcdy. NI'. ker,
Broom v. Sommerville et al. 67
statute of 1824, requiring breaches to be
See Promissory Note 1.
BILL OF EXCEPTIONS.
|| 1. A bill of exceptions must be explicit in s
ting the necessary facts to shew the ene,
and the court will not intend that faas
were proven, other than those stated
will intend every thing which the record 2. But the whole evidence need not be stated.
130| who presided below, was presented: but the
set aside on account of the absence of all the judge stated to be the true one; the one
Ibid.) offered was rejected. Lecatt v. Strang, 230
4, Where the court refuses to sign a bill of es.
ceptions, and the party wishes to establish
the exceptions by proof, under the statute, it
must be done within the trial term; and on
notice to the opposite party. Perkins T.
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 persona. King 1.
ligee with the obligor, does not extinguish
the debt, but only suspends the right of ac.
tion during her administration and covert.
A bond, given for lands bought of an asso-
ciation formed to purchase lands at the pub-
lic land sales to resell them at profit and to
prevent competition, is void.
114. The bond required of the defendant under
act of 1811, by a defendant charged as fa- ble to the governor. Lake & Barron V.
3951 itself the force and effect of a judgment;
if he fail to appear, though there have been will not be reversed for error. Boggs v.
Ibid. || Bandy,
in the penalty of $2,000, the defendant by mistake it was written, that if "M. R."
rent on the face of the bond, it was held