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INDEX

TO THE PRINCIPAL MATTERS CONTAINED IN THIS VOLUME.

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1. On a question whether a letter contains an
acceptance of an order, although it contain
the words "I shall accept," if from the
whole letter it appear that no acceptance
was intended, it will be construed as a re-
fusal. Musgrove v. Hudson,

ACTION.

464

1. An action at law lies to recover back mo-j
ney paid on a parol purchase of land.
len v. Booker,

Al.

21

-2. And also to recover back the value of goods
so paid. Semble. Keath v. Patton, 38
3. A corporation created in another state may
maintain an action here. Lucas v. Bank
of Georgia,

4.

9.

holder may maintain an action for $50, in
a justices court, by relinquishing the sur-
487
plus. King v. Dougherty,

A party cannot maintan an action for mo-
ney paid for another's use, by proof that he
satisfied the judgment against him without
his request or consent. Weakly v. Brahan
500
& Atwood,
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
Ibid.
the plaintiff, for his use.
Where A. as principal, and B. &. C. as se-
curities, are indebted to D., and B. for a
valuable consideration received of A. pro-
mises to pay the debt, and fails to do so, by
reason of which it is paid by C., C. may
maintain an action in A's name, for his use
Gee Adm'r v.
against B. for the amount.
Nicholson,

12.

370 2.

147
The bearer of a sealed instrument, made
payable to A. B. or bearer, and transferred
by delivery, cannot maintain an action on 1.
it in his own name. Sayre v. Lucas, 259
5. An action of debt on a guardian's bond
must be in the name of the judge of the
county court, for the use of the party in-
jured. Davis v. Dickson, et al.
6. And the bringing of the action is sufficient
evidence, that it is instituted at the request
Ibid. 3.
of the party injured.
7. An action lies against the obligor in a bond,
given to answer a charge of being father
to a bastard, if the defendant fail to appear,
though there has been no conviction against
him. Lake & Barron v. The Governor, 395
8. Where more than $50 is due on a note, the

See Discontinuance 4.
See Partnership 1, 2, 3, 10.

ADMINISTRATOR.

See Executors and Administrators.

AGENT.

512

A partner may appoint an agent to draw
bills, &c. in the name of the firm, and such
power is not void, though made by one part-
ner only, and under seal. Lucus v. Bank
280
of Darien,
But whether such power can extend to au-
thorise the agent to enter an appearance in
court for all the partners, querie?
Where the party, with full knowledge of al-
leged fraudulent circumstances, recognises
a contract made by an agent in his name, he
cannot afterwards set up the fraud or want
of authority in that agent. McGowen v.
Garrard & Morgan,

Ibid.

479

AGREEMENT.

1. An agreement founded on a consideration 3. against public policy, whether for the whole or in part only, is void. Carrington v. Caller, 175 4. 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. 3. And a bond given to such association for 5. lands bought of them is void. Ibid. 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. An ante-nuptial agreement, by which 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.

AMENDMENTS AND JEOFAILS.

6.

7.

429 8.

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445

rendered against P. Grant & Conner v. Pettybone, On appeals from justices courts, security for costs may be required of non-residents, as in other cases. Thompsoa v. Miller, 470 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. Span v. Boyd, 480

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

502

Where on an appeal, issue is joined to the 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. 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. Ibid.

In cases of appeal the court will not scruti. 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.

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1. A bond made payable to an administrator,as such, is assets in the hands of an administra. 5. 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. Ibid. 3. And such deed will be operative against an attaching creditor here, though executed in New York.

Ibid.

1.

2.

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In a common count in assumpsit, the consideration of the assumpsit must be sufficiently specified to shew that the demand is on simple contract. Maury v. Olive, 472 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

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

See Pleading III.—1.

66

Promissory Note, 2, 3.

ATTACHMENT.

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Where a suit is instituted by a corporation, can the authority of the attorney who institutes it be inquired into-quere? Lucas v. Bank of Georgia, 147

2. And pleading the general issue to a declaration wherein profert is made of the authority of the attorney, is a waiver of such right, if any exists.

3.

Ibid. Under some circumstances, the sickness and inability of counsel to attend court may entitle a party to relief in equity; but if there are counsel in attendance, who are unprepared, a motion for a continuance, or a new trial at law, is the proper remedy. M'. Broom v. Sommerville et al. 515

67

AUTHENTICATION.

1. In authenticating a record under the act of
Congress, it must appear that the judge who
certifies is the presiding magistrate of the
particular court or district. Johnson v.
Howe's administrators,

27

2. Also it must appear that the clerk who cer-
tifies was clerk at the date of his certifi.
cate.

Ibid.
3. A clerk may lawfully make a certificate of
1.
attestation of a record, though he be not
within his county. Collier v. The State, 388|
AWARD.

1. Awards are much favored, and the court
will intend every thing which the record
will warrant, to sustain a judgment render.
ed on an award. Tankersley v. Richard.
130
2. And a judgment on an award will not be
set aside on account of the absence of a
declaration.

son,

BANK.

Ibid.

2.

3.

4.

1. A bank charter is a contract, and the grant
cannot be altered or impaired by an after
statute without the consent of the bank.
The State v. The Tombeckbee Bank, 30
2. When a bank charter contains no provision
declaring a forfeiture on a failure to pay
specie for its notes, such a failure is not a 1.
forfeiture of the charter.
Ibid.

3. A bank incorporated in another State may
sue here. Lucas v. The Bank of Georgia,
147

4. And a copy of its charter, and parol evi-2.
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
of the partners is a director of the bank.
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.

3.

4.

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.
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.

3. And in an action on such a bond, which was 6.
in the penalty of $2,000, the defendant
failed to appear, and the court gave judg-
ment for $500, without a jury: held that it
Ibid.

was not error.

4. A bond of this description is not within the

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A bill of exceptions must be explicit in sta-
ting the necessary facts to shew the error,
and the court will not intend that facts
were proven, other than those stated.
Keath v. Patton,

38
But the whole evidence need not be stated.
Allen v. Booker,
21
A bill of exceptions, signed by the judge
who presided below, was presented: but the
certified record containing another, which
the judge stated to be the true one; the one
offered was rejected. Lecatt v. Strang, 230
Where the court refuses to sign a bill of ex-
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.
Harper,

BOND.

Perkins v.
477

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