INDEX TO THE PRINCIPAL MATTERS CONTAINED IN THIS VOLUME. 1. On a question whether a letter contains an ACTION. 464 1. An action at law lies to recover back mo-j Al. 21 -2. And also to recover back the value of goods 4. 9. holder may maintain an action for $50, in A party cannot maintan an action for mo- 12. 370 2. 147 See Discontinuance 4. ADMINISTRATOR. See Executors and Administrators. AGENT. 512 A partner may appoint an agent to draw 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. 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. 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. 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. 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 27 2. Also it must appear that the clerk who cer- Ibid. 1. Awards are much favored, and the court son, BANK. Ibid. 2. 3. 4. 1. A bank charter is a contract, and the grant 3. A bank incorporated in another State may 4. And a copy of its charter, and parol evi-2. 280 BASTARDY. Ibid. 3. 4. 1. The bond required to be given under the 3. And in an action on such a bond, which was 6. was not error. 4. A bond of this description is not within the A bill of exceptions must be explicit in sta- 38 BOND. Perkins v. |