ANSWER. See PLEADING, 1 to 6, 8, 10, 12, 13, 14, 16, 17, 20, 21, 26, 28 to 35, 39, 40. ANTENUPTIAL CONTRACTS. See HUSBAND AND WIFE, 8. APPEAL. 1. If a person apply for license to sell liquor under the present statute, and show himself to be within the class entitled thereto, and offer compliance with the law, and the county board refuse the license, he may appeal to the Circuit Court under the general statute.-Ex parte Dunn, 122. 2. But a remonstrant against the issuing of license to retail, cannot appeal from the decision of the county board as to the fitness of the applicant. The general act (1 R. S. p. 229) does not apply.-Drapert v. The State, 123. 3. Affidavit by A. alleging that on, &c., when he was about starting to remove from the state, a summons was served on him at the suit of B.; that he was informed at the time that only about 10 dollars was claimed (he does not state who informed him); that he owed B. a note of 10 dollars, and supposed it was that for which suit was brought; but having made arrangements to pay that, and knowing that he did not owe him any other sum, and it being some distance to the office of the justice, he continued on his journey, and remained out of the state for more than thirty days after judgment, which was for 99 dollars, 75 cents, and was not, during that time, aware of said judgment; that said judgment was wholly unjust; and therefore, &c.; whereupon A. moved that an appeal be authorized by the Common Pleas Court, &c., under the statute. Held, that no sufficient error is shown to authorize an appeal after thirty days.-Tucker v. Makepeace, 186. 4. Upon the dismissal of an appeal, the parties are out of Court; and the refiling of the record is the institution of a new suit, at least so far as to require that notice shall be given to the defendant.-The Board of Comm'rs, &c. v. Brown, 191. 5. A rehearing cannot be had upon an affidavit filed more than sixty days after the judgment.-Ibid. 6. Where the appellant submitted a cause in the Supreme Court without the appellee being in Court, and the cause proceeded to judgment before the error was discovered, the Court granted a rule upon the appellant, and ordered notice thereof, to show cause why the judgment should not be revoked, and the submission set aside.-Ibid. 7. The Court of Common Pleas has no authority to order a justice of the peace to grant an appeal from his judgment, after the expiration of the thirty days allowed by statute.-The State v. Kunbert, 374. 8. The statute in reference to filing a transcript of a justice of the peace, is merely directory as to the hand of the person by whom he shall lodge the transcript with the clerk.—Burgess v. Matlock et al., 475. 9. If an appellee join in error, and then add a paragraph alleging that the appeal was not taken within three years, &c., he waives his joinder.-Smith et al. v. Conlan, 513. 10. And it seems, that if the appellant submit the case, without a reply to such answer, he admits its truth.-Ibid. APPEARANCE. 1. To constitute an appearance, there must be some formal entry, or plea, or motion, and this must be of record, and can be tried only by the record.-Scott et al. v. Hull et al., 136. 2. The appearance of defendants, a part of whom have not been served with process, at the taking of depositions to be used in the cause, was held not to be such an appearance as would defeat an application to remove the cause to the Circuit Court of the United States, under the act of congress of 1789.—Ibid. See COSTS, 3; COURT OF CONCILIATION, 3; MARITIME LIENS, 4, 5. ARBITRATION AND AWARD. 1. If either party to a submission to arbitration fail to perform the award, the other party has two remedies. He may have the award made a judgment of the Court designated in the agreement to submit, or he may have an action upon the arbitration bond.-Coats et al. v. Kiger, 179. 2. But neither of the remedies can accrue against a party who has not been served with a copy of the award.—Ibid. 3. Where parties agree to a common-law arbitration, without fixing the time and place of rendering the award, notice of the award must be given to both parties. This having been done, a suit may be brought upon the award in any Court having jurisdiction.-Francis v. Ames, 251. 4. Where parties agree to an arbitration under the statute, they must follow the statute, unless, in given particulars, they waive its requirements. The statute requires that a copy of the award shall be delivered to each party within a certain time. And where the agreement is that the award be made a rule of Court (naming the Court), as provided by the statute, it must be filed and enforced pursuant to the agreement.—Ibid. 5. Or a suit may be brought upon the bond of submission. This is a branch of the statutory remedy.-Ibid. 6. A suit pending may be referred to arbitration under a rule of Court; but as the statute makes no provision for this class of arbitrations, the proceedings must be regulated by the rule of reference, the agreement of the parties, or the common-law practice.—Ibid. 7. The three modes are cumulative remedies, and any of them may be adopted; but when adopted, it must be pursued unless a deviation be agreed to by both parties.-Ibid. 8. The award in this case (see the opinion) was not void for uncertainty.-Carson v. Earlywine, 256. 9. There was no submission of, nor award upon, the title to real estate. See the submission and award in the opinion.—Ibid. 10. At common law, where the matter submitted to arbitration involved a mere question of damages, the submission might be by parol, by a simple writing, or by deed.-Ibid. 11. In a common-law arbitration, the award may be valid though not attested by a witness, and though copies of it are not furnished to the parties by the arbitrators. Aliter, in case of a statutory award.-Ibid. 12. All objections that could be successfully urged, either at law or in chancery, against an award, may now be made in a suit upon it.-Ibid. 13. Mistake of law was not one of those objections.—Ibid. If relied upon must be pleaded.] See EVIDENCE, 2. See JUDGMENT, 1. ASSAULT AND BATTERY. 1. Suit for assault and battery. Demurrer to a paragraph of the complaint, assigning for 2. The defendant answered by general denial, and specially, son assault demesne. A demurrer 3. The defendant filed a third paragraph of his answer, setting forth that he had not been 4. On the trial, the defendant offered to prove, in mitigation of damages, that the plaintiff ASSAULT AND BATTERY WITH INTENT TO MURDER. ASSESSMENT OF DAMAGES. See CITIES, 2; DAMAGES. ASSIGNMENT. A. deposited with B., a justice of the peace, certain claims for collection, and took a receipt only in the non-essential point of the delivery of the receipt; that the assignment to D. be- ASSIGNMENT FOR BENEFIT OF CREDITORS. 1. A reservation of the surplus to an assignor, where it is made to depend upon certain con- 2. In the absence of the requirement of a release from the creditor, the mere hypothetical re- 3. Where the deed is legal on its face, evidence tending to show that the assignment was an See TAXES, 12. ASSUMPSIT. See ACTION, 1. ATTACHMENT. 1. Attachment against a foreign corporation. Debtors of the corporation, residing in this 2. A sheriff or his deputy taking property in attachment, may keep it himself, and receive 3. The defendant in a proceeding in garnishment, may appeal, under the general statute, from 4. An affidavit for an attachment in the words as affiant "verily believes," is sufficient.-Me- 5. Where the proceedings on an attachment do not show that the property was attached in See COSTS, 5; MARITIME LIENS, 1, 2, 5, 6; PLEADING, 10. ATTORNEYS. Prosecuting and District distinct.] See OFFICE, &c., 10. AUDITOR OF STATE. See BANKS ANd Banking, 2, 3, 5; CLAIMS AGAINST THE STATE. B. BANKS AND BANKING. 1. The issuing of a note by a bank organized under the general banking law of 1852, and 2. Section 8 of that act confers no power upon the auditor-the trust funds having been ex- 3. The measures to be adopted by the auditor to prevent loss to note-holders, relate solely to 4. The note-holder may sue the bank without in the first instance filing certificates of protest 5. There is nothing in the act requiring the auditor to delay the payment of such protested 6. In a suit against the bank, upon failure to pay on demand, the notes, or a copy of them, 7. It seems, that the filing of one note, or a copy of it, of each denomination, with an aver- BASTARDY. 1. In a prosecution for bastardy, the credibility of the mother of the child is necessarily a 2. In a prosecution for bastardy, the jury may consider, in determining the credibility of the 3. Where the child was born eight and a half months after the alleged single act of inter- 4. The mother of a bastard may settle and dismiss a bastardy suit brought on her relation.— BENCH WARRANT. See CRIMINAL LAW, 3. |