TO THE ANALYTICAL DIGEST OF ALL THE REPORTED CASES DETERMINED IN The House of Lords, THE SEVERAL COURTS OF COMMON LAW, IN BANC AND AT NISI PRIUS; AND The Court of Bankruptcy, AND ALSO THE CROWN CASES RESERVED, FROM MICH. TERM, 1834, TO EASTER TERM, 1836. TOGETHER WITH A FULL SELECTION OF EQUITY CASES, AND THE MANUSCRIPT CASES FROM THE BEST MODERN TREATISES NOT BY S. B. HARRISON, Esq. OF THE MIDDLE TEMPLE, BARRISTER AT LAW. First American Edition. TO WHICH IS ADDED THE ANALYTICAL DIGEST OF ALL THE REPORTS OF CASES DECIDED IN THE BY HENRY JEREMY, Esq. BARRISTER AT LAW. CAREFULLY ARRANGED BY A MEMBER OF THE PHILADELPHIA BAR. PHILADELPHIA: T. & J. W. JOHNSON, LAW BOOKSELLERS, 1842. ADDENDA. ** The figures at the extremity of the line, refer to the page of the body of the Work where the Cases would have been placed. ACCIDENT. To trespass for unmooring plaintiff's barge, the defendant, having pleaded inerely the general issue, cannot give in evidence that he removed it from a situation of danger by the plaintiff's authority; or that, being frozen to the barge of a third person, which the defendant was authorized to remove, the one was inevitably unmoored with the other, and that they were brought together to a place of safety. Millman r. Dolwell, 2 Camp 378-Ellenborough. In trespass for running with a cart against plaintiff's chaise, the defendant cannot give in evidence, under not guilty, that the cart and the chaise were travelling on the high road in opposite directions, and that the collision between them happened from the negligence of the plaintiff, or from inevitable accident. Knapp v. Salsbury, 2 Camp. 500—Ellenborough. 1 A declaration by an executrix stated, that, after the death of the testator, to wit, on the 1st of October, 1832, the defendant was indebted to the plaintiff, as executrix, in 11l., for goods sold and delivered by the testator in his life time to the defendant, and in consideration thereof, and that plaintiff, as executrix, had agreed with the defendant to accept a suit of clothes, to be made by him for J. R, the plaintiff's servant, in part discharge of the debt, (the plaintiff being indebted to J. R. in a greater amount for wages, and J. R. having agreed and being willing to receive the clothes in part payment), and had also agreed to forbear and give the defendant a reasonable time for the payment of the remainder of the debt, the defendant undertook and promised the plaintiff, as executrix, to make and provide the said suit of clothes for J. R. within a reasonable time, VOL. IV. 1 and to pay her the remainder of the debt after a reasonable time for such forbearance. The declaration then averred, that, though a reasonable time had elapsed, &c., the defendant had not made or provided the clothes, or paid the residue of the debt. Plea, that the debt in consideration of which the said promise was made, did not, nor did any part thereof, accrue to the testator within six years next before the conmencenent of the suit, and that such promise was by words only. Ospecia demurrer-Held, that the agreement stated in the declaration was only an agreement for an accord, and did not extinguish the original debt, which, therefore, was barred by the statute of limitations. Reeves v. Hearne, 1 Mees. & Wels. 323. 1 ACTION. ings in the second action on motion. Liversidge By and against whom.]—A foreign sovereign. Goode, 2 Dowl. P. C. 141. prince may sue in the court of Chancery here in his political capacity. Spain (King) v. Hullett, 1 Clark & Fin. 333; 1 Dow & Clark, 169. 4 But where he is defendant, he stands on the same footing with ordinary suitors as to the rules and practice of the court; and is bound, like them, to answer personally and upon oath. Id. A written agreement to secure the amount of a simple contract debt, by a mortgage on certain lands, which was to be paid with interest by certain instalments, is no extinguishment or suspension of the right of action on the simple contract. Allies . Probyn, 2 C. M. & R. 408; Dowl. P. C. 153; 1 Gale, 255. 7 Assumpsit for goods sold, &c.-Plea, as to He has no privilege of putting in an answer 91. 15s. 94d., that, after the making of the proby his agent, or personally without oath or sig-mise, and before the commencement of the suit, nature. Id. Even to a cross bill filed against him by the defendant to his original bill. Id. Notwithstanding the provisions of the foreign enlistment act, 59 Geo. 3, c. 69, a British subject, who, in the service of a foreign state at peace with Great Britain, captures a British vessel which is lawfully condemned as prize for breaking blockade, is not liable to an action at the suit of the owner of the vessel. Napier, 2 Bing. N. R. 731. Dobree v. 4 On Judgments.]-A certificate for execution during vacation, under 1 Will. 4, c. 7, s. 2, need not be noticed in a declaration on a judgment signed in vacation. Engleheart v. Eyre, 2 Nev. & M. 849; 5 B. & Adol. 68; 2 Dowl. P. C. 193. 6 In a declaration upon such a judgment, the judgment should be stated to be of the day on which it was actually obtained, and not alleged to be of the preceding term. Id. Where a judgment is obtained in vacation, the distringas being of the first day of the following terin, the record should be so framed as to show that the verdict preceded the judgment. Id. But where on nul tiel record pleaded to debt on recognizance of bail, the postea shown to the court proved to be erroneous in this respect, leave was given to amend it, the defendants also having leave to plead de novo. Id. Semble, that the court would have allowed the error in the declaration to be amended without permitting the defendants to plead again. Id. It is no answer to an action of debt on a judgment, that the defendant had been taken under a writ of ca. sa. issued on the judgment, and detained in custody twenty days, if it appears that the defendant was by a judge's order let out of custody on certain terms. M'Cornish or M'Cormick v. Melton, 3 Dowl. P. C. 215; 1 C. M. & R. 525; 5 Tyr. 147. 6 What destroys a Right of Action.]-Whatever constitutes an answer to the demand for which an action is brought, as against the plaintiff on the record, is a bar to the action, although brought for the benefit of others who have no mode of enforcing their claim except by suing in the name of the plaintiff. Gibson v. Winter, 2 Nev. & M. 737. the defendant, at the plaintiff's request, drew, upon 7 Notice of Action.]-A magistrate is not entitled to notice of action under 24 Geo. 2, c. 44, s. 1, for a trespas committed by him, where, from the circumstances, the jury think he was not acting bona fide under an impression that what he did was within the scope of his duty as 7 a magistrate. James v. Saunders, 4 M. & Scott, 316; 10 Bing. 429. Where a plaintiff has been nonprossed in replevin, and he afterwards brings trespass for the A disturbance took same cause, the court will set aside the proceed-ration of a prisoner. 10 place in C. upon the libeDefendant, à magistrate, |