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ANALYTICAL DIGEST

OF THE CASES PUBLISHED IN THE

NEW SERIES OF THE

LAW JOURNAL REPORTS

AND

OTHER REPORTS

OF DECISIONS IN THE

COURTS OF COMMON LAW AND EQUITY,

En the Ecclesiastical and Admiralty Courts,

BY THE HOUSE OF LORDS, THE PRIVY COUNCIL,
AND ELECTION COMMITTEES OF THE HOUSE OF COMMONS,

AT NISI PRIUS,

And in Bankruptcy,

FROM MICHAELMAS TERM 1845 TO TRINITY TERM 1850,

INCLUSIVE.

BY FRANCIS TOWERS STREETEN, Esq.

AND

HENRY JOHN HODGSON, ESQ. BARRISTERS-AT-LAW.

LONDON:

Printed by James Holmes, 4, Took's Court, Chancery Lane.

PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE.

1852.

LELAND STA. 1900, JR., UNIVERSITY
LANT PATMENT.

58,277

THIS DIGEST is in continuation of FIVE OTHERS, published at different times, containing the cases reported in the LAW JOURNAL REPORTS, and other contemporary Reports since the year 1822, either of which may be had as published, at the following prices :

First, 1822 to 1828, price 17. 11s. 6d. boards.
Second, 1828 to 1831, price 15s. boards.
Third, 1831 to 1835, price 17. 5s. boards.
Fourth, 1835 to 1840, price 17. 10s. boards.
Fifth, 1840 to 1845, price 17. 10s. boards.

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Reports.

Barron & Arnold's Reports .

Beavan's Reports

Carrington & Kirwan's Reports
Clark and Finnelly's Reports
Collyer's Chancery Cases
Common Bench Reports

De Gex's Reports

De Gex & Smale's Reports

Denison's Crown Cases

Dowling & Lowndes's Practice Cases

Exchequer Reports

Hall & Twells's Reports

Hare's Reports

House of Lords' Cases
Law Journal Digest.

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Law Journal Reports, New Series.

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Magis

trates'

Cases

Courts, &c.

Election Cases and Cases on Appeal from Revising Barristers. Chancery. Nisi Prius. House of Lords.. Chancery.

Common Pleas.

Bankruptcy.

Chancery.

Crown Cases Reserved.

(Queen's Bench, Common

Pleas and Exchequer.

Exchequer.

Chancery.

House of Lords.

Chancery.

Bankruptcy.

Queen's Bench. Common Pleas.

Exchequer.

Queen's Bench, Common

Pleas, and Exchequer.

Abridgment of Statutes.

Lowndes, Maxwell, & Pollock's Practice) Queen's Bench, Common

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DIGEST, 1845-1850.

b

TABLE OF TITLES.

ABANDONMENT.-See PRACTICE.

ABATEMENT.

OF SUIT.

By Death of Parties, 1

Effect of, as to Costs, 1
PLEAS IN ABATEMENT.

Time for Pleading after Oyer, 2
After Demurrer and Amendment, 2

To the Jurisdiction, 2

To Damages or Part of Causes of Action, 2
Non-joinder of Co-contractor, 2

Non-joinder of Assignee of Insolvent, 2
Auter Action pendent, 2

Coverture of Plaintiff, 2

Special Demurrer to, 2

Affidavit of Truth of Plea.

Form and Requisites of, 2
Waiver of by Plaintiff, 3

ABORTION, 3

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ACTION.

WHEN MAINTAINABLE.

Notwithstanding Statutable Remedy, 9
Right conferred by Statute, 9

When founded on an Illegal Contract, 9
Against the Hundred.-See MINE.
Religious Ceremonies in India, 9
PARTIES TO ACTIONS.-See PARTIES.
NOTICE OF ACTION.

In Name of Deceased Party, 9
Change of Attorney, 10

Stating Cause, without Form of Action, 10
Statement of Place, 10

For Distress, Action being in Trespass, 10
Act done in pursuance of Statute, 10
Bona Fides and Reasonable Belief, 10
Want of, when to be pleaded, 11
CONSOLIDATION OF ACTIONS, 11
ADMINISTRATION.

WHEN AND TO WHOM GRANTED.

In Conformity with Grant of Foreign Court, 11
During Absence abroad of Administrator, 11
To Husband when no Executor appointed, 11
Without citing sole surviving Executor who had
renounced, 12

After Renunciation of Executor unretracted, 12
After Retraction of Renunciation, 12
LIMITED GRANT OF, 12

REVOCATION OF GRANT of, by CONSENT, 12
ADMINISTRATION BOND.

Suing on after Death of Ordinary, 12
Application to put in Suit, 12

To be attended with in Equity, 12

INTEREST OF NEXT-OF-KIN TO OPPOSE TESTA

MENTARY PAPERS, 13

JUSTIFYING SECURITY, 13

LETTERS OF ADMINISTRATION.

Colonial, 13

Stamp, 13

ADMINISTRATION OF ESTATE.

IN GENERAL, 13

UNDER THE COURT.

What Debts may be claimed, 13
Refunding Debts wrongly paid, 14
Sale of real Estate, 14
Marshalling Debts, 14
Interest on Debts, 14
Marshalling Assets, 14
Practice, 15

ADMIRALTY.

JURISDICTION OF COURT of.
Equitable Jurisdiction, 15

Pending Proceedings in Scotland, 16
In cases of hiring for specific Sum, 16
In Claims for Wages under 20., 16

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