(3.) They must be made after the agreement is perfected. (4.) They must be made to be expended in the cultivation of the crop during that year. (5.) The lien must be on the crop of that year, made by reason 3. It is not necessary to the regularity of a summary proceeding AMENDMENT. Thomas v. 1. The power of amendment extends only so far as to make the 2. It is not error for the court below, in an action for unliquidated See Abatement, 3. APPEAL. 1. Where upon an appeal to this court, it appears that the appellant has failed to prepare and serve upon the appellee a statement of the case, within the time prescribed by the statute, and objection is taken by the appellee on that ground, the appeal will be dismissed, unless there has been a waiver of the irregularity. Upon a motion to dismiss the appeal in such case, this court cannot hear contradictory evidenee, and the motion will be allowed if the waiver is denied, unless it appear from the affidavits filed by the appellee, that there has been such a waiver. Adams v. Reeves, 106. 2. If in such case there be a waiver, and the parties fail to agree upon a statement of the case upon appeal, and the presiding Judge goes out of office before settling the case, the only remedy is, to remand the case for a new trial, Ibid. 3. It is not sufficient for a defendant, for the purpose of perfecting an appeal from the judgment of a Justice of the Peace, to the Superior Court, to show that when the case was called for trial on the 3d of October, 1874, it was continued at the instance of his co-defendant until the 16th day of the same month; that on the said 3d of October, another case in which he was also defendant, and which involved the same merits, was tried and judgment rendered against him, from which judgment his attorney appealed; and that then and there, in the presence of the plaintiff, his attorney gave notice to the Justice, that if neither his client nor himself could be present at the trial on the 16th, and if judgment should be rendered in favor of the plaintiff, he requested the Justice to make this entry: "An appeal prayed by the defendant H alone, and granted as to him." That he did not know whether the plaintiff heard this notice or not. The requirements of the State regulating ap peals are plain and simple, the neglect of which should no longer receive the indulgence of the courts. Green v. Hobgood, 234. 4. Where, upon an appeal to this court from the judgment of the court below, upon an indictment for murder, no error is assigned, and the court, after a careful examination of the record, is unable to discover any error, the judgment of the court below must be affirmed. State v. Powell, 270. 5. Where, upon an appeal to this court, it appears that the subject matter of the action has been disposed of, and the only matter involved is a question as to costs, the appeal will be dismissed. State v. Rich. & Dan. Railroad Co., 287. 6. An appeal does not lie from the Superior to the Supreme Court, upon the refusal of the Judge below to pass upon the competency of evidence and its materiality, especially before the the trial. Wallington v. Montgomery, 372. 7. When an appeal from the Superior Court is perfected, the Judge below has no farther jurisdiction of the matter. McRae v. Comm'rs of New Hanover, 415. 8. Where, upon an appeal to this court, the appellant fails to prepare a case and serve it upon the adverse party, as required by the provisions of the Code of Civil Procedure, "the liberal prac tice among the members of the bar in this district," in such cases, is not sufficient ground to warrant a writ of certiorari. Wilson & Shober v. Hutchinson, 432. 9. It is error in the court below, to grant an appeal from the refusal of his Honor to grant a motion made by defendant, to dismiss the proceedings; an appeal thus improvidently granted will be dismissed in this court. Mitchell v. Kilburn, 483. 10. When a motion to dismiss the proceedings is overruled below, his Honor should proceed with the trial, leaving the parties to save their rights by exception; so that when final judgment is rendered, the appeal will present to this court, the questions raised upon the trial, as well as the motion to dismiss. Ibid. 11. Where, upon an appeal to this court, no error is assigned, and there is no error apparent upon the record, the judgment of the court below will be affirmed. Stepson, to the use of Clayton v. Summey, 551. 12. A motion to dismiss an appeal, because it does not appear that a case had been made and served as prescribed by the Code of Civil Procedure, will not be granted, when an opposing counsel states on oath, in this court, that all the requirements of the C. CP. were complied with in the court below. Kirk v. Barnhardt, 653. APPRAISERS. 1. The appointment of appraisers to assess damages, &c., by the Therefore, the act is not unconstitutional. Flat Swamp, Lock's 2. The plaintiff in such proceeding can only enforce the lien 3. A Justice of the Peace has no jurisdiction to enforce such lien, where the amount is less than two hundred dollars; his judgments are necessarily personal, and enforceable on all the property of the debtor, and not in rem. Such a lien is not a personal debt, but a lien upon the land benefitted, which is the only security therefor. Ibid. APT TIME. See Bankrupt, 1, 2. ARREST. An affidavit stating "that the defendant has disposed of his prop erty, with the intent to defraud his creditors, in this, that although he has received from the plaintiffs alone, over $7,000 in specie, and $7,289.33 in currency, and from the plaintiff F, the further sum of $300, currency, he has not paid any of his creditors, unless to a very inconsiderable amount, and that he owes debts exceeding the sum of $3,000, is insufficient, and will not justify the arrest of the defendant. Smith v. Gibson, 684. See Affidavit, 2; Evidence, Crim. 1. ASSAULT AND BATTERY. 1. A threat to use a deadly weapon, with a present power to do so, an indictment for an assault and 3. Whether, if the bill had charged that the assault was made, by shooting at the prosecutor, the verdict could be sustained, Quere? Ibid. See Pleading, 2. ASSAULT WITH INTENT TO COMMIT RAPE. See Evidence, (Crim.) 6. ASSENT. See Account; Courts of Probate, 3, 4. ASSIGNEE. See Abatement, 2; Action, 1; Bills, Bonds, &c., 3. 4; Contract for sale of land. ATTORNEYS, This court will never interfere between attorney and client in mak ing allowance for professional services, although there may be a fund in the keeping of the court. Mordecai v. Devereux, 673. See Appeal, 3, 8; Insurance (Fire) 2. BAILMENT. See Agreement, 2; BANKS. 1. Under the charter of the city of Greensboro', the Commissioners See Bills, Bonds and Prom, Notes, 1. BANKRUPT. 1. APT time sometimes depends upon lapse of time, as where a thing is required to be done at the first term, or within a given time, it cannot be done afterwards. But it more usually refers to the order of proceeding, as fit or suitable. Hence, where a defendant filed a petition for a recordari, to remove a case from a Justice's to the Superior Court, and during the pendency thereof, and before motion in the Superior Court to place the case upon the trial docket, the defendant obtained his discharge in bankruptcy: Held, that the defendant had not been guilty of laches because two years had elapsed since his discharge, before making said motion, and praying to be allowed to plead such discharge. Pugh v. York, 383. 2. No time is prescribed within which a discharge in bankruptcy is to be pleaded. If it is done in proper order, it makes no difference whether the time be long or short. Ibid. BILLS, BONDS AND PROMISORY NOTES. 1. A County Court borrowed money of a bank, to aid the rebellion: Held, that it was not the duty of the County Court to pay the debt; nor could the bank have made the county pay it. Subsequently the County Court borrowed the money to pay this bank debt: Held, that the county was not bound, either on the bond given, or on any implied contract, to pay the same, as it |