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TO THE PRINCIPAL MATTERS CONTAINED IN THIS VOLUME.
holder may maintain an action for $50, in
370 satisfied the judgment against him without
443||10. And a request by one partner, after a disso.
lution of the firm, does not give a right of
action against the firm, to one who has paid
a firm debt on such request. Semble, Ibid.
11. It seems, however, that one who pays a
judgment against the defendant, without
his request, and takes a transfer of it, may
curities, are indebted to D., and B. for a
464 mises to pay the debt, and fails to do so, by
reason of which it is paid by C., C. may
maintain an action in A's name, for his use
against B. for the amount. Gee Adm'r v.
See Discontinuance 4.
See Partnership 1, 2, 3, 10.
See Executors and Administrators.
it in his own name. Sayre v. Lucas, 259 bills, &c. in the name of the firm, and such
ner only, and under seal. Lucus v. Bank
Ibid. 3. Where the party, with full knowledge of al.
a contract made by an agent in his name, he
of authority in that agent. McGowen v.
rendered against P. Grant & Conner v. Pettybone,
445 1. An agreement founded on a consideration 3. On appeals from justices courts, security für against public policy, whether for the whole
costs may be required of non-residents, as or in part only, is void. Carrington v. Cal.
in other cases. Thompsoa v. Miller, 470 ler,
1754. Justices have jurisdiction for the recovery of 2. And an association formed to buy and re- the value of specific articles bailed and not sell at a profit, the public lands at the go
re-delivered according to promise; and of vernment sales, and to prevent competition all demands in form ex contraetu. Spar is against public policy.
v. Boyd, 3. And a bond given to such association for 5. In cases of appeal, technical nicely and for
lands bought of them is void. Ibid. mal declarations are not required. bid. 4. When it is agreed that a deposition shall be 6. When parties go to trial on the merits in taken and read, it is admissible, though it
the appellate court, all irregularities in the appear by the deposition that the witness
justices return are waived. McGrew v. was interested. Stebbins v. Sutton, 249 Adams f. Elliott,
502 5. An ante-nupual agreement, by which the 7. Where on an appeal, issue is joined to the
husband relinquishes all right to the proper- country, though the sum in controversy be ty of the wife, and agrees that she shall en. under $20, the judgment will not be re. joy her separate property to her own use, versed, because the issue was tried by a jury does not bar the husband's right of courtesy. instead of the court.
Ibid. Rochon v. Lecatt,
429 8. And where the demand was under $20 See Contract.
when the warrant issued, but is increased
to more than that sum by interest during the AMENDMENTS AND JEOFAILS.
pendency of the appeal, the issue is proper. 1. A clerical mistake, apparent on the record ly triable by jury.
lbid. may be amended, on motion, by the court 9. In cases of appeal the court will not scruti.
below. Wade v kelly f- Hutchison, 443 nize the record as closely as in other cases; 2. And such misprisions may be corrected in therefore, where the declaration appeared this court, but at the cost of the plaintiff in to be as well against the security in the
appeal, as against the original debtor, af. 3. On an appeal, the judgment in the court be- ter verdict, both being in fact liable, the
low was against C. as security, when by the judgment will not be reversed for that cause. appeal bond it appeared that P. was the se
Ibid. curity; judgment reversed and rendered See forcible entry and detainer. against P. Grant f Conner v. Pettybone,
1. A writ was issued against three defendants, ANSWER IN CHANCERY.
was served on two of them, and there was a See Chancery.
declaration and judgment against three; the APPEAL.
record reciting that the defendants, by
their attorney, waived their plea:" held 1. The supreme court has a general super- that this was the appearance of those only,
vising power over all inferior judicial tri- who were served with process. Williams bunals, which may be created, so as to pre- et al. v. Lewis,
41 vent the violation of a positive right. Bell2. Whether a partner can lawfully authorize et al. v. Payne F. Williams,
414 an agent to enter an appearance in court for 2. But the legislature may lawfully give power his copartner, quere? Lewis v. Bank of to commissioners to determine without ap. Darien,
200 peal, what persons are entitled to pre-emp
ARBITRAMENT AND AWARD. tions under the act of 1829.
See Award. APPEAL FROM JUSTICE OF PEACE.
ARREST OF JUDGMENT. 1. On an appeal from a justice, no exception 1. Where a demurrer to a plea in abatement
can be taken for the want of a seal to the has been sustained, and the defendant
warrant. Rutledge v. Rutledge, 400 pleads over, he cannot move in arrest of 2. On an appeal the judgment was against C. judgment for the same matter contained in
as security, when by the bond it appeared the plea. Davis v. Diron et al. 370 P. was the security: judgment reversed and/2. In the record there were three pleas which
wcre demurred to, but no disposition of the (3. In a common count in assumpsit, the considemurrer; a trial on the merits and a mo deration of the assumpsit must be sufficient. tion in arrest of judgment: held that the ly specified to shew that the demand is on motion in arrest of judgment was an aban. simple contract. Maury v. Olive, 472 donment of the pleas.
Ibid.|4. The plaintiff declared in assumpsit, on a
note to be paid on the happening of a cerASSAULT AND BATTERY.
tain event, and averred that the event had See Costs, 6, 7.
happened, as appeared by endorsement on
the note: it was held that this was sufficient ASSETS.
to sustain a judgment by default final, for
the amount of the note. M'Gehee v. Chil. 1. A bond made payable to an administrator,as
506 such, is assets in the hands of an administra; 5. Suffering a judgment to be rendered by de. tor de bonis non. King v. Green et al. 133
fault is an admission of the plaintiff's cause ASSIGNMENT. of action as laid.
Ibid. 1. A debtor has a full right to prefer some cre
See Pleading III.-1. ditors to the exclusion of others, and may
Promissory Note, 2, 3. lawfully stipulate, that those who accept the
ATTACHMENT. property assigned shall release him, the contract being voluntary. Robinson v: Ra. 1. An affidavit that a party is about to remove pelye f. Smith.
himself out of the county of his residence, 2. A deed of assignment by a debtor, of all his
so that the ordinary process of law cannot effects for the benefit of all his creditors, is
be served on him, is not sufficient, to autho. not void on account of the debts and pro
rize an attachment to issue.
Wallis v. Murphy,
15 perty not being particularly described and specified.
2. A deed of assignment by a debtor of all 3. And such deed will be operative against an
his effects for the benefit of his creditors, attaching creditor here, though executed in
though made in New York, will prevail New York.
against a creditor here, who has subse. 4. The insolvency of the debtor does not vary
quently attached the effects assigned. Ro.
86 the above rules, there being here no bank.
binson v. Rapelye 8. Smith, Ibid.
3. A judgment on an original attachment is 5. A note under scal, payable to A. B. or bear.
prima facie evidence of a debt here, though er, is not assignable by delivery, so as to en.
personal service does not appear. Miller able the bearer to bring an action on il in
399 his own name. Sayre v. Lucas.
415 6. A corporation may assign its effects to a
Smith, administrators, trustee, for the benefit of creditors. Pope 4. But such a judgment may be impeached by v. Brandon et al.
plea, shewing that the defendant constant. 7. And such assignment will be effectual a.
ly resided here, and had no notice of the suit.
Ibid. gainst a judgment creditor, though the charter provides that the stockholders shall
See Garnishee. be personally responsible for the debts of
ATTORNEY. the corporation.
Ibid. 8. The assignee of a bond transferred after 1. Where a suit is instituted by a corporation,
due, takes it subject to all equitable de can the authority of the attorney who insti. fences. Teague v. Russell d. Moore, 420 tutes it be inquired into-quere? Lucas v.
Bank of Georgia,
147 See Action, 9, 10, 11. “ Cotton Receipt, 1, 2.
2. And pleading the general issue to a decla. Executor and Administrator, 2.
ration wherein profert is made of the au
thority of the attorney, is a waiver of such ASSUMPSIT. right, if any exists.
3. Under some circumstances, the sickness and 1. In assumpsit, a judgment by default for inability of counsel to attend court may en.
costs only and no damages, is error. Pick title a party to relief in equity; but if there ens v. Hayden f Meriam,
are counsel in attendance, who are unpre. 2. Assumpsit lies to recover back money paid pared, a motion for a continuance, or a new
on a parol purchaseof land. Allen v. Boo. trial at law, is the proper remcdy. Nl'. ker, 21 Droom y. Sommerville et al.
statute of 1824, requiring breaches to be
BILL OF EXCEPTIONS.
ting the necessary facts to shew the error,
and the court will not intend that facts
were proven, other than those stated.
will intend every thing which the record | 2. But the whole evidence need not be stated.
130 who presided below, was presented: but tbe
set aside on account of the absence of a the judge stated to be the true one; the one
Ibid. offered was rejected. Lecatt v. Strang, 230
4. Where the court refuses to sign a bill of er.
ceptions, and the party wishes to establish
the exceptions by proof, under the statute, it
must be done within the trial term; and on
notice to the opposite party. Perkins 5.
as such, is assets in the hands of an ad-
ministrator de bonis non: the description is
not mere descriptio persone. King v.
ligee with the obligor, does not extinguish
the debt, but only suspends the right of ac.
tion during her administration and coveri.
Lucas v. The Bank of Darien, 280
ciation formed to purchase lands at the pub-
lic land sales to resell them at profit and to
prevent competition, is void. Carring.
4. The bond required of the defendant under
act of 1811, by a defendant charged as fa ble to the governor. Lake of barres r.
395 itself the force and effect of a judgment;
if he fail to appear, though there have been will not be reversed for error. Logg: t.
in the penalty of $2,000, the defendant by mistake it was written, that if "M. R."
Ibid. rent on the face of the bond, it was bed