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COPIOUS INDEX

TO VOL. IX.

ABATEMENT, ch. 176, a. 1, s. 4. Plea in, the fifth day of the term, cannot be admitted: 20, shewing the plt. is not a succeeding treasurer, is in abatement. Other cases in abatement, 20.

Ch. 176, a. 3; jurisdiction, s. 11. A & B made a joint promise; A never had his domicil or any property in the State. B alone is suable, though there be judgment against him in another State, not satisfied, 21; if the common pleas deny the deft. his plea in abatement, he may file it in the supreme judicial court, 34. United States courts have jurisdiction of suits by or against executors or administrators, citizens of different States, though the deceased were not such, cases, 34, 35. If a deft. appears and does not except to the service, he waives exception. Other points, cases, 35, 36. Where joining citizens of the same State in equity, does not affect jurisdiction, 37. Case of a feme sole marrying pending the suit, how the husband may become a party, 37.

Ch. 176, a. 4, s. 9. The wife in a real action dies pending the suit, the husband cannot proceed. 11, con. the plt's. disability; one convicted, when civiliter mortuus. Other convictions.

Ch. 176, a. 6. Defts. improperly sued, 8, con. Omitting the middle name is a misnomer. Junior no part of the name, cases, 8. Ch. 176, a. 7, Death of the deft., &c., 11, privilege in abatement. Ch. 176, a. 9, s. 2. A corporation enters an appearance, thereby objections to the service were waived. But appearance for the purpose of objecting to the return is no waiver of the defect, 2. If when a writ is served, there is no count in it, this may be pleaded in abatement, 2. 4, 10, other cases in abatement. So, 16.

Ch. 176, a. 12, non-tenure, &c., s. 6. If deft. claims no interest, he must file his disclaimer. If he claims less than a freehold, he pleads non-tenure specially.

ACCESSION, ch. 176, a. 1, con. s. 4, 5, several cases.

ACCORD AND SATISFACTION, ch. 155, in debt, s. 17, is where plt. and deft. agree, and discontinue their action. So 18, B. accepts A's note, endorsed by C, in full satisfaction of all demands.

ACCESSARY, ch. 197, a. 10, s. 10. When he may be tried. How indicted, 12.

How punished in several cases.

Ch. 221, a. 18, s. 1, &c.
ACCOUNT, ch. 8, a. 1, s. 12.

Plt. goes for a mere partner

ship account to be settled, is proper for equity.

Ch. 8, a. 4. Debt in Maryland, and auditors appointed on statute, 6. Was on the bond of a deputy sheriff to the sheriff, id. It seems in Pennsylvania the plt. may recover more damages than he declares for, 7. Judgment for the value of the goods and damages, Where no damages, 7.

7.

ACCUSING ONE'S SELF, ch. 80, a. 1, s. 48. The meaning of the maxim. See Nemo, &c.

ACQUITTANCE, pleaded in debt, ch. 156, s. 19. Two or more persons are jointly and severally bound in one obligation. An acquittance to one at law discharges all. Not so in equity. It may yet be pleaded, &c.

ACTIONS, ch. 3, generally, a. 1. s. 5. A minor is liable in trover for riding a hired horse to a place not agreed on. 6, no action for damges for a tort lies when occasioned under a statute which gives a special remedy. If A make a note to B, for C's benefit, C may maintain an action at law, 7. One partner may have an action against another or a covenant to account, where on a promise, 8. My goods are injured in my bailee's hands, I may have an action if I have the immediate right of possession, 9. Where the grantee of land has his action, if it fall short, 10. The vendee to recover back the price of an article sold to him, and it fails, he must first return or tender the article, 11. Aliter to recover on the warranty, 11. Where a third person's note is payment for a horse A sells to B, 12. If A had no title, B has assumpsit to recover back the price, 12. A foreign merchant is liable for his neglect in packing goods in a vessel he sends to me, having no directions from me how to pack them, 13. Where one must sue on a contract, as still in force, 14.

Ch. 3, a. 3, s. 12. As to partners in trade. If a creditor agree not to take the separate estate of one, he cannot sue the partnership debt. If a man disable himself to perform, &c., may be sued immediately, 13. How the maker of a note may recover the amount of a payment on his note, not endorsed, 14. The owner of a vessel may be liable to an enemy's action, 15. If the maker of a note pay it unfairly, and get possession of it, the owner may have trover for it, 16.

Ch. 4, right of action, &c. con. s. 24. If the vendee of goods short credit, the vendor may sue. If the promisee omit to endorse and get judgment for too much, the promisor must revise, 25. If a clerk credit too much on an execution to the plt's. injury, he has his action, 26. When a statute gives a new remedy, the plt. must sue on it, 27. No man can sue himself at law, 28. Where the sheriff may sue the plt. for gaol fees, 28. Assumpsit never lies for stolen goods, 29. No one honestly sued, though not liable, has an action, 30. A false certificate, how a ground of action, 31. No action lies for breach of covenant, where a note is taken therefor, 32. Case for

distraining for rent after tender of it, 33.
the plt's. mark, and sells goods by it, 34.
delivering goods to one insolvent, 35.
ty, 36.

Deft. is liable if he assume Where a factor is liable for Action on a decree in equi

Ch. 5, Election in actions, a. 1. s. 1, con. Plt. may elect to waive the tort. 6, con. and 7, where vendor may have assumpsit for goods sold, or sue a note therefor given, except expressly received in payment; plt. may sue trespass or trover; father has trespass or case for debauching his daughter; so crim. con; A conveys his estate to C, when A owes B, C's promise in writing to pay B is good, 8. Same principle, 9. Assumpsit lies for an annuity in a will, 17.

Ch. 6, actio accrevit, &c., a. 2, s. 4 con. Where the plt. must state the obligor sued, survived; those only take who survive the tenant for life, 8. Where the intestate had no cause of action against A, and cause accrues after, intestate's administrator has assumpsit against A, 9. Vendor can sue forthwith when the vendee does not perform a condition, 10.

Ch. 7, actio personalis, &c., s. 3 con. A's promise to marry does not survive him if broken in his lifetime; same, debt for a penalty for cutting trees, id., and, 6, no action lies on a contract made in violation of law, 23. Agreement to sue only one promissor, is only a ground of action, 24; not a release or bar, id. Father's action in Virginia for debauching his daughter, 25. A ignorantly buys a land warrant, and pays, and finds it void, he recovers back his money, 26. Case for diverting a water course, dies with the plt., 4, 6, 3 and 7. Is confined to personal estate, 27.

ADMIRALTY, ch. 186, a. 5, s. 1. Quere, if a suit in personam, in the admiralty, lies against the owner of the ship by material men for supplies in her home port, 1. Several other cases, 1. 9, has jurisdiction of personal torts at sea; how amendments are made in form and substance; cases.

Ch. 186, a. 9, s. 17. A forfeiture of a ship on the act of congress of Dec. 31, 1792, ch. 1, sundry points decided, 17.

Ch. 186, a. 10, s. 5, where prohibition lies.

Ch. 186, a. 11, s. 1 con. No warranty in admiralty sales. 11

con.

An injunction that stays proceedings against the principal, stays them against the special bail; cases, 12. Several other cases of injunctions, 19, a commission to the vice admiralty in a colony before the American revolution; remarks thereon.

ADULTERY, ch. 198. Husband divorced for his adultery in Massachusetts, may lawfully marry a second wife in Connecticut, living the one divorced; marriage legal in one State, is so in all.

Ch. 221, a. 18, s. 1, &c. How punished in Virginia, Rhode Island,

&c.

AGENT, ch. 1, a. 41, s. 2, 5 con. The agent of a company not incorporated, may sue a subscriber, for money advanced for him. Ch. 9, a. 18, s. 5 con. Agent and principal, officers, &c. The

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principal ratifies the agent's acts no further than he knows them when he ratifies. An officer created by statute has implied power to fulfil all its duties, 5. And sue and defend accordingly, 5. When a public agent or officer appears to act in the line of his duty, his contracts are the public's, not his own, 5. Nor is he personally liable when the transaction shows he engages on public account, 5. Need not say expressly he acts on public account, 5. Not liable when he buys goods and declares his principal's name at the time, 5. If I pay money to an agent by mistake, he alone is liable unless notice be given to the principal before he settles with him, 5. The agent's rights. When he acts fairly he is not liable to expenses or otherwise, 5. When the addition of agent, cashier, treasurer, &c. is only personal description, 9 con. If my agent buy up my paper with my funds, he has no profit, 9. Where A acts as B's attorney, he contracts thus B, by A, his attorney, doth bargain,' &c. The principal by deed, may, subsequently, ratify his parol power, 9.

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Ch. 9, a. 18 con., s. 18. Agent not authorized under seal, makes a deed to bind his principal; is not made valid by a parol ratification; nor is the agent bound unless the deed contians apt words, 18. Agent of a corporation is liable on a written promise, not sealed, if he make it unauthorized, 19. May sue in his own name on a contract with him, if intended in it, or is answerable over, 19. Other cases of agents bound, 19. Overseers of the poor, how bound, 19. One may be agent of a corporation in the same manner as of an individual, without any deed or writing, 20.

Ch. 20, a. 20, s. 33 con. If A sign a note, and add to his name agent for B, A is not liable as on his own promise, if authorized.

AGENT AND PRINCIPAL, ch. 59, a. 5, s. 11. Where the principal has assumpsit against his agent or attorney for monies received by him for lands sold. What is evidence of the receipt, 11. What is evidence against the principal, 11. Cases, 11.

Ch. 90, a. 2, where a witness, s. 1 con. Cases.

AGISTMENT, ch. 10, a. 3 con. s. 8. For feeding, &c. the deft's. creatures, &c. at his request. Deft. not allowed to prove he had title to the lands, &c.

AGREEMENT, ch. 11, a. 2, s. 1. On a cash sale of goods, the vendee is not entitled to the possession of them till he pays; but if the vendor deliver them without payment, the property passes, 1. Aliter if obtained by fraud, 1. Where cotton agreed to be sold was not delivered, but burnt, this was the vendor's loss, 1. What did not constitute a delivery, 1.

Ch. 11, agreement, a. 4, s. 1 con. Where agreement must be in writing, &c. cases. If an executor promise to pay the testator's debts, and gives bonds to pay them and legacies, his case is not within the statute of fraud, 3. Bond is admission of assets, 3.

Ch. 11, a. 5, s. 1 con. Giving time to perform a contract is no waiver. But a deed is not affected by a parol agreement.

Ch. 11, a. 9, s. 7 con. Part performance of a parol agreement,
as to land, does not, at law, take the case out of the act. Assumpsit lies
for the expenses in such part performance, 7. A parol agreement
may be valid by referring to a prior written one, 7.

Ch. 11, a. 13 con. s. 8. A memorandum in writing is not sufficient,
unless it shows who are the parties to the contracts.

ALIENS, ch. 131, a. 1 con. s. 14. British subjects born before
the revolution, are aliens, &c.; the treaties of 1783 and 1794, only
provide for titles existing; other points decided, 14. How an alien
may take by grant, and hold till office is found, 15. Americans aliens

in England. 16.

Ch. 131, a. 3, s. 1 con. Title vested under the treaty of 1778, in
a French subject here, continues.

Ch. 131, a. 4, s. 3 con. State estopped to demand lands of the
alien heirs of A, an alien, for it granted them to A. a. 4 con. s. 13.
The father, a citizen of the United States, his son is one, though born
out of them; otherwise of a child of a citizen mother and alien
father, 13; cases, 13. Aliens taking under the treaty of 1794, 13.
Lands escheat in South Carolina, rather than go to aliens, 18. Per-
sons born in foreign countries, how aliens, 14; cases, 14. Persons
not British subjects, cannot claim under the treaty of 1794, 14. Aliens
in several States, 15. An alien become a citizen of one State, is
such in all.

Ch. 131, a. 6, s. 5 con. The laws of France deny the rights of
expatriation; so American decisions, 9. Alien, plt. sues: plea,
alienage, what the deft. must prove.

Ch. 131, a. 7, s. 5 con. 11 & 12, W. 3, in force in Maryland.
a. 7 con, s. 18. A came from England to New York in 1774, but
never became a citizen thereof, after July 4, 1776, so could not inherit
lands there.

AMBASSADORS, ch. 199, a. 10, s. 10. What is a case affect-
ing a public minister. Indictment, &c.

AMENDMENTS, ch. 184, a. 1 con. s. 5. Amendments are mat-
ters of discretion in the courts below, 6. By mistake, the cause of
action is laid after the suit is commenced; amended after verdict;
amendment not granted, where plainly the judgment must be reversed,
nor if useless, 7. 8, Title of the cause amended. 9, Seal torn off.
Declaration amended to conform cases. 10, New count added must
be of the like kind of action, &c., and such as might have been joined
at first; cases, 10.

Amendments by re-

Ch. 184, a. 2 con. s. 2. Scire facias, 29.
storing counts before struck out, 30. An insolvent's schedule amended.
Ch. 184, a. 4, s. 9. Act of jeofails in Virginia of 1819. Plt. brings
case, where it should be trespass; error is cured by verdict; is
error to amend a judgment after the term, &c.

Ch. 184, a. 6, s. 2. Amendment after error brought; cases. 8
con. Same in replevin, allowed in a common recovery; amendmen
after judgment, 8; cases 8. After trial in ejectment.

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