INDEX.

ABANDONMENT.

See INSURANCE, I.

ABATEMENT.

See PRACTICE, I., VI.

ABSENT AND ABSCONDING DEBTORS.

See DEBTORS, I.

ACT FOR GIVING RELIEF IN CASES OF INSOLVENCY.

See DEBTORS, II.

ACT FOR THE RELIEF OF DEBTORS WITH RESPECT TO IMPRISONMENT OF THEIR PERSONS.

See DEBTORS, III.

ACTION.

If one of two partners in trade purchase goods for both, and one of them dies, an action of indebitatus assumpsit may be brought against the survivor, without taking notice of the partnership or the death of one and the survivorship of the other. Goelet v. McKinstry, 405. See also, 406, n. (a.)

AFFIDAVIT.

A rule to show cause why a mandamus should not issue to a court of com-
mon pleas, to restore an attorney, was refused, because the affidavit did
not state, that the court had improperly removed him.

Ex parte Gephard, 134.

See BILL IN CHANCERY, I.

AGENT.

See also 134, n. (a.)

1. Where T. and J. residing in England, the holders of a bill of exchange
that had been protested for non-acceptance and non-payment, remitted the
same to S. in New York, for collection, and S. delivered the same to an en-
dorser, who delivered it to the drawer as the consideration for a house, con-
veyed to the endorser as security for his endorsement, and S. went to Eng-
land, and while there delivered to T. and J. a letter addressed to the en-
dorser, requesting him to pay the amount of the bill to them, it being their
property, and T. and J. enclosed the letter of S. to the endorser and urged
him to remit the amount without delay, and informed him that they had
adopted the friendly mode of writing to him for an immediate remittance in
preference to applying to any other of their friends. And upon S.'s return
to America, T. and J. wrote to S. to take every legal step to recover the
money, but S. returned no answer or took any further steps in the matter.
Held that S. was discharged from his responsibility by the principal's adopt-
ing his acts, so that an action on the case would not lie against him for the
amount of the bill.

Towle v. Stevenson, 110. Cases and authorities, 113, n. (a.)
2. Where an agent received goods upon condition to pay B. a certain sum out
of the first proceeds thereof, which acceptance so made, was afterwards
approved by the principal, the agent was held bound to pay B. the sum
stipulated, notwithstanding the goods had been previously assigned by the
principal to C., but without the knowledge of the agent.

Neilson v. Blight, 205, n. (a.)

See CONDITION, 2. FACTOR.

ALIEN.

1. A. conveyed land to B. in trust for C. who was an alien, C. afterwards,
and before any office found, became duly naturalized, and B. then released
to him the estate so held in trust; It was held, that the conveyance to C.
was valid. Jackson ex dem. Culverhouse v. Beach, 399.

2. No title, in case of alienism, vests in the people of the state, until after
office found. Ib.

3. Naturalization has a retroactive effect, and confirms the former title of
the alien. Ib.

AMENDMENT.

1. On error coram vobis, an amendment of the record was allowed by enter-
ing a suggestion of the death of one of the defendants, pending the original
action. Hamilton v. Holcomb, 29.

2. A fieri facias, after it had been returned satisfied, was allowed to be amen-
ded. Phelps v. Ball, 31.

3. The jurata and distringas may be amended after a verdict without costs.
Heermance v. Delamater, 220.

4. Before a default for not joining in demurrer, the party may amend the plea
demurred to, but not add a new one. Doyle v. Moulton, 246.

5. The plaintiff cannot amend his declaration after plea pleaded, without pay-
ing costs and giving an imparlance. Holmes v. Lansing, 248.

APPEAL.

See PRACTICE IN THE COURT OF ERRORS.

COURT OF ERRORS.

ASSIGNEE.

COSTS IN THE

Where the obligor of a bond, after notice of its being assigned, took a release
from the obligee, and pleaded the release to an action brought by the as-
signee, in the name of the obligee, and the plaintiff replied the prior assign-
ment, the replication was held good, and the release a nullity.

Andrews v. Beecker, 411. Authorities, 411, n. (b.)

ATTACHMENT.

See PRACTICE, IV. SHERIFF, II.

ATTAINDER, ACT OF.

The wife of a person attainted under the act of the 22d October, 1779, is en-
titled to dower out of the estate of her husband, which has becomed forfeit-
ed. Palmer v. Horton, 27.

ATTORNEY.

It is improper for an attorney to appear and act for a party in a suit, as an
agent, and not as attorney. Heyer v. Denning, 103.

See COSTS, I. PLEAS AND PLEADINGS, II. 5, 6. PRAC-

TICE, V.

BAIL AND BAIL BOND.

I. Exception to.
II. Exoneretur.
III. Relief to.

IV. Surrender.

I. Exception to.

1. After the special bail is put in, the plaintiff, if he is dissatisfied with it,
must except to it, and cannot proceed on the bail bond.

II. Exoneretur.

Ferris v. Phelps, 249.

2. Bail are entitled to an

on a charge of felony.

exoneretur where the prisoner is committed to prison
Cathcart v. Cannon, 28.

3. If the bail surrender the principal within eight days in term after the return
of process against them, it is sufficient, and the exoneretur may be entered
afterwards. Strong v. Barber and Griffin, 329.

III. Relief to.

4. The court will not exercise its equity power, in granting relief on bail
bonds, until after the condition is forfeited. Bird v. Mabbett, 31.

5. Where bail are relieved, on payment of costs, it is a condition which they
must offer to perform, without waiting for a tender of the bill.

IV. Surrender.

Cathcart v. Cannon, 220.

6. Bail having eight days in full term, after return of capias against them,
within which to return their principal application for leave to surrender be-
fore the expiration of that time is unnecessary and premature.

See Supra, Exoneretur, 3. HOMINE

PRACTICE, VII.

Elliott v. Hay, 334.

REPLEGIANDO.

BANK OF THE UNITED STATES.

In an action brought by the president, directors and company of the bank of
the United States, it is not necessary to set forth the act of incorporation,
or the names of the individuals composing the company. President, Di-
rectors and Company of the Bank of the United States v. Haskins, 132.

BILLS OF EXCHANGE AND PROMISSORY NOTES.
I. Construction of "Months after date."

II. Endorser, rights of.

1. Under Insolvent Act of 1788.

2. Under Insolvent Act of 1819 and Revised Statutes.
3. To demand and notice of non-payment waived.

III. Endorsement.

IV. Notice of demand and Non-Payment.
V. Damages on Protest.

VI. Action.

1. Right of.

2. Parties.

3. Declaration in.

4. Plea and Notice.

5. Set Off.

I. Construction of "Months after date."

1. In cases of bills of exchange and promissory notes, time is computed by cal-
endar, and not by lunar months.

Leffingwell v. White, 99. Cases and other authorities, 100, n. (b.)

II. Endorser, rights of.

1. Under Insolvent Act of 1788.

2. The insolvent act of the 21st of March, 1788, extends the discharge to such
debts only as are due at the time of the assignment of the insolvent's estate,
and to debts contracted before that time though payable afterwards.

Frost v. Carter, 73.

3. Such debts must be specific and certain sums of money, to which the credi-
tor can make oath as being justly due, or to become due at some specified
time; and unless the creditor at the time of the assignment, be able to
produce and verify such a debt, he will not be entitled to receive from the
assignees his dividend of the insolvent's effects, nor will he be barred from
his future action against the insolvent. Ib.

4. Therefore if an endorser of a promissory note pay it, after the maker has
been discharged under the insolvent act, he may recover the amount from
the maker, whose discharge will be no bar to the action. Ib.

2. Under Insolvent Act of 1819 and Revised Statutes.
Page 74, n. (a.) See STATUTE.

3. To demand and notice of non-payment waived.

5. Where the endorser of a note before it became due, informed the holder, that
the maker had absconded, and that being secured for his responsibility, he
would give a new note, and requested time to pay, and in the mean time
the note fell due; it was held, that the holder was not bound to make a
demand on the maker, or to give notice to the endorser.

Leffingwell v. White, 99. Cases and other authorities, 100, n. (c.)