TABLE OF CASES.

VOL. IV. PART I.

Page.

ARMSTRONG V. Lewis (Pawnbroker-Illegal contract of partnership,
effect of.)
Atkinson, Ex parte (Post-office-Persons in the employ of the Post-
master-General exempt from serving on juries, &c.)

Beaumont v. Mountain (Act of Parliament-Private act declared public and to be judicially taken notice of without being pleaded -mode of proof of.)

Clark v. Marner (Practice-Writ of trial, to whom directed.)

1

160

177

171

-Trial before a deputy appointed by the

Judge of the local court of record, good, unless it appear that the Judge has no power to appoint a deputy.) Cocks v. Nash (Release-of principal debtor, effect of, as to a surety.) 162

ib.

Dean v. Hogg (Ship-What right passes to the hirer.)
Doe d. Tucker v. Roe (Ejectment-Service of declaration, &c, on a

188

servant.)

Freeman v. Paganini (Costs-Practice-Costs of motion to take money out of Court, where paid in lieu of bail.)

165

Garland v. Carlisle (Sheriff-Liability of, in trover for seizing and selling under a fi. fa. the goods of a trader after a secret act of bankruptcy.)

Horne v. Took (Practice-Setting aside proceedings.)

24

183

King v. Shrives (Executors-Sale of real estate for payment of debts of the testator.)

149

delivery of pleadings, &c., making up and delivering de-
murer books, &c., 122-124.

on plea of judgment recovered, 124.

proceedings in error, 124–127.

repassing record, 127.

writs of trial to be sealed only, 127.

proof of documents, 127-129.

warrants of attorney not to be entered, 132.

costs of counts and pleas, 135.

notice of taxation, 127.

entry of proceedings on record, 138.

charge for issue, 138.

payment of money into Court, 138.

me of my bricks”—actionable, without introductory averment, or innuendo, or averment of special damage.) . Smith v. Smyth Pleading-venue laid in Middlesex and trespass alleged to have been committed "in a certain dwelling-house situate in London"-held not demurrable.) Surman v. Bruce (Bail-discharged by laches of plaintiff in not giving them notice of the default of their principal, after time given on a cognovit with consent of the bail.).

proceeding by plaintiff after, 138.

Shinfield v. Laxton (Practice-Term's notice, where no step taken
in the cause for four terms.)
Slowman v. Dutton (Slander He is a thief"_" You have robbed

187

174

180

184

Whitbourne v. Pettifer (Practice-Production and inspection of papers.)

182

Whitford . Tutin (Evidence of written contract of hiring, not signed by both parties, though acted upon.)

166

TABLE OF CASES.

VOL. IV. PART II.

Page

A CEBAL V. Levy (Pleading-Quare whether a count for goods bar-
gained and sold be sustainable where the goods are re-sold by
the vendor, on the purchaser's refusal to accept them.)
(Statute of frauds-What a sufficient note or me-
morandum of the contract to take a case out of the statute.)
(Variance between declaration and proof.)

Barham v. Lee (Affidavit-Waiver-Appearing to oppose a rule,
no waiver of an objection to the affidavit on which the rule has
been obtained.)
Belcher v. Maberly (Bankrupt-Voluntary assignment in contem-
plation of bankruptcy.)

Betham v. Gregg (Ecclesiastical law-What an avoidance of a be

217

ib.

ib.

327

295

nefice within the meaning of the statute 28 Hen. 8, c. 11.) 230 Brown v. Lord Granville (Practice-Execution notwithstanding the allowance of a writ of error.)

333

258

Butler v. Mapp (Practice-Entering a nolle prosequi as to part of a count, after demurrer thereto.).

Clarke v. Hooper (Statute of limitations-What a sufficient acknowledgment of a debt to take a case out of.)

353

v. Pedley (Poor-rate-Levy of costs of the previous summons under a warrant of distress in which such costs are not mentioned.) Coppin v. Potter (Affidavit to hold to bail-Description of deponent in-No new affidavit necessary on the issuing of a second writ by the same deputy filacer into another county-In action by husband and wife, administratrix, on a bond given to the intestate, affidavit how framed.)

Cowell v. Betteley (Arbitration-As to power of arbitrator to award a set-off of costs of one cause against damages and costs in another.).

(Attorney-Attorney's lien for costs under the

93rd rule of Hilary Term, 2 Will. 4.)

Curtis v. Curtis (Slander-" You have committed an act for which, I can transport you"-actionable without colloquium or innuendo.)

321

272

265

ib.

337

Dabbs v. Humphrey (Bill of exchange-What a sufficient prima facie case to entitle a defendant to call upon the plaintiff to shew how he became the holder.)

Page

285

(Statute of limitations-What a sufficient acknowledgment to take a case out of.)

ib.

263

(Costs-of inconsistent issues.)

ib.

198

Emery v. Mucklow (Bankrupt-What a good petitioning-creditor's debt.)

Greenham v. Gibbeson (Power-Execution of.)

Hoadly v. Maclaine (Statute of frauds-What a sufficient memorandum of the bargain to satisfy the 17th section of the 29 Car. 2, c. 3.)

340

Huber v. Steiner (Practice-Leave to add pleas after issue joined.) 328 James v. Saunders (Magistrate—Where entitled to notice of action under the 24 Geo. 2, c. 44, s. 1.) .

316

Kendall v. Allen (Practice-Staying proceedings.)

319

M'Kenzie v. M'Leod (Master and servant-Liability of master for the consequences of an act of his servant.)

249

Mammatt v. Mathew (Affidavit to hold to bail-on bill of exchange,
where sufficient-Defect in, how waived.).
Memorandum.

356

Mummery v. Campbell (Costs-of motion for defendant's discharge out of custody on the ground of irregularity, not costs in the cause.)

Rex v. The Sheriff of Essex (Practice-Changing bail.). Shuttleworth Ex parte (Baron and Feme-Motion under the 3 & 4 Will. 4, c. 74, s. 91, to dispense with the concurrence of the husband to a disposition by the wife of lands &c. to which the latter is entitled in her own right.)

330

379

247

332, n

Sims v. Jaquest (Costs-under the 43 Geo. 3, c. 46, s. 3.)
Skipper v. Lane (Sheriff-Motion under the interpleader act, when
to be made.)

Stannard v. Ullithorne (Attorney-Liability for permitting a client
to execute an assignment of a leasehold interest determinable
with lives, containing unusual covenants, whereby the client sus-
tained loss.)
Thomas Ex parte (Baron and Feme-Motion under the 3 & 4 Will.
4, c. 74, s. 91, to dispense with the concurrence of the husband
to a disposition by the wife of lands &c. to which the latter is
entitled in her own right.)

Williams, dem., Harris, ten. (Writ of intrusion-Entering nolle prosequi in.)

380

283

359

331

358

Wilson v. Cutting (Ship-owners-Suit by one part owner against another in respect of adjusted account.)

268

TABLE OF CASES.

VOL. IV. PART III.

Cooper v. Blandy (Landlord and Tenant-Doctrine of estoppel between.).

ALLEN v. Wood (Husband and Wife-In what case marriage invalid; and, where invalid, supposed husband not estopped from shewing it to be so.).

Baker v. Gostling (Covenant-On a deed of assignment, where
maintainable.)

Batchelor v. Vyse (Sheriff-Liable in trover for selling beyond the
sum indorsed on the writ, and costs.)
Brydges v. Fisher (Evidence Commission for examination of wit-
nesses, when to be moved for.)

Cheek, plaintiff, Booth, deforciant, (Fine-Acknowledgment by a
feme coverte taken without concurrence of husband.)
Cockman v. Hellyer (Warrant of Attorney-Motion to enter up
judgment on.)

Page

510

539

552

453

460

487

562

Curtis v. Spitty (Pleading-Nil habuit in tenementis to debt for use and occupation.)

554

Decharms v. Horwood (Co-parceners-must join in an action.) Dicas v. Warne (Attorney-Motion to strike an attorney off the roll for hiring sham bail in error.)

Doe d. Brittlebank v. Roe (Ejectment-Service of declaration, &c. on a daughter of the tenant.)

Dunne v. Harding (Practice-Concurrent writs into different counties.)

450

Elliott v. Pybus (Goods bargained and sold-Where maintainable.) 389 (Statute of Frauds—What a sufficient appropriation

of goods sold to satisfy the statute.)

ib.

Fleming v. Gooding (Landlord and Tenant-Tenant, where estopped from disputing his landlord's title.)

455

Haslam v. Sherwood (Attorney-Undertaking by.).

434

Haworth v. Hardcastle (Practice-Where sci. fa. obtained to repeal
a patent pending an action for an infringement.)
Humphrys v. Harvey (Attorney - Defendant's attorney having
omitted to cause his name to be inrolled, plaintiff at liberty to
discontinue without costs.) .

448

500

Kirby v. Siggers (Practice-Penalty imposed by the Court for improperly dealing with records.)

481