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Atkinson, Ex parte (Post-office-Persons in the employ of the Post-
master-General exempt from serving on juries, &c.) . 160
public and to be judicially taken notice of without being pleaded
-mode of proof of.) . . . . . . . 177
- -Trial before a deputy appointed by the
Cocks v. Nash (Release-of principal debtor, effect of, as to a surety.) 162
servant.) . . . . . . . . . 165
. . 165
Horne v. Took (Practice-Setting aside proceedings.) . . 183
of the testator.) . . . . . . . . 149
general rules and regulations, 131-139.
pleadings in particular actions
covenant and debt, 141.
Page. Regulæ Generales (continued). Pleading forms of issues, &c. of issue in the King's Bench, Common Pleas, or Ex
Pleas, or Exchequer, 145.
indorsement of verdict thereon, 148.
murer books, &c., 122–124.
proceeding by plaintiff after, 138.
. : ... . . . 187 Slowman v. Dutton (SlanderHe is a thief"_“You have robbed
me of my bricks”-actionable, without introductory averment,
or innuendo, or averment of special damage.). . . 174 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.) . . . 180 Surman v. Bruce (Bail—discharged by laches of plaintiff in not give
ing them notice of the default of their principal, after time given
Whitbourne v. Pettifer (Practice-Production and inspection of
papers.) . Whitford v. Tutin (Evidence-of written contract of hiring, not
signed by both parties, though acted upon.) . . : 166
TABLE OF CASES.
VOL. IV. PART II.
Page ACEBAL v. Levy (Pleading_Quære whether a count for goods bar
gained and sold be sustainable where the goods are re-sold by
(Statute of frauds—What a sufficient note or memorandum of the contract to take a case out of the statute.) ib.
(Variance between declaration and proof.) . ib. Barham v. Lee (Affidavit-Waiver--Appearing to oppose a rule,
no waiver of an objection to the affidavit on which the rule has
327 Belcher v. Maberly (Bankrupt-Voluntary assignment in contem
plation of bankruptcy.) , Betham v. Gregg (Ecclesiastical law--What an avoidance of a be
nefice within the meaning of the statute 28 Hen. 8, c. 11.) Brown v. Lord Granville (Practice-Execution notwithstanding the
allowance of a writ of error.) . . . . . 333 Butler v. Mapp (Practice-Entering a nolle prosequi as to part of a
count, after demurrer thereto.) . . . . . . 258 Clarke v. Hooper (Statute of limitations What a sufficient acknow- .
ledgment 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 men
· :. . . . . . . 321 Coppin v. Potter (Affidavit to hold to bail-Description of deponent
in-No new affidavit necessary on the issuing of a second writ
tate, affidavit how framed.) . . . . . . 272 Cowell v. Betteley (Arbitration-As to power of arbitrator to award
a set-off of costs of one cause against damages and costs in
. . . 265 (Attorney-Attorney's lien for costs under the 93rd rule of Hilary Term, 2 Will. 4.) . . . . ib. Curtis v. Curtis (Slander_“You have committed an act for which,
I can transport you”-actionable without colloquium or innu-
Dabbs v. Humphrey (Bill of exchange— What a sufficient prima
facie case to entitle a defendant to call upon the plaintiff to shew
. . . 285 (Statute of limitations— What a sufficient acknowledgment to take a case out of.) . . . . ib. Emery v. Mucklow (Bankrupt-What a good petitioning-creditor's debt.) . .
. . 263 (Costs—of inconsistent issues.) . . . ib. Greenham v. Gibbeson (Power-Execution of.) . . . 198 Hoadly v. Maclaine (Statute of frauds—What a sufficient memoran
dum of the bargain to satisfy the 17th section of the 29 Car.
2, c. 3.) . 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. MʻLeod (Master and servant-Liability of master for
the consequences of an act of his servant.) . Mammatt v. Mathew (Affidavit to hold to bail-on bill of exchange,
where sufficient-Defect in, how waived.) . . . : 356 Memorandum. . Mummery v. Campbell (Costs-of motion for defendant's discharge
out of custody on the ground of irregularity, not costs in the
cause.) . . . . . . . . . 379 Rex v. The Sheriff of Essex (Practice-Changing bail.) . . 247 Shuttleworth Ex parte (Baron and Feme~Motion under the 3 & 4
Will. 4, c. 74, s. 91, to dispense with the concurrence of the
latter is entitled in her own right.) . . . . 332, n Sims v. Jaquest (Costs—under the 43 Geo. 3, c. 46, s. 3.) . 380 Skipper v. Lane (Sheriff-Motion under the interpleader act, when to be made.) . . .
283 Stannard v. Ullithorne (Attorney-Liability for permitting a client
to execute an assignment of a leasehold interest determinable
tained loss.) . . . . . . . . . 359 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
entitled in her own right.) . . . . . . 331 Williams, dem., Harris, ten. (Writ of intrusion-Entering nolle
prosequi in.) . . . . . . . . : 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.
ter up 487
ALLEN v. Wood (Husband and Wife-In what case marriage in
valid; and, where invalid, supposed husband not estopped from
shewing it to be so.) · · · · · · · · 510 Baker v. Gostling (Covenant-On a deed of assignment, where maintainable.)
. 539 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.) . . . . . 453 Cheek, plaintiff, Booth, deforciant, (Fine-Acknowledgment by a
feme coverte taken without concurrence of husband.) . . 460 Cockman v. Hellyer (Warrant of Attorney-Motion to enter up
judgment on.) . Cooper v. Blandy (Landlord and Tenant-Doctrine of estoppel as
between.) . 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.) 400 Dicas v. Warne (Attorney-Motion to strike an attorney off the roll for hiring sham bail in error.) . . . . . . 471 Practice thereon . .
. 470 Doe d. Brittlebank v. Roe (Ejectment--Service of declaration, &c.
on a daughter of the tenant.) . Dunne v. Harding (Practice-Concurrent writs into different coun
ties.) . . . . . . . . . . 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 es
topped 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.) . . 448 Humphrys v. Harvey (Attorney - Defendant's attorney having
omitted to cause his name to be inrolled, plaintiff at liberty to
discontinue without costs.) . . . . . . . 500 Kirby v. Siggers (Practice Penalty imposed by the Court for improperly dealing with records.)