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Wemple v McDougall. --McGourek v. Armstrony. --&c

WEMPLE, et al. against McDougall.

In ejectment, a new demise by a new lessor was allowed to be added, the defendant having leave to withdraw his plea, and if he elect to do so, the plaintiff to pay the costs of it.

McGourck against ARMSTRONG.

A sheriff must have 20 days notice of a rule to show cause why an attachment should not issue against him.

Van Loon against DRIGGS.

An attorney being employed for defendant after interlocu. tory judgment entered, is entitled to notice of executing the writ of inquiry..

BALLARD and another, Manucr. ads. KiBBE. et al.

Wher special bail are sued jointly, a surrender hy one is good for both, and both have time to surrender until both are deprived of the right, but when sued separately, each may be fixed or discharged separately.

Woodman ads. Little.—Pepoon ads. Jenkins.-&c.

JULY TERM, 1790.

WOODMAN and others ads. LITTLE.

On sci fa. quare exec. non there must always be 15 days between the teste of the first, and the return of the second sci. fa.

PEPOON ads. JENKINS.

The want of a clerk's signature to a writ amended on payment of costs.

The People against JUDGES of WESTCHESTER.

Mandamus allowed for not permitting a plaint to be filed nunc pro tunc after error brought.

Wisner and others against Wilcocks and others.

In ejectment, a landlord having privity of interest, though not in the receipt of rent, allowed to defend jointly.

BERRY against Ellis and others, Assignees, &c.

A loss of trial merely where the plaintiff

' has not been vigilant, will not prevent bail to the sheriff from being re

Bird v. Murray.-Suydain v. McCoon.—Child v. Murray.-&c.

lieved. They will always be relieved in the term at which the writ against them is returnable.

Bird and others ads. MURRAY and others.

A PETITION to remove the cause to the federal court is in season at the term when bail are perfected after an exception by the plaintiff.

SUydam against McCoon.

A Venditioni exponas amended after a sheriff's sale.

Child against MURRAY.

INTEREST allowed against bail from the time of the expiration of the 8 days of grace to surrender.

JANUARY TERM, 1799.

CANNON ads. CATHCART.

Bail are entitled to a committitur against their principal who is in jail, charged with a felony.

McNealy ads Morrison. -Holcomb ads. tramillon.--&c.

McNealy ads. Morrison.

Plaintiff's attorney receiving notices from different attornies for defendant ought to insorin the second of the first notice to prevent surprise.

HOLCOMB ads. HAMILTON.

On error coram vobis, an amendment suggesting the death of one of the defendants, pending the original action allowed on payment of costs.

Church ads. Classon and STANLEY.

Where there are several actions on one policy, the court will grant imparlances until the plaintif's enter into the consolidation rule, and the English consolidation rule is intended. No favor (as to examine witnesses de bene esse) will be granted till this be done.

CARD ads. FITZROY.

On every special motion, a copy of the affidavit on which it is founded must be served on the opposite party.

Gillet ads. Wilde.-Herring v. Tylee.-Williams ads. Bales.-&c.

GILLET ads. WILDE.

Every motion for a nonsuit must be made the term after the default. Plaintiff may, after the first default, stipulate, and if he account for it, shall not be bound to stipulate.

Herring against TyLEE.

INTERROGATORIES answered by a sheriff upon an attachment allowed to be amended, to obtain a more sull answer to the same matter.

WILLIAMS ads. BATES.

Notice of a petition under the act for the relief of debtors, &c., where the plaintiff (the creditor resided out of the state,) served on his attorney in the suit, held sufficient.

MABBIT and others ads. BIRD, Assignee, &c.

On bail bonds, the equitable power of the court arises only after the condition is forfeited, and will not before be exercised.

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