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Sleght v. Kane. Jackson v. Dunsbaghs.-Fleming v. Tyler.

Sleght, Administrator, against Kane.

In consequence of the Statute 21st March, 1783, suspending the Statute of limitations, during the war and the Statute 26th February, 1788, saving the plaintiff's right of action where the defendant was out of the State, a person within the lines of the enemy, during the war, and departing with them out of the jurisdiction of the State, at the close of it, was deemed during the war, and during such departure, to be out of the State, and therefore not protected by the limitation.

JACKSON, et dem. TROWBRIDGE and wife against Duns

BAGHS.

SEVERAL instruments or deeds of the same date, and relating to the same subject, construed as parts of one assurance, and a deed in consideration of 10s. made by a father to his son, held to be a covenant to stand seised to the use of the grantee.

FLEMING Executor, against TYLER.

A PLAINTIFF executor, nonsuited for a variance in date from the writing declared upon, not liable to costs.

White ads. Spencer.--Phelps ads. Stafford.- The People v. Townsend.

WHITE ads. SPENCER.

On a recovery under £20, the defendant's costs were allowed to be set off against the sum recovered.

Phelps ads. STAFFORD.

On a mistake in serving a notice as to the residence of defendant's attorney, (in a degree owing to himself,) the proceedings of plaintiff were set aside, but costs to abide the event.

THE PEOPLE against TOWNSEND.

AFTER a conviction of perjury at the Dutchess oyer and terminer, and reported by the presiding judge to be against evidence, a new trial was directed, and the judge at the next oyer and terminer, to communicate the opinion as the award of a new trial, must there be made. The proceedings brought up by certiorari, were not received, and ordered to be returned. If filed, they could not be returned, but the case would have to be tried at the Circuit by nisi prius. In a capital case, that probably could not be done. Benson added, such certiorari ought only to be allowed in open court.

Conklin v. Hart.—Heyers v. Denving.-Cornell v. Allen.-Murray v. Smith.

CONKLIN against HART.

A COMMISSION granted to examine aged witnesses in the country before a commissioner of this court. It may be done at any time after suit brought.

HEYERs against DENNING.

An attorney cannot act as agent for a party without appearing as his attorney. To appear as an agent is improper conduct.

CORNELL against ALLEN, &c. An attorney for a defendant, proceeding after defendant had settled the suit with plaintiff's attorney, ordered to pay the costs.

Murray against SMITH.

On a removal by habeas corpus, the plaintiff declared before the defendant appeared and obtained a procedendo for not appearing, he can have no costs for the declaration in this court, it being premature.

Le Conte v. Pendleton.--Baker ads. Burns. -Pendleton ads. Le Conte, &c.

LE CONTE against PENDLETON.

Nul tiel record and nil debet, to debt on a judgment in another state, cannot be pleaded together.

JULY TERM, 1799.

BAKER ads. BURNS.

An inventory under the act for the relief of debtors, &c. must be stamped.

PENDLETON ads. LE CONTE.

An inquest taken after notice of an intended application for a commission given in time, set aside.

HASkins ads. GRISWOLD. Motion to withdraw a frivolous demurrer, and to plead, on an affidavit of merits, denied.

SWARTWOUT ads. GELSTON, Assignee, &c.

Notices are to be served,
1st. On some person in the office.

Walors ads. People.- McKinly & Co.-Jackson v. Dunlap --&c.

2d. If no one be there, then on some person in the house where the office is kept.

3d. If no one be there, then they may be left in the office.

Waters ads. People.

A sheriff is not liable for a contempt in not acting on process delivered to his deputy, unless it appear to have come to his hands.

McKINLY & Co., Absent Debtors.

A SUPERSEDEAS to an attachment under the absconding debtor act, being allowed on the ground that the debt had been paid by a surety, was set aside, and the attachment allowed to proceed for the benefit of the surety.

JACKSON ex dem. McCrea and others against DUNLAP.

A deed for land executed and acknowledged by the grantor, but retained by him by consent of parties as a security for the consideration, held not to convey the title because there was no actual delivery nor acceptance of the deed.

Husten, an enlisted Soldier.

The soldier was detained in custody by a captain claiming him to be enlisted under the authority of the United Vol. lll.

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