Conklin v. Hart.-Heyers v. Denuing.-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.

Waters 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.

HUSTED, an enlisted Soldier.

THE Soldier was detained in custody by a captain claiming him to be enlisted under the authority of the United

Thaver v. Ryers.--Matter of Gephard.—Oakley v. Farrington.

States, and an application for a habeas corpus refused by Kent and Radcliff, on the ground that if the fact stated were returned to the writ, it would be conclusive against his discharge, by Benson, on the ground that the court had no jurisdiction.-Lewis and Ch. J. contra.

THAYER against RYERS.

A reference in the penal part of a bond to and for the payment of the penalty, according to the condition of a mortgage when the condition of the bond itself was special for the same purpose, rejected as surplusage, but a demurrer ou that ground allowed to be withdrawn.

Matter of GEPHARD.

AN application to restore an attorney to his office in the common pleas of Delaware, denied on the ground that the cause of his removal was not stated nor shown to be improper.

OAKLEY against FARRINGTON.

THESE words in slander "Squire Oakley is a damned rogue," held not to be spoken of the plaintiff in his character of a justice, and therefore not actionable.

Main v. Prosser.-James v. Badgers.-Cautilion v. Wilde.-&c.

MAIN against PROSSER.

A justice has no jurisdiction in case for a malicious prosecution.

JAMES against BADGERS.

NOTICE of non-payment to the endorser of a note general ly where part was paid, held good.

CANTILLON ads. WILDE.

TENANT at sufferance cannot maintain trespass against his landlord.

BANK U. S. against HASKINS.

WHETHER the act incorporating the president, &c., be public or private, it is not necessary to be set forth. So held on demurrer.

TOWLE and JACKSON against STEVENSON.

AN agent to collect money on a bill of exchange, although in the first instance rendered liable by his misconduct, held to be discharged by the principals adopting his acts, &c.