Shepherd ads. Case.-Tunno & Cox v. Lague.—Kelly v. Harison.

SHEPHERD ads. CASE.

1st. The delivery of a habeas corpus or certiorari suspends the proceedings of an inferior court.

2d. If such courts exceed their powers, they become trespassers.

3d. The proceedings in forcible entry and detainer are not within the act requiring bail, &c.

4th. In trespass, probable as well as actual damages may be recovered, but if attended with an ouster, there must be regress or re-entry, otherwise damages for the first entry only can be recovered.

5th. Verdict set aside, but the court said if the plaintiff would accept nominal damages only, they would give him judgment.

TUNNO & Cox against LAGUE.

It is generally sufficient for the agent of the holder of a foreign bill of exchange, to transmit notice of non-payment to his principals, and they to the drawer, and if it be thus conveyed in reasonable time, it is regular.

2d. The prevalence of the fever in New-York in 1798, admitted as an excuse for not giving immediate notice of nonpayment.

KELLY, widow, against HARISON.

IN dower. The demandant had always been a British subject and resided in Ireland; her husband an American before the revolution; adjudged that she may recover dower

Loomis & Tillinghast v. Shaw.-Sherwood ads. Gifford.-&c.

on all the lands whereof her husband was seised before the

LOOMIS & TILLINGHAST against SHAW.

POLICY on profits. A loss of the goods happened, and 5-8 of them were restored. The plaintiffs abandoned, held that they could recover but 3-8, and could not abandon when their chance of profits on the 5-8 remained. There cannot be a partial abandonment.

SHERWOOD ads. JACKSON er dem. GIFFORD.

1st. Government may grant when out of possession, but the grantee cannot convey to another.

2d. A construction of the Hosick Patent in relation to the premises in question.

PERCIVAL against JONES.

UNDER the £10 act, the justice, if he issues an execution against the person, does it at his peril, unless requested by plaintiffs, and if improper will be a trespasser. If done at the plaintiff's request, the latter will alone be the trespasser. A justice becomes a trespasser by an excess of power exercised by him as well as for the want of it.

Allaire v. Ouland-Whitaker v. Cone--Sweet ads. Rutgers and others.

ALLAIRE against OULAND.

1st. Plaintiff suing as attorney, is not bound to produce the attachment of privilege alleged in his narr. It was an impertinent averment, and not merely immaterial. The dis⚫tinction between impertinent and immaterial averments.

2d. An original promise to indemnify against an act to be done, is not within the statute of frauds.

3d. The act of a servant in entering the locus in quo of another, by order of the master, is not illegal as against the

master.

4th. On a promise of indemnity, the suffering judgment by default, after notice of the suit to the promissor, is no objection.

5th. After verdict, a mistake in dates in the narr. is not essential.

WHITAKER against CONE.

A note for the purchase of Susquehanna lands, under the Connecticut title, received by the plaintiff with notice of the consideration held illegal, in the hands of such plaintiff according to the case of Dole ads. Woodworth, decided in the court of errors in March, 1800.

SWEET ads. RUTGERS and others.

1st. An agent receiving a bill of exchange as bailee from another, to be credited to his principal in other transactions,

Skidmores v. Desdoity.-Rickets v. Livingston-Sable v. Hitchcock.

or to return the bill, is liable for the amount of the bill if such credit be obtained, and the means of paying it pass through his hands.

2d. A general bailee is bound to use a degree of diligence and attention adequate to the trust reposed in him, and according to its nature.

SKIDMORES against DESDOITY.

1st. "Lawful goods" include contraband.

2d. "Against all risks," includes the risk of condemnation in a foreign admiralty.

RICKETS and wife against LIVINGSTON, Executor.

1st. A legacy to one who at the date of the will is indebted to the testator, does not extinguish the debt, unless it appear to be so intended on the face of the will.

2d. Indorsements on a bond of the testator, that plaintiff had assumed to pay it, without more, are not enough to charge him, although a legatee with the debt of another.

3d. The acts of the testator, may in some cases, be evidence of a debt against his legatee.

4th. The transfer of a debt is a sufficient consideration for a promise.

SABLE against HITCHCOCK.

AN indenture that a slave shall serve another until both parties agree to vacate the same, is equivalent to a sale.

Fish v. Fisher.-People v. Cochran-Jansen v. Davison.

2d. Executors and persons acting in auler droit, may sell a slave, notwithstanding the act of the 22d February, 1788.

FISH against FISHER.

1st. A slave escaping from another state into this, and afterwards sold here by the master, is equivalent to a "bringing in," in the first instance, and within the act of 22d February, 1788.

2d. A letting to service for 20 years, when the slave was of the age of 25, &c., is a sale and an evasion of the act.

PEOPLE against COCHRAN.

DEFENDANT was found guilty of an assault and battery, and the attorney-general moves for judgment, but shows no circumstances attending the offence. A nominal fine of $1 only was imposed.

JANSEN, administrator, against DAVISON.

PLAINTIFF, administrator, recovered in the common pleas of Ulster, a verdict under $25, and that court refused to give judgment in his favor for the costs. Motion for a mandamus denied; a writ of error is the proper remedy.