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Dole v. Moulton and others --Allen ads. Richardson—&c.
DOLE against Moulton and others.
1st. Sheriff's poundage is part of the sum for which a prisoner is confined in execution.
2nd. A condition of a bond for the privilege of the liberties within the terms of the act, though not to the extent of those terms, is good.
3d. An accidental stepping over the line by a prisoner, like a negligent escape and recaption, is not a breach of the condition, unless the sheriff be thereby damnified.
4th. Quære, whether the sheriff is bound to take such bond ?
ANNIN ads. RICHARDSON.
DEFENDANT was sued as sheriff, and obtained a nonsuit. The regular mode to entitle him to double costs is to obtain a certificate from the judge who tried the cause and not by suggestion.
EXECUTORS OF MAHANY against FULLER.
EXECUTORS recovering under £10 in this court are not entitled to costs, nor are they bound to pay costs.
Sebor ads. Huskius.-Hallet and otliers aus. Nixon.-Burr v. Skinner.--&c.
SEBOR ads. HASKINS.
Motion for a nonsuit after a stipulation to try the cause, denied, because a term had elapsed since the plaintiif's default happened, but plaintiff was required to stipulate anew.
HALLET and others ads. Nixon.
The absence of a material witness, who was expected to return, admitted, after a stipulation, as an excuse for not going to trial.
Burr against SKINNER.
LEAVÉ was given to the plaintiff to proceed to trial after nine months had elapsed since the defendant obtained a commission to St. Domingo, which was not returned.
BOGERT ads. McDONALD.
Damages in the narr. increased from $600 to $1200, on payment of costs, and allowing the defendant to plead de
No bail was entered ; if it had been, the court would protect the bail against the increased sum.
Bleecker ads Hale.-Jackson ex dem. D'St. Croix v. Sands.-&c.
BLEECKER ads. Hale.
1. Negligently driving a horse, whereby the horse of another was injured is a good ground of action.
2nd. A question upon the evidence too nice for the court to interfere.
Jackson er dem. D'St. Croix against Sands,
Ist. A variance in the name of a party to a deed is not fatal ; it is matter in pais, and a subject of proof.
2nd. A conviciton and altainder in pursuance of the act of the 224 October, 1779, considered as a statute atlainder.
3d. Strictness in the name of a person so attainted not necessary. Legislative proceedings are not subject to the ordinary legal rules.
4ih. The rule in such cases is, that an incomplete description may be aided by proof, but a false or repugnant description cannot.
5th. An intermediate name omitted is therefore not material, if the identity of the person be proved.
Quære, whether a person can legally have more than one name of baptism? (Vide Shep. Touch. 235, against it.)
HARNEY, who, &c. ads. HildreTH.
A rule regularly entered at the last term refused to be set aside on account of the accidental absence of the opposite attorney
Elmendorf ads. Lewis -Cooley ads. Jackson ex dern. Ld Southampton--&c.
ELMENDORF ads. Lewis.
The privilege of a member of congress from arrest, does not extend farther than during the period of his actual attendance there, and his actually going to and returning from the resider.ce of congress.
COOLEY ads. JACKSON er dem. LORD SOUTHAMPTON and
A VERBAL agreement to take a lease from the lessors not carried into execution, is not sufficient evidence of seisin.
2nd. An antecedent title out of the plaintiff is also a bar to the action.
Fobes against FRARY.
It is unreasonable for referees not to grant a delay of one day for further proof, and the report therefore set aside.
GRIFFIN ads. IRVINGS.
A sheriff who has been obliged to pay the debt in conse. quence of an involuntary escape, has a right to retake and detain the prisoner, and turn him over to a new sheriff for his indemnity, and the new sheriff must keep him.
Brown ads. Jackson.-Brower ads. Lawrence.-&c.
BROWN ads. JACKSON.
1st. Four days in term are allowed to apply for a commission.
2d. The affidavit of the attorney will be received for that purpose, in the absence of the party.
BROWER ads. LAWRENCE.
A verdict refused to be set aside on the ground that the action was commenced before the debt was due, the defendant is too late after having pleaded in chief as was decided in Crygier v. Long, ante.
Thorn against Beebe.
PROCEEDINGS on a distringas against a sheriff, ordered to be staid, on the ground that the affidavits as to the amount of the property levied on the fi. fa. are contradictory, and ought not to be determined in a summary way on motion. The sheriff was ordered to make a full return to the fi. fa. and the plaintiff lest to sue him for a false return.
HILBURN and Coon against Philips.
The objection that a Justices Court is unconstitutional, overruled on certiorari.