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 ex 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 conviction and attainder in pursuance of the act of the 22d October, 1779, considered as a statute attainder. 3d. Strictness in the name of a person so attainted not necessary. Legislative proceedings are not subject to the ordinary legal rules.

4th. 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.

Quare, 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 dem. 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 residence of congress.

COOLEY ads. JACKSON ex dem. LORD SOUTHAMPTON and others.

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 left to sue him for a false return.

HILBURN and Coon against PHILIPS.

THE objection that a Justices Court is unconstitutional, overruled on certiorari.

Douglas ads. Thomas.--Pepoon ads. Jenkins-&c.

DOUGLAS ads. THOMAS.

1st. A default entered on the day to which the defendant had time to plead, is irregular. It could not be done till the next.

2d. When the venue is changed, it is incumbent on the plaintiff to alter the narr. on file, and the copy delivered or to file and deliver new declarations.

PEPOON ads. JENKINS.

A retaxation of costs ordered to be done by the clerk in open court, and the items that are improper, pointed out by

the court.

HALSTEDS against HASBROOK.

A plaintiff is not objected to submit on trial to a nonsuit by order of a court of common pleas.

BYRON ads. ALEXANDER.

A motion for a new trial because the judge refused a witness at the trial, and every matter objected to on the trial must come up by way of case.

Phelps ads. Ferris.-Spencer ads. Kruysler.-&c.

PHELPS ads. FERRIS.

A mistake in the name of one of the parties by the clerk in entering a former rule, may be amended without notice of the motion.

SPENCER ads. JACKSON, ex dem. KRUYSLER.

A want of notice of taxing costs is irregular, but there having been proceedings on the judgment, the court will not set them aside, but order the costs to be retaxed, and if there be an excess, the plaintiff's attorney must refund it.

VAN RENSSELAER ads. PEACOCK.

A simple contract and the evidence of it, a receipt is not within the act authorizing the clerk to assess damages, and the judgment was for that reason set aside.

APRIL TERM, 1801.

WADINGTON and others against VREDENBURgh.

1st. A feoffee or purchaser of lands is not entitled to an aud. querela quia timet, but is only entitled to sue out this writ, after execution issued against such land.

2d. Assignees of an insolvent viewed as such purchasers.