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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 relaxation 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, er 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.
Warren v. United Ius. Co.-Hallett ads. Faugier.--&c.
3d. The writ must be allowed in open court, and is not of itself a supersedeas.
4th. The proper process to bring in the party, is by venire facias, where he is not in actual custody.
51h. Where there is a recovery against two, and one is surely merely, and the plaintiff agrees that the surely shall have the benefit of the judgment as against the other, he is entitled to the lien in equiry.
6th. The granting a supersedeas, is in the discretion of the court, and under such circumstances is refused.
WARREN against UNITED Ins. Co.
A verdict set aside as against evidence on the question of seaworthiness.
HALLETT ads. FAUGIER.
An adjustment on a policy subscribed by the defendant, is, prima facie, enough to entitle the plaintiff to recover.
2d. It may be rebutted on the ground of fraud or mistake.
JUHEL &c. against CHURCH.
On a wager policy, whether by our law valid or not, the premium cannot be recovered back. If valid, it ought to be kept, if unlawful, portior est conditio possidentis.
Sleght v. Kane.-Hotchkiss ads. Gilbert.-— Tylee ads. His Creditors.—&c.
Administrators of Sleght against Kane.
All acts of belligerent parties, not affected by subsequent treaty, are to be deemned lawful and valid, at the close of a
2. Defendant is liable to pay his debts, although his property was confiscated.
HOTCHKISS ads. GILBERT.
JUDGMENT on bail bond refused to be set aside, being taken with full notice to the defendant, and a year having elapsed. The defendant comes too late to inquire into its regularity.
TYLEE ads. His CREDITORS.
A prisoner applying for relief, under the act for the relief of debtors, &c., is not liable to be personally examined on oath in court. It is enough if he takes the general oath prescribed by the act.
JACKSON against Davis.
An attorney who was insolvent and confined in jail, changed, on condition that the costs due him be paid.
People v. Pell.-Dole v. Bull & Porter.-&c.
PEOPLE ex rel. Young against Pell.
A mandamus in the alternative, granted to the surrogate of Westchester, who had refused to deliver the seal and his books to his successor.
DOLE, Sheriff, against Bull & PORTER.
1st. A bond at common law, conditioned that a prisoner should remain a true and faithful prisoner in the jail, is valid and not a bond for ease and favor within the statute 230 H. 6, c. 10.
2d. But a bond against escapes, which implies a permission to escape on being indemnified, has been held void, &c.
RENDTORFF & MOLLER against SANDS.
The act of congress of the 13th June, 1798, prohibits any ship or vessel coming from France or its dependencies, from an entry, as well as French or American ships.
BAREWELL against UNITED INs. Co.
Deer skins are not within the general memorandum in a policy respecting perishable articles, when in the same memorandum skins are warranted free from average under 7