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United Ins. Co. ads. Franklin -Sinall ads. Pearsall.-&c.

UNITED INs. Co. ads. FRANKLIN.

: A fishing commission not allowed to stay the proceedings; a party must be able to swear that he knows, or is informed and believes there is material testimony.

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Case of a prisoner under the £1000 act. The account of his property must specify the articles. Goods generally will not do.

LEAVENWORTH ads. RUSSEL.

Writ on bail bond was returnable last term, but no trial being lost, the suit was stayed on the usual terms.

Smith, Administratrix ads. NITCHIE.

DEFENDANT was sued in several actions as administratrix for debts of the same grade, and she confessed judgments in some, and pleaded those judgments and nil assets ultra to this action. This was held proper, and a regular judgment having been obtained against her during the sickness of her attorney, and her absence from the state, she was per

Denton ads. People.-Snowden ads. Haskins.- Page ads. Johnson.

mitted to plead and go to trial on the question of assets ultra, but the judgment to stand as a security for such assets, and for assets quando acciderint.

DENTON ads. PEOPLE.

not agree.

On an indictment for a misdemeanor as an inspector of an election, the jury were detained a long time, (- hours) and several times retired and returned to the bar, and could

This appearing to be sincere on their part, the court considered it necessary to disharge them, and did so without the consent of the defendant. Held, it was proper and in the discretion of the court, in the case of a misdemeanor, as in civil cases, and that the defendant was again liable to be tried.

SNOWDEN ads. HASKINS.

Where a defendant gives notice of bail in person, the plaintiff must serve him with a copy of the narr., and is not bound to do so again on an attorney asterwards employed by the defendant. It is different from the case where the defendant himself does not appear, and an attorney is afterwards employed.

Page ads. JOHNSON.

APPICATION to set aside judgment after a term elapsed, without accounting for the lache, is too late. An attorney VOL. III.

75

Gale v. Gale.-Hoffman ads. Tappen.-&c.

being at the time engaged in other business, no reason to set aside an inquest taken against him by default.

GALE, Executrix, against GALE.

An executrix plaintiff who recovered under $250 in consequence of a set off, is entitled to county court costs only.

HOFFMAN ads. TAPPEN.

A DEFAULT was set aside as irregular, because notice of the rule to plead was served before the rule was in fact entered.

Den er dem. COLDEN against CORNELL.

1. WHERE a party claims under the state on a sale of forfeited property, he need not produce the evidences of the title antecedent to the forfeiture, presumptive evidence ought to be received.

2d. A recital in the will of a person formerly owning the premises, that he had conveyed the same to the person attainted, is good evidence, and such conveyance shall be deemed to be in fee. Vide S. C. post.

Murray v. Ringwood Co.-Jackson v. Clark.-King ads. Grim.

MURRAY against The TRUSTEES OF THE RINGWOOD

IRON Co.

The trustess sold all the right of the coinpany in lands, to part of which the title failed; held, that they are not liable to refund the consideration money ; caveat emptor.

Jackson, er dem. RensSELAERS against CLARK.

1. LESSORS claimed as heirs at law and proved a descent to them. On cross examining their witnesses they proved there was a will; held, this did not preclude the lessors from claiming as heirs and it was not incumbent on them to show the will, but it might be shown by the defendant.

2d. The confession of the defendant is good evidence to show under whom he held.

King ads. GRIM.

Case of a prisoner brought up under the £1000 act.

1. Ruled that he may be examined by the creditor after taking the general oath prescribed by the act.

2d. That notice left at the house of the plaintiff is suffici. ent, although it does not appear that he could not otherwise be met with or found.

Benner ads. The People.--Gale v. Gale.--Bostwick ads. Rosekians.—&c.

BENNER ads. THE PEOPLE.

By our act, appeals of felony are abolished. An habeas corpus directed to be allowed by a judge at his chambers.

GALE, Executor, against GALE.

WICKHAM against Gale, Executor.

Executions in both these cases are in the hands of the sheriff of New York, and the money is collected on the first; ordered, that the same be applied to the execution in the second cause.

Bostwick ads. ROSEKIANS, &c.

1. Service of a demurrer on the agent of the plaintiff's attornies, when both attornies lived within 40 miles of each other, is irregular.

2d. A notice in these words “take notice that a rule to plead in the above cause has been duly entered, " is good.

JULY TERM, 1801.

GOODRICH ads. PHELPS.

1. Oyer must be demanded by the defendant and is otherwise not necessary to be given.

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