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Hogeboom ads. Van Ness.—Kenyon, &c. v. Barnes and others.-&c.
HOGEBOOM ads. Van Ness.
Motion to set aside a report, denied, the sum in controversy not being of much value, the transactions of ancient date, and the defendant having slept for more than one term.
KENYON, &c. against BARNES and others.
The venue in debt on a judgment in a county court, changed to the county where it was given.
CHURCH ads. HASBROOK, qui tum.
In a penal action, a regular verdict and judgment for $7000 taken by default, was set aside on the ground of a probable mistake in the defendants' attorney, in not appointing an agent anew by our rules, and of the amount of the penalty recovered, and an affidavit of merits, but on payment of costs.
LATHAM, Assignee, against SLATER and Love.
In error, the question whether a plaintiff in a bail bond suit for a penalty must, after judgment, assign breaches, &c. not decided. Nothing more appearing than the entry of the judgment, there is no error.
Reedy.v. Seixas.—Byron ads Alexander.-&c.
REEDY against SEIXAS.
A promissory note in the body of it expressed $1216 50, at the foot in figures $1216 52. Notice was given to the endorser according to the cents at foot; held, that it was properly submitted to the jury to determine whether the same note was intended and understood by the endorser.
BYRON ads. ALEXANDER.
After the proofs were closed on both sides at the trial, and the witnesses had departed, a new witness just appeared who had not before attended on the part of the defendant, but he was refused to be examined, and the refusal held to
proper, and to rest in the discretion of the court.
HILDRITH against Becker and HARVEY.
NARR. against two jointly under the act. The plaintiff declared against “Becker and Harvey being in custody, &c. and the said Becker being returned not found;" on a special demurrer, it was held well enough, and that Harvey shall be taken to be in custody, and the other being stated to be returned not found, is sufficient.
Miller v. Drake.--Corporation of New York v. Dawson.-&c.
MILLER against DRAKE.
Neither party on a certiorari can call on the justice to amend his return. It may be done at the instance of the jusice himself, to correct a mistake, &c.
CORPORATION OF New York against Dawson.
1. An action for use and occupation is founded on the privity of contract, and is not local.
2d. The venue being laid in New York, is not of course to be changed on account of the supposed influence of the plaintiffs.
CUYLER against CUYLER.
Where a motion for leave to bring a sci. fa. on a judg. ment is requisite, notice of the motion is also necessary. Rule to show cause refused.
DURLING ads. RATHBONE.
Notice to set aside a verdict for irregularity without stating wherein it consists, and without an affidavit accompanying it, is too general.
Todd ads. Hobson.--Sayer and Herd ads. Brovoort.-&c.
Todd ads. HOBSON.
It is not a case proper for a reference within the act, when the accounts will arise collaterally, and are not the immediate object of the suit.
SAYRE & HERD ads. BREVOORT.
Covenant is a transitory action.
2d. The residence of witnesses in another county is not a sufficient cause to change the venue.
McKeel, and others, ads. TREDWELL.
A defendant on a bail bond suit, may at all times discharge himself by paying the debt and costs in the original suit, and the costs of the bail bond suit.
In partition between NewKIRK, and others.
RULE to show cause why a mandamus should not issue to the Common Pleas of Ulster, granted to restore certain proceedings which they had vacated in partition.
Seezie ads. Hathaway.-Case of Goorge Peters.-&c.
SEEZIE ads. HaTHAWAY.
A judgment taken by cognovit on a bond conditioned for the payment of money only, with a warrant to confess judgment, when in fact it was intended as a security for the good behaviour of a prisoner to a sheriff, was set aside. If such bond be good, the warrant is void.
Case of GEORGE PETERS, a Brothertown Indian.
A Brothertown Indian is amenable, for the murder of his wife, to our law.
Note-It was formerly considered that the Oneida Indian was not, for a crime committed against one of his tribe.
PEOPLE against Ep. THOMPSON.
An order soliciting a favor and not importing a right in the drawer to make it, and a duty in the drawee to pay, is not an order for money and within the act and indictable as a forgery.
OCTOBER TERM, 1801.
JACKSON ex dem. STAATS against CAREY.
A construction of the Springfield patent, for which vide the opinion.