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 judgment 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. Brevoort.-&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 George 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 ED. 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.

Palmer qui tam. v. Doney.-Jackson v. Cuerden.-&c.

PALMER, qui tam, against DONEY

1st. THE supervisor is an essential member of the board of commissioners, to grant excise, and no board can be formed without him, and he must convene them.

2d. Where the 1st March is the time the former license expired, and there is no meeting till 8th April following to grant new licenses, an innkeeper may till that time act under the former license, ex necessitate, without incurring a penalty.

JACKSON ex dem. VIELY and CLARK against CUERDEN.

1st. An offer or request to be considered, the tenant of the lessor not accepted or answered, does not create a tenancy, or the relation of landlord and tenant, the defendant then and before holding under a different right.

2d. The written acknowledgment of the defendant that the land belonged to lessor, is prima facie evidence of a right to recover; but such acknowledgment may be explained, &c., by defendant, and shown to be founded in mistake.

VAN SCHAICK against EDWards.

1st. Usury may exist in a security for a pre-existing debt. 2d. An executory contract for the sale of land in Massachusetts; the land lying here, and one of the parties residing here, and the title retained as a security, and the parties having an express view to the interest of this state, will not be usurious, although more than Massachusetts interest was reserved, but not exceeding New-York interest.

Mayell v. Potter.-Barnard v. Wilcock.-D'Hart v. Covenhoven.

MAYELL against POTTER.

1st. A master of a vessel, or person transporting goods for hire, must deliver them according to his bill of lading or

contract.

2d. The usage of the trade is also to govern.

3d. He is to make reasonable inquire for the consignee, and if not to be found, to store the goods.

4th. A doubtful or blind description of the name or person intended as the consignee shall not injury the carrier if he act upon it with good faith although he commit a mistake.

BARNARD against WILCOCK.

IN assumpsit for goods sold, it is not necessary to set forth the particular firm under which the plaintiff trades.

D'HART against COVENHOVEN.

1st. Reference refused, because by an opposite affidavit, questions of law will arise.

2d. No counter affidavits as to such questions can be received.