Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

2. Defendant is liable to pay his debts, although his property was confiscated.

Sleght v. Kane, 497. S. C. vol. 2, p. 236.

II. Dower right of wife of attainted person.

3. Attainder of the husband, not a forfeiture of the widow's dower.

Palmer v. Horton, 425. S. C. vol. 1, p. 27.

III. Proceedings in cases of.

4. A conviction and attainder in pursuance of the act of the 22d October, 1779,

considered as a statute attainder.
Strictness in the name of a person so attainted not necessary. Legislative

proceedings are not subject to the ordinary legal rules.
The rule in such cases is, that an incomplete description may be aided by

proos, but a false or repugnant description cannot.
An intermediate name omitted is therefore not material, if the identity of

the person be proved.
Quere, whether a person can legally have more than one name of baptism ?
(Vide Shep. Touch. 236, against it.)

Jackson, ez dem. St. Croix v. Sands, 491. S. C. vol. 2, p. 267

ATTORNEY.

I. Cannot act merely as Agent in a Suit.
II. Privilege.
III. Service of Notice of Death of.

I. Cannot act merely as Agent in a Suit.

1. An attorney cannot act as agent for a party without appearing as his at-
torney. To appear as an agent is improper conduct.

Heyers v. Denning, 431. S. C. vol. 1, p. 193.

II. Privilege.
2. An attorney's relinquishing practice for one year, will oust him of his privi-

lege. Brooks v. Patterson, 472. S. C. vol. 2, p. 102.

III. Service of Notice of Death of.

3. Where the attorney of a party dies, actual notice or warning must be given

to him to appoint another attorney. A notice put up in the clerk's office,
or a notice of the proceedings in the cause, is not sufficient.

Hildreth v. Harvey, 300. Cases and authorities, 301, n. (a.)

See Costs. PLEAS and PLEADINGS. PRACTICE.

AUCTION.

1. The land of A. was advertised for sale by the sheriff on an execution

against A., at the suit of B. C. who had purchased the land without know-
ing of the judgment and execution, agreed with B. who attended the sale,
that if he would not bid against him he would pay B. the amount of his
execution, and give him his note for the further sum of 150 dollars, and B.

acceded to the terms and desisted from bidding.
In an action on the note against C., by the second endorsee, to whom it

had been negotiated, after it became due and with a knowledge of the cir-
cumstances, under which it was given, it was held that the consideration
of the note might be inquired into; and that the consideration being un.
conscientious, and against public policy, the note was void.

Jones v. Coswell, 29. Cases and authorities, 34, n. (c) and (d).
2. What bidding illegal, p. 32, n. (6.)

AVERMENT.

See PLEADING.

AUDITA QUERELA.

Waddington v. Vredenburg, 495. S. C. vol. 2, p. 227.

AUTHORITY.

1. A person who signs a note in the name of another, as his attorney, with-

out any authority for that purpose, is personally liable on the note, to the
party who accepts the note, under such mistake or imposition.

Dusenbury v. Ellis, 70, 532. Cases and authorities, 71, n. (a.)
2. An agent cannot bind his principals in a joint contract with another. If

he make such contract, he is personally liable, as in the case of Dusen-
bury v. Ellis, p. 70. Cottrel v. Thorn, 544.

BAIL AND BAIL BOND.

I. Exception to Action on Bail Bond.
II. Exoneretur.

1. Where principal discharged as a bankrupt.
2. Where discharge obtained within the 8 days of grace.
3. Order to show cause why it should not be enteredo

4. Upon surrender.
III. Proceedings against Bail.

1. Laches of Bail.
2. Bail are not especially favored.

3. Pleadinga.
Vol. III.

90

IV. Relief to.
V. Costs in actions against.

I. Exception to Action on Bail Bond.

1. Judgment on bail bond set aside, because plaintiff had not in time excepted
against the special bail before the suit was brought.

Ferris v. Phelps, 446. S. C. vol. 1, p. 249.

II. Exoneretur.

1. Where principal discharged as a Bankrupt.
2. The principal being discharged as a bankrupt, the court will order an ex-
oneretur on the bail piece without a surrender.
Ingraham ads. Kanes, 521. S. C. vol. 2,

p. 403.
2. Where discharge obtained within the 8 days of grace.
3. If the discharge be obtained within the 8 days of grace, the court will order
an exoneretur, on payment of costs.

Kancs v. Ingraham, 521. S. C. vol. 2, p. 403.
3. Order to show cause why it should not be entered.
4. A judge at his chambers may make an order sedente curia to show cause
why an exoneretur should not be entered.

Strang v. Barber, 461. S. C. vol. 1, p. 329.

4. Upon surrender.
5. The surrender before him previous to such order, if within the 8 days of

grace, is in time. Strang v. Barber, 461. S. C. vol. 1, p. 329.

III. Proceedings against Bail.

1. Laches of Bail.
6. After judgment on sci. fa. against bail and execution issued, and two

terms intervene they come too late to object that the Sci. fa. did not lay 4
days in the sheriff's office.

Jones v. Dunning, 485. S. C. vol. 2, p. 74.

2. Bail are not especially favored.
7. Motion to set aside a default on an affidavit of merits, and on the ground

of neglect of pleading occasioned by urgent business, denied. Although
it be a case of bail when they mean to defend by plea to the merits and
not to surrender, they are not favored.

Gorham v. Lansing, 469. S. C. vol. 2, p. 107.

3. Pleading s.
8. A person sued as special bail allowed by plea to traverse the fact that he

is not the same person, although of the same name and description.

The plea averred that there was another of the same name, &c. who became

the bail, and that the defendant was not the same, &c., the fact that there
was not another of the same name; held, not material after issue and
verdict. Reonard v. Noble, 511. S. C. vol. 2, p. 293.

IV. Relief to.

9. 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. Tredwell v. McKeel, 517.
10. On bail bonds, the equitable power of the court arises only after the con-
dition is forfeited, and will not before be exercised.

Bird v. Mabbit, 423. S. C. vol. 1, p. 31.
11. A discharge of bail on payment of costs is a condition which they must
offer to perform, without waiting for a demand or tender of a bill.

Cathcart v. Cannon, 443. S. C. vol. 1, p. 220.

V. Costs in actions against.

12. A suit on bail bond allowed to proceed to compel the payment of costs

agreed to be paid upon a settlement between the parties, and the defend-
ant, having since pleaded to the action on the bail bond, and suffered a
considerable time to elapse, will not interfere, if he was originally entitled
thereto.

Campbell v. Grover, 468. S. C. vol. 2, p. 105.

See HOMINE REPLEGIANDO. PRACTICE.

BAILMENT.

Degree of Diligence required of Bailee.

1. An agent receiving a bill of exchange as bailee from another, to be cred-

ited to his principal in other transactions, or to return the bill, is liable for
the amount of the bill if such credit be obtained, and the means of paying

it pass through his hands.
2. A general bailee is bound to use a degree of diligence and attention ade.
quate to the trust reposed in him, and according to its nature.

Rutgers v. Sweet, 478. See Rutgers v. Lucet, vol. 2, p. 92.

BANK OF THE UNITED STATES.

Whether the act incorporating the president, be public or private, it is not
necessary to be set forth. So held on demurrer.

Bank of the United States v. Haskins, 435. See S. C. vol. 1, p. 132.

BANKRUPT.

Effect of Discharge on liability of Bail.

A release of the prisoner by the sheriff, in consequence of a discharge by the

bankrupt law of the United States, will not renew the responsibility of the
bail ; il operates only on the rights of the plaintiff.
Milns v. Green, 503. S. C. nom. Milner et al. v. Green, vol. 2, p. 283.

BIDDING AT AUCTION.

See AUCTION. SALE AT AUCTION.

BILL IN CHANCERY.

See CHANCERY.

BILL OF EXCHANGE_PROMISSORY NOTES-

CHECKS.

I. Nature of Checks.
II. Duties of holder.
III. Construction of "months after date.
IV. The Consideration.
V. Of the Drawer of a BillLiability of one who

draws in the name of another.
VI. Presentment and Demand.

1. When to be made.

2. Where to be made.
VII. Notice of non-acceptance or non-payment.

1. When given by agent.
2. What will excuse.
3. Efect of failure to give.
4. Waiver of.
5. Form of notice.

6. When transmitted.
VIII. Rights of Endorser under Insolvent Acts of 1788,

1819, and Revised Statutes.
IX. Damages on protest of.
X. When payment of a precedent Debt.
XI. Usury in.
XII. Construction of Act of July 6, 1797, laying Duty

on Stamped Paper.

« ΠροηγούμενηΣυνέχεια »