« ΠροηγούμενηΣυνέχεια »
86. Service of narr. on one of the defendant's family, although at his office,
being an attorney, is not of itself sufficient, and it being denied by his affi-
Saller v. Birdgen, 447. See rol. 1, p. 244.
2. Service required to be made on party.
him with a copy of the narr., and is not bound to do so again on an attor.
3. Service by mail.
entered judgment, and he not denying that he had received the plea, al.
Stafford v. Cole, 465. See vol. 1, p. 413.
Graves v. Hasenfrits, 451. See vol. 1, p. 391.
5. On Attorney.
LV. Stay of proceedings.
and if for want of it, judgment be entered, the motion cannot be heard. If
Case v. Shepperd, 445. See vol. 1, p. 245.
the nature of an arbitration, and the court will not set aside the inquisition,
Sharp v. Dusenbury, 473. See vol. 2, p 117.
2. To try, &c.
a. Waiver of.
term had elapsed since the plaintiff's default happened, but plaintiff was
Ilaskins v. Sebor, 490. See vol. 2, p. 217-91.
3. Costs of.
LVII. Supplemental Afiduvit.
LVIII. Tirne, construction of order, giving.
Thomas v. Douglass, 494. See vol. 2, p. 226.
had departed, a new witness just appeared who had not before attended on
Alexander v. Byron, 515. See vol. 1, p. 318.
LX. Use and occupation.
Gourly v. Shoemakers, 453. See vol. 1, p. 392.
brought on a special agreement, and otherwise in the usual form, granted
in evidence, if it was rescinded, &c. Weaver v. Bentley, 447.
on a general affidavit, the special matter or cause of action must be shown,
&c. and where it arose, &c. Wheaton v. Slossun, 470.
99. In slander. Affidavit by defendant's attorney to change the venue
founded on information from the plaintiff as to the county where the cause
Scott y. Gibbs, 472. See vol. 2, p. 116.
2. Counters Afidavits on motion.
See Supra, Scott v. Gibbs.
3. In Debt.
4. In use and occupation.
and is not local.
LXIV. Writ of Error.
LXV. Writ of Right.
tenant demands the view, and he may be nonsuited for not doing it.
See Infra, Ilaines v. Budd.
103. In a writ of right, a writ of summons to a vouchee being irregularly re-
turned, an alias must issue. Scofield v. Loder, 482. See vol. 2, p. 75.
said to be in the discretion of the court. Haines v. Budd, 458.
LANCE, Justices' Court, MANDAMUS, VENUE.
4. Ne Recipiatur.
Sacket v. Lothrop, 445. See vol. 1, p. 249.
according to notice. Phillips v. Peck, 466. See vol. 2, p. 104.
PRACTICE IN THE COURT OF ERRORS.
On an appeal from chancery.
is a good ground to open a former judgment or decree.
ignorance or pretended surprise, as to a question of law.
its own decrees.
a ground of opening, a judgment or decree, but magnitude alone is not
proceedings, which are of course open for decision here.
to a final decree, if all the merits appear before them.
issue to be tried at law, but in all cases it is in the sound discretion of that
Le Guen v. Gouverneur Kemble, 605. See vol. 1, p 436.
PRINCIPAL AND SURETY.
The privilege of a member of congress from arrest, does not extend farther
than during the period of his actual attendance there, and his actually going
Lewis v. Elinendorf, 492. See vol. 2, p. 222 and 222, n. (a.)
PROMISE OF MARRIAGE.
See Bills OF EXCHANGE_PROMISSORY NOTES-CHECKS.
Where a person is already in office by color of right, the court will not grant
a mandamus to admit another person, who claims to have been duly elected ;
The People v. The Mayor, g-c. of New York, 79.
I. When refused.
I. When refused.
1. Reference refused, because by an opposite affidavit, questions of law will
D'Hart v. Covenhoven, 520. See vol. 2, p. 402.
II. Postponement of meeting of Referees.
Bird v. Sands, 454. See vol. 1, p. 394.