Rosevelt v. Crammond-Whitaker v. Cone.-Edens v. Gilbert.-&c.

vacated, and the parties be left in statu quo as to the claims of the assignee. The court will thus take notice of the rights of an assignee.

ROSEVELT ads. CRAMMOND.

MOTION to set aside an inquest because by mistake the defendant's attorney did not suppose there was a defence, refused, there being no advantage taken by the plaintiff.

WHITAKER against CONE.

PLAINTIFF, an insolvent, being discharged pending the suit, the accruing costs included in a subsequent judgment of nonsuit, are recoverable from him on the principle decided in the case of Frost v. Carter, ante.

EDENS ads. GILBERT.

A feigned issue awarded to try the fact of usury, a judgment having been entered by confession on a warrant of attorney, accompanying the bond, &c.

HADDEN ads. JOHNSON.

POUNDS, &c., instead of dollars, alleged in the narr. no error, and not within the act on this subject. The judgment

Cascaden, an Insolvent, &c.-Church ads. Kane.-Norton ads. Calkin.-&c.

must be in dollars and pounds, are not an unknown money of account like foreign money, and the court will ex officio take notice of the value in rendering the judgment.

CASCADEN, an Insolvent, &c.

A discharge of one of two partners as an insolvent, singly, relates to his private debts and credits only, and does not discharge him from partnership debts.

CHURCH ads. KANE.

ON proof of a notice sent by the mail, in season, by defendant's attorney, and of merits, ordered a regular judgment to be set aside on payment of costs, and the usual terms as to pleading, &c. Defendant was in custody. Vide Lambert ads. Dillingbach, post..

NORTON ads. CALKIN.

A bail bond suit suffered to proceed after a settlement by the parties, on condition of defendant paying costs, until the costs be paid.

GOUV. OGDEN

Admitted as an attorney under the old rules, his clerkship

Green ads. Milns.-Seaman v. Haskins.--Forman ads. Williamson.

having commenced before, and an occasional interruption of it is not material, the study of the law not being relinquished.

GREEN ads. MILNS and others.

WHEN the principal is arrested on a ca. sa., bail are discharged and must plead it, and are not to be relieved on motion.

2d. 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; it operates only on the rights of the plaintiff.

SEAMAN against HASKINS.

MOTION to withdraw a demurrer and reply after judgment pronounced and entered in the minutes, and a term elapsed, too late; if made before judgment entered, it would be allowed if the demurrer was not frivolous.

FORMAN ads. WILLIAMSON.

A suit was brought against the special bail, who were about to surrender their principal, and were induced to stop by information received from plaintiff's attorney; before the next term the principal died, and the bail relying that they were not to be injured by the delay, an enoneretur was ordered on payment of costs.

United Ins. Co. ads. Franklin -Small 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.

SMALL ads. PEARSALL.

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.

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 not agree. 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 afterwards 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.

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