Ingraham ads. Kanes.-Ferris ads. Burrell.-Shufelt ads. Hodges.

INGRAHAM ads. KANES.

1st. The principal being discharged as a bankrupt, the court will order an exoneretur on the bail piece without a surrender.

2d. A suggestion of fraud by the plaintiffs, and an offer to try the validity of the discharge, is not enough to prevent this.

3d. If the discharge be obtained within the 8 days of grace, the court will order an exoneretur, on payment of

costs.

FERRIS ads. BURRELL.

A regular judgment ordered to stand as security, and the defendant aliowed a defence on a probable mistake in serving a notice of his attorney, and on swearing to merits and submitting to terms.

SHUFELT ads. HODGES.

On a bond in the penalty of $500, conditioned to perform covenants; on the trial, the plaintiff recovered 6 cents only, his judgment must still be for the penalty, and he is entitled to full costs.

Vost ads. Batterman.-Juhel v. United Insurance Company,-&c.

VOST ads. BATTERMAN.

No verbal agreement waiving a notice of trial can be admitted.

JUHEL against UNITED INS. Co.

PLAINTIFF permitted to go to trial, notwithstanding a commission to England not returned, it having been issued 18 months, although it is stated that the testimony desired. being a foreign sentence was now given and to be had.

RODMANS against NELSON & BUNKER.

PLAINTIFF allowed to go to trial, notwithstanding a commission to England not returned, which was taken 6 months ago, (last April.)

STOUGHTON ads. FISH.

PETITION to remove a cause to the court of the United States, refused, the defendant being naturalized here in 1784, afterwards, in 1795, became the Spanish Consul, and took the oath of allegiance to the King of Spain, but continues to reside here.

Graham v. Adams & Adams.-Reynolds & Hartwell ads. Clapp.-&c.

GRAHAM against ADAMS & ADAMS.

BOTH defendants being convicted and sentenced to the state prison for life; held, that being civilly dead the suit is abated.

REYNOLDS & HARTWELL ads. CLAPP.

On a recovery of £100 of debt and interest by way of damages; held, that the plaintiff is entitled to full costs.

SMITH against D'WITT.

An inferior court may set aside a verdict for irregularity.

BURTCH ads. PEOPLE.

ON certiorari to bring up proceedings of forcible entry and detainer, a rule to assign errors, held a nullity.

2d. The record is thereby removed, and the issue is to be tried.

3d. A landlord or those who stand behind the tenant, admitted by the common law to defend, but the manner not stated.

Koch v. Fink. Rankin v. Blackwell. &c.

Koch against FINK.

In error on certiorari, the return states there was a declaration, but none accompanies it.

1st. Ordered that the justice amend his return in this respect, or be attached.

2d. It being stated on his behalf and admitted that there was no declaration in fact, the judgment is reversed.

RANKIN against BLACKWELL.

THE apparent alteration on the face of a note, and an obscure memorandum of a deceased partner of defendant, and the general proof that the endorser had forged other notes, are not competent evidence to prove forgery; the first and last circumstances might be admitted in aid, if there was other proof.

LIVINGSTON ads. BANK OF NEW YORK.

A guarantee for the payment of a sum, in the first instance. proposed to be paid by others, is an absolute engagement, and on failure of the others at the time, the defendant is liable.

Kemp ads. Judah and others.-Mark & Speyer ads. Scott & Seaman.-&c.

KEMP ads. JUDAH and others.

IN trover. Goods in the hands of a master of a ship are liable to be detained for freight; but if he refuse to deliver them on a ground wholly different, without demanding the freight, it is evidence of a conversion.

MARK & SPEYER ads. SCOTT & SEAMAN.

JUDGMENT for the defendant, on the ground of this case being within that of Arnold & Ramsay v. United Insurance Co., except that here was a representation and there a warranty. (Vide the case cited, ante.)

IN THE MATTER OF THE PRESIDENT, &c. of the ManHATTAN Co.

A report of the appraisal of certain lots appropriated to the objects of this company, being made under the act, &c. Ordered that they give notice to the parties interested to show cause why the same should not be confirmed by the next terin, &c.