99. In slander. Affidavit by defendant's attorney to change the venue 2. Counters Affidavits on motion. See Supra, Scott v. Gibbs. 3. In Debt. 100. The venue in debt on a judgment in a county court, changed to the 4. In use and occupation. 101. An action for use and occupation is founded on the privity of contract, The venue being laid in New York, is not of course to be changed on ac- Corporation of New York v. Dawson, 516. 5. Effect of change in Declaration. See DECLARATION. LXIII. Verdict. See ARGUMENT. CASE. LXIV. Writ of Error. LXV. Writ of Right. 1. View. See vol. 2, p. 335. 102. In a writ of right, the demandant must sue out the view, although the 2. Summons. 103. In a writ of right, a writ of summons to a vouchee being irregularly re- 3. Plea. View granted, it being 104. Tenant in a writ of right must plead instanter. See AFFIDAVIT, AMENDMENT, DEPOSITIONS DE BENE ESSE, EJECTMENT, IMPAR- LANCE, JUSTICES' COURT, MANDAMUS, VENUE. 4. Ne Recipiatur. 105. If a tenant in a writ of right will put a demandant out of court on the Sacket v. Lothrop, 445. See vol. 1, p. 249. 5. Costs. 106. Demandant in a writ of right must pay costs for not proceeding to trial See vol. 2, p. 104. PRACTICE IN THE COURT OF ERRORS. On an appeal from chancery. A discovery of new and material evidence which could not before be obtained, So also a surprise, as to a matter of evidence, or question of fact, but not an The same rules prevail in a court of equity as to bills of review, to re-examine The magnitude of the property in question, in case of doubt and difficulty, is An appeal from an interlocutory or final decree, brings up all the antecedent On an appeal from an interlocutory order or decree, this court may proceed In certain specific cases, it is the common course in chancery, to order an No costs or damages given in this court in case of a reversal against the party Le Guen v. Gouverneur & Kemble, 605. See vol. 1, p 436. PREMIUM. See INSURANCE. PRINCIPAL AND SURETY. See SURETY. PRIVILEGE. The privilege of a member of congress from arrest, does not extend farther Lewis v. Elmendorf, 492. See vol. 2, p. 222 and 222, n. (a.) PROMISE OF MARRIAGE. See EVIDEnce. PROMISSORY NOTES. See BILLS OF EXCHANGE-PROMISSORY NOTES-CHECKS. QUARANTINE. See CONSIGnee. QUO WARRANTO. Where a person is already in office by color of right, the court will not grant Cases and authorities, 80, n. (b.) RECEIPT. See EVIDENCE. REFERENCE. I. When refused. II. Postponement of meeting of Referees. IV. Powers of Referees. V. Setting aside Report. I. When refused. 1. Reference refused, because by an opposite affidavit, questions of law will No counter affidavits as to such questions can be received D'Hart v. Covenhoven, 520. See vol. 2, p. 402. II. Postponement of meeting of Referees. 2. The meeting of referees ordered to be postponed for two months for the re- Bird v. Sands, 454. See vol. 1, P. 394. III. Duties of Referees—Adjournment. 3. It is unreasonable for referees not to grant a delay of one day for further Forbes v. Frary, 492. See vol. 2, p. 224. IV. Powers of Referees. 4. There was a rule of reference by consent and special, as to the time of Brower v. Kingsley, 460. See vol. 1, p. 324. V. Setting aside Report. 5. A report of referees set aside, on the ground of intricacy and difficulty in Allard v. Mouchon, 456. See vol. 1, p. 280. RECORDER OF NEW YORK. This court has the same power over the proceedings of the recorder of New RETURN OF PREMIUM. See INSURANCE. REVERSION. See COVENANT. REVOLUTION. The American revolution worked no forfeiture of previously vested rights in Jackson ex dem. Gansevoort v. Lunn, 109, 539. See ALIEN. RIGHT In dower. The demandant had always been a British subject and resided in Kelly v. Harrison, 476. See vol. 1, p. 29. SALE. I. What constitutes. II. Conditional-right to rescind. |