TABLE OF CASES. VOL. IV. PART I. Page. ARMSTRONG V. Lewis (Pawnbroker-Illegal contract of partnership, Beaumont v. Mountain (Act of Parliament-Private act declared public and to be judicially taken notice of without being pleaded -mode of proof of.) Clark v. Marner (Practice-Writ of trial, to whom directed.) 1 160 177 171 -Trial before a deputy appointed by the Judge of the local court of record, good, unless it appear that the Judge has no power to appoint a deputy.) Cocks v. Nash (Release-of principal debtor, effect of, as to a surety.) 162 ib. Dean v. Hogg (Ship-What right passes to the hirer.) 188 servant.) Freeman v. Paganini (Costs-Practice-Costs of motion to take money out of Court, where paid in lieu of bail.) 165 Garland v. Carlisle (Sheriff-Liability of, in trover for seizing and selling under a fi. fa. the goods of a trader after a secret act of bankruptcy.) Horne v. Took (Practice-Setting aside proceedings.) 24 183 King v. Shrives (Executors-Sale of real estate for payment of debts of the testator.) 149 delivery of pleadings, &c., making up and delivering de- on plea of judgment recovered, 124. proceedings in error, 124–127. repassing record, 127. writs of trial to be sealed only, 127. proof of documents, 127-129. warrants of attorney not to be entered, 132. costs of counts and pleas, 135. notice of taxation, 127. entry of proceedings on record, 138. charge for issue, 138. payment of money into Court, 138. me of my bricks”—actionable, without introductory averment, or innuendo, or averment of special damage.) . Smith v. Smyth Pleading-venue laid in Middlesex and trespass alleged to have been committed "in a certain dwelling-house situate in London"-held not demurrable.) Surman v. Bruce (Bail-discharged by laches of plaintiff in not giving them notice of the default of their principal, after time given on a cognovit with consent of the bail.). proceeding by plaintiff after, 138. Shinfield v. Laxton (Practice-Term's notice, where no step taken 187 174 180 184 Whitbourne v. Pettifer (Practice-Production and inspection of papers.) 182 Whitford . Tutin (Evidence of written contract of hiring, not signed by both parties, though acted upon.) 166 TABLE OF CASES. VOL. IV. PART II. Page A CEBAL V. Levy (Pleading-Quare whether a count for goods bar- Barham v. Lee (Affidavit-Waiver-Appearing to oppose a rule, Betham v. Gregg (Ecclesiastical law-What an avoidance of a be 217 ib. ib. 327 295 nefice within the meaning of the statute 28 Hen. 8, c. 11.) 230 Brown v. Lord Granville (Practice-Execution notwithstanding the allowance of a writ of error.) 333 258 Butler v. Mapp (Practice-Entering a nolle prosequi as to part of a count, after demurrer thereto.). Clarke v. Hooper (Statute of limitations-What a sufficient acknowledgment of a debt to take a case out of.) 353 v. Pedley (Poor-rate-Levy of costs of the previous summons under a warrant of distress in which such costs are not mentioned.) Coppin v. Potter (Affidavit to hold to bail-Description of deponent in-No new affidavit necessary on the issuing of a second writ by the same deputy filacer into another county-In action by husband and wife, administratrix, on a bond given to the intestate, affidavit how framed.) Cowell v. Betteley (Arbitration-As to power of arbitrator to award a set-off of costs of one cause against damages and costs in another.). (Attorney-Attorney's lien for costs under the 93rd rule of Hilary Term, 2 Will. 4.) Curtis v. Curtis (Slander-" You have committed an act for which, I can transport you"-actionable without colloquium or innuendo.) 321 272 265 ib. 337 Dabbs v. Humphrey (Bill of exchange-What a sufficient prima facie case to entitle a defendant to call upon the plaintiff to shew how he became the holder.) Page 285 (Statute of limitations-What a sufficient acknowledgment to take a case out of.) ib. 263 (Costs-of inconsistent issues.) ib. 198 Emery v. Mucklow (Bankrupt-What a good petitioning-creditor's debt.) Greenham v. Gibbeson (Power-Execution of.) Hoadly v. Maclaine (Statute of frauds-What a sufficient memorandum of the bargain to satisfy the 17th section of the 29 Car. 2, c. 3.) 340 Huber v. Steiner (Practice-Leave to add pleas after issue joined.) 328 James v. Saunders (Magistrate—Where entitled to notice of action under the 24 Geo. 2, c. 44, s. 1.) . 316 Kendall v. Allen (Practice-Staying proceedings.) 319 M'Kenzie v. M'Leod (Master and servant-Liability of master for the consequences of an act of his servant.) 249 Mammatt v. Mathew (Affidavit to hold to bail-on bill of exchange, 356 Mummery v. Campbell (Costs-of motion for defendant's discharge out of custody on the ground of irregularity, not costs in the cause.) Rex v. The Sheriff of Essex (Practice-Changing bail.). Shuttleworth Ex parte (Baron and Feme-Motion under the 3 & 4 Will. 4, c. 74, s. 91, to dispense with the concurrence of the husband to a disposition by the wife of lands &c. to which the latter is entitled in her own right.) 330 379 247 332, n Sims v. Jaquest (Costs-under the 43 Geo. 3, c. 46, s. 3.) Stannard v. Ullithorne (Attorney-Liability for permitting a client Williams, dem., Harris, ten. (Writ of intrusion-Entering nolle prosequi in.) 380 283 359 331 358 Wilson v. Cutting (Ship-owners-Suit by one part owner against another in respect of adjusted account.) 268 TABLE OF CASES. VOL. IV. PART III. Cooper v. Blandy (Landlord and Tenant-Doctrine of estoppel between.). ALLEN v. Wood (Husband and Wife-In what case marriage invalid; and, where invalid, supposed husband not estopped from shewing it to be so.). Baker v. Gostling (Covenant-On a deed of assignment, where Batchelor v. Vyse (Sheriff-Liable in trover for selling beyond the Cheek, plaintiff, Booth, deforciant, (Fine-Acknowledgment by a Page 510 539 552 453 460 487 562 Curtis v. Spitty (Pleading-Nil habuit in tenementis to debt for use and occupation.) 554 Decharms v. Horwood (Co-parceners-must join in an action.) Dicas v. Warne (Attorney-Motion to strike an attorney off the roll for hiring sham bail in error.) Doe d. Brittlebank v. Roe (Ejectment-Service of declaration, &c. on a daughter of the tenant.) Dunne v. Harding (Practice-Concurrent writs into different counties.) 450 Elliott v. Pybus (Goods bargained and sold-Where maintainable.) 389 (Statute of Frauds—What a sufficient appropriation of goods sold to satisfy the statute.) ib. Fleming v. Gooding (Landlord and Tenant-Tenant, where estopped from disputing his landlord's title.) 455 Haslam v. Sherwood (Attorney-Undertaking by.). 434 Haworth v. Hardcastle (Practice-Where sci. fa. obtained to repeal 448 500 Kirby v. Siggers (Practice-Penalty imposed by the Court for improperly dealing with records.) 481 |