Page.

ARMSTRONG v. Lewis (Pawnbroker— Illegal contract of partnership,

effect of.)

Atkinson, Ex parte (Post-office-Persons in the employ of the Post-

master-General exempt from serving on juries, &c.) . 160
Beaumont v. Mountain (Act of Parliament-Private act declared

public and to be judicially taken notice of without being pleaded

-mode of proof of.) . . . . . . . 177
Clark v. Marner (Practice-Writ of trial, to whom directed.) . 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.) . . 10.

Cocks v. Nash (Release-of principal debtor, effect of, as to a surety.) 162
Dean v. Hogg (Ship-What right passes to the hirer.) . 188
Doe d. Tucker v, Roe (Ejectment-Service of declaration, &c, on a

servant.) . . . . . . . . . 165
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.) . . . . . . . . 24

Horne v. Took (Practice-Setting aside proceedings.) . . 183
King v. Shrives (Executors-Sale of real estate for payment of debts

of the testator.) . . . . . . . . 149

Regulæ Generales

Fines and Recoveries, 115.

Pleading

Page. Regulæ Generales (continued). Pleading forms of issues, &c. of issue in the King's Bench, Common Pleas, or Ex

chequer, 144.°
of Nisi Prius record in the King's Bench, Common

Pleas, or Exchequer, 145.
of judgment for the plaintiff in assumpsit, 145.
of issue when directed to be tried by the sheriff, 146.
writ of trial, 147.

indorsement of verdict thereon, 148.
indorsement thereon in case of a nonsuit,

148.
judgment for plaintiff after trial by the sheriff,

148.
Practice
delivery of pleadings, &c., making up and delivering de-

murer books, &c., 122–124.
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.

proceeding by plaintiff after, 138.
Shinfield v. Laxton (Practice-Term's notice, where no step taken
in the cause for four terms.)

.. .:

. : ... . . . 187 Slowman v. Dutton (SlanderHe is a thief"_“You have robbed

me of my bricks”-actionable, without introductory averment,

or innuendo, or averment of special damage.). . . 174 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.) . . . 180 Surman v. Bruce (Bail—discharged by laches of plaintiff in not give

ing them notice of the default of their principal, after time given
on a cognovit with consent of the bail.) . . . . 184

182

Whitbourne v. Pettifer (Practice-Production and inspection of

papers.) . Whitford v. Tutin (Evidence-of written contract of hiring, not

signed by both parties, though acted upon.) . . : 166

TABLE OF CASES.

VOL. IV. PART II.

295

230

Page ACEBAL v. Levy (Pleading_Quære whether a count for goods bar

gained and sold be sustainable where the goods are re-sold by
the vendor, on the purchaser's refusal to accept them.) . 217

(Statute of frauds—What a sufficient note or memorandum of the contract to take a case out of the statute.) ib.

(Variance between declaration and proof.) . ib. Barham v. Lee (Affidavit-Waiver--Appearing to oppose a rule,

no waiver of an objection to the affidavit on which the rule has
been obtained.)

327 Belcher v. Maberly (Bankrupt-Voluntary assignment in contem

plation of bankruptcy.) , Betham v. Gregg (Ecclesiastical law--What an avoidance of a be

nefice within the meaning of the statute 28 Hen. 8, c. 11.) Brown v. Lord Granville (Practice-Execution notwithstanding the

allowance of a writ of error.) . . . . . 333 Butler v. Mapp (Practice-Entering a nolle prosequi as to part of a

count, after demurrer thereto.) . . . . . . 258 Clarke v. Hooper (Statute of limitations What a sufficient acknow- .

ledgment 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 men

· :. . . . . . . 321 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 intes-

tate, affidavit how framed.) . . . . . . 272 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.) . . . . . .

. . . 265 (Attorney-Attorney's lien for costs under the 93rd rule of Hilary Term, 2 Will. 4.) . . . . ib. Curtis v. Curtis (Slander_“You have committed an act for which,

I can transport you”-actionable without colloquium or innu-
endo.) . . . . . . . . . . 337

Page

340

330

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.) . .

. . . 285 (Statute of limitations— What a sufficient acknowledgment to take a case out of.) . . . . ib. Emery v. Mucklow (Bankrupt-What a good petitioning-creditor's debt.) . .

. . 263 (Costs—of inconsistent issues.) . . . ib. Greenham v. Gibbeson (Power-Execution of.) . . . 198 Hoadly v. Maclaine (Statute of frauds—What a sufficient memoran

dum of the bargain to satisfy the 17th section of the 29 Car.

2, c. 3.) . 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. MʻLeod (Master and servant-Liability of master for

the consequences of an act of his servant.) . Mammatt v. Mathew (Affidavit to hold to bail-on bill of exchange,

where sufficient-Defect in, how waived.) . . . : 356 Memorandum. . Mummery v. Campbell (Costs-of motion for defendant's discharge

out of custody on the ground of irregularity, not costs in the

cause.) . . . . . . . . . 379 Rex v. The Sheriff of Essex (Practice-Changing bail.) . . 247 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.) . . . . 332, n Sims v. Jaquest (Costs—under the 43 Geo. 3, c. 46, s. 3.) . 380 Skipper v. Lane (Sheriff-Motion under the interpleader act, when to be made.) . . .

283 Stannard v. Ullithorne (Attorney-Liability for permitting a client

to execute an assignment of a leasehold interest determinable
with lives, containing unusual covenants, whereby the client sus-

tained loss.) . . . . . . . . . 359 Thomas 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.) . . . . . . 331 Williams, dem., Harris, ten. (Writ of intrusion-Entering nolle

prosequi in.) . . . . . . . . : 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.

Page

ter up 487

.

ALLEN v. Wood (Husband and Wife-In what case marriage in

valid; and, where invalid, supposed husband not estopped from

shewing it to be so.) · · · · · · · · 510 Baker v. Gostling (Covenant-On a deed of assignment, where maintainable.)

. 539 Batchelor v. Vyse (Sheriff-Liable in trover for selling beyond the

sum indorsed on the writ, and costs.). Brydges v. Fisher (Evidence--Commission for examination of wit

nesses, when to be moved for.) . . . . . 453 Cheek, plaintiff, Booth, deforciant, (Fine-Acknowledgment by a

feme coverte taken without concurrence of husband.) . . 460 Cockman v. Hellyer (Warrant of Attorney-Motion to enter up

judgment on.) . Cooper v. Blandy (Landlord and Tenant-Doctrine of estoppel as

between.) . 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.) 400 Dicas v. Warne (Attorney-Motion to strike an attorney off the roll for hiring sham bail in error.) . . . . . . 471 Practice thereon . .

. 470 Doe d. Brittlebank v. Roe (Ejectment--Service of declaration, &c.

on a daughter of the tenant.) . Dunne v. Harding (Practice-Concurrent writs into different coun

ties.) . . . . . . . . . . 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 es

topped from disputing his landlord's title.) . . . . 455 Haslam v. Sherwood (Attorney-Undertaking by.).. : . 434 Haworth v. Hardcastle (Practice-Where sci. fa. obtained to repeal

a patent pending an action for an infringement.) . . 448 Humphrys v. Harvey (Attorney - Defendant's attorney having

omitted to cause his name to be inrolled, plaintiff at liberty to

discontinue without costs.) . . . . . . . 500 Kirby v. Siggers (Practice Penalty imposed by the Court for improperly dealing with records.)

· 481

in

.