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case might be, out of the clear Held, that this must be taken profits: Wa's name never appeared to mean New Martinmas; and to the world as a partner:

Plaintiff having shewn that the Held, that W. was a partner ; | rent was in fact payable at Old and the new firm having become Martinmas, the Court refused to bankrupt in 1826, held, that the set aside a verdict given for hiin. creditors of the old firm and the Smith v. Walton and Another. creditors of the new firm were

Page 235 both entitled to prove against the 5. The county in the margin of the

property of the new firm. Ex parte declaration held a sufficient venue, · Chuck, in the Matter of Starkey on special demurrer. Duncan v. and Another, Bankrupts. Page 469 Passenger.

355 16. A plea in abatement by an Earl PLEADING.

of misnomer in his title of dignity

must allege positively, and not See Rent-CHARGE, 1. TRESPASS, 1.

merely by inference, that he was ADULTERY. AMENDMENT, 2.

Earl at the time of suing out the 1. Plaintiffs declared as assignees, writ. Digby v. Alexander. 416 • but assigned a breach in non-pay. 7. To debt on a judgment, the Dement to them, assignees as afore fendant pleaded a release of Desaid, instead of as assignees as cember 1831, destroyed by acciaforesaid: Held, sufficient on spe dent. Upon affidavit that the plea cial demurrer. Cobbett and Others, was false, the Court allowed the Assignees of Baker, a Bankrupt, v. Plaintiff to sign judgment as for Cochrane.

17| want of a plea. Smith v. Hardy. 2. The declaration stated that De

435 fendants A., H., and C. broke a

PONE. close of the plaintiff abutting on a close of the said Defendant.

See PRACTICE, 5. The Plaintiff's close abutted on a close of the Defendant A.: Held,

PRACTICE. an ambiguity, and not a variance. See PriviLEGE, 1. Evidence, 3. 8. Walford v. Anthony and Others. 1. Plaintiff issued a mandate to the

75 officer of a liberty, to arrest the 8. It is no ground for a plea in Defendant on a ca. sa. Defend: abatement, that a Defendant, sued ant was afterwards discharged,

as a Scotch peer, is also described under the insolvent debtors' act, as having privilege of parliament. from the custody of the sheriff of

Cantwell y. Earl of Stirling. 174 | the county. The Plaintiff having 4. Replevin. Defendant avowed that become the assignee under the

the rent was payable at Martinmas, discharge, Held, that he was to wit, Nov. 23.: ..

- estopped to rule the officer of the



liberty to return the mandate for new trial to change the venue from • the capture of the Defendant. Dorset to London, upon the ground

Hepworth v. Sanderson. Page 19 that both the parties lived in Lon2. Defendant, upon certain terms don, and that all the witnesses

favourable to Plaintiff, was allowed 1 came from London on the first to have a special jury after the I trial. Palmer v. Marshall. cause had stood for trial by a

Page 155 common jury during a whole sit- 8. Judgment of non pros cannot be tings, and bad been twice post- signed for omission to deliver parponed at the instance of the De- ticulars pursuant to a Judge's orfendant. Thorne v. Marquis of der. Sutton v. Clark. 165 Londonderry,

26 9. A petitioning creditor attending 3. Practice as to Elisors. Mayor and commissioners of bankrupt, is proCorporation of Norwich v. Gill. tected from arrest, eundo morando

27 et redeundo. 4. The Court refused to discharge If he shews that he is on his

the rule for a special jury, on the way home, it is for the party who ground that the Defendant had arrests to prove a deviation. Selby obtained it in January 1831, and v. Hills.

166 up to the Michaelmas term fol- 10. A party has, in general, four lowing had omitted to strike the days' time to plead after judgjury, although the cause stood for ment of respondeat ouster. Canttrial in July. Andrews v. Thorn- well v. Earl of Stirling. 177 ton.

64 11. When the plaintiff gives notice 5. The cause assigned at the end of of trial a term earlier than the

a writ of pone is mere form, and rules of court require, if he omits cannot be traversed by the sheriff. to try pursuant to his notice, the

Talbot v. Binns and Another. 71 Defendant may move for judg6. By the Bath court of requests ment, as in case of a'nonsait, the

act, a Plaintiff who sues in another next term. Howell v. Powlett, court for a debt he might have

272 recovered in the Bath court, shall 12. An undertaking for a bail-bond not, by reason of a verdict for him, given to the sheriff by the Defendbe entitled to costs.

ant's attorney, being a mere nulThis Court refused to stay pro lity, an application by Defendant ceedings before verdict, upon pay to set it aside and enter a common 'ment of debt without costs, upon appearance, was discharged with the ground that the action ought costs, though Defendant was a to have been brought in the Bath feme covert. Lewis v. Knight. court. Meredith v. Drew. 141

· 271 7. In an action on a policy of insur- 13. Entitling affidavit in false judgrance, the Court refused upon a ment. Watson v. Walker. 315

14. Omis14. Omission in notice of bail to del tiff, on proof of delivery of spirits, scribe the bail as householders or Defendant obtained a rule nisi for freeholders, does not, under the a nonsuit, on the ground that he rule of Trinity 1831, authorise had been surprised by the varithe Plaintiff to take an assignment ance between the particular and of the bail-bond. The objection the proof; it appearing, however, should be made when the bail that he had been neither surprised come up. Bell and Another, As nor misled, the Court discharged signees of the Sheriff of Middlesex, the rule. Lambirth and Another v. Foster and Others. Page 334 v. Roff.

Page 411 15. A particular of demand is not to 19. Practice, as to protection of be construed so rigidly as to non sheriff. Parker and Others v. suit a plaintiff for inaccuracies Booth.

85 which could not mislead. Disbursements held recoverable under PRESENTATION. an item for “ cash advanced.”

An advowson belongs to a prebendHarrison v. Wood.


ary in right of his prebend: the 16. The payment of costs for not church becomes vacant, and preproceeding to trial is not a condi

bendary dies without having pretion precedent to ulterior pro

sented: the presentation belongs ceedings, unless so specified in

to his personal representative, acthe rule. Wilson v. Collins. 374

cording to the opinion of six 17. The Defendant being in a con

Judges out of eight, delivered in dition to enter judgment of non

the House of Lords. Mirehouse pros for want of a declaration, the

and Another, who have survived Plaintiff, with a view to prevent

George Bishop of Lincoln, Plainthe non pros, obtained a rule to

tiffs in error, v. Rennell Wo. Dediscontinue on payment of costs; fendant in error.

490 however, instead of paying costs or discontinuing, as soon as the PRESCRIPTION. rule had expired, he served the

See Tolls.
Defendant with a declaration :
Held a fraud on the proceedings

of the Court; and the Defendant
having entered up judgment of

See PRESENTATION. non pros, the Court refused to set it aside. Ariel v. Barrow. 375

PRIVILEGE. 18. Plaintiffs, spirit merchants, inad. Defendant having voted at the elec

vertently delivered a bill of parti | tion of Scotch peers, Held, as a culars for goods sold to Defendant Scotch peer, entitled to be disin their trade of brewers. A ver- charged from arrest, although his dict having been given for Plain-| vote had been protested against,

his claim to the title disputed, and
never recognised by the House of
Lords or at Court. Digby v. Lord

Page 55



See EVIDENCE, 10. The Plaintiff and other creditors of the Defendants signed resolutions for entering into a composition deed with the Defendants, upon their property being assigned to trustees for the payment of the creditors.

The Defendants and their trustees having refused to allow the Plaintiff to come in as a creditor under the deed, Held,

That he might sue Defendants notwithstanding the execution of the resolutions. Garrard v. Woolner and Another. Page 258

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See DEVISE, 2.

30001, sited the pety-nine allegined


RIGHT OF WAY. Defendant made cognizance in re

See EVIDENCE, 9. plevin, under a power of distress for an annuity granted by G.T. to H. in September 1806. Plaintiff pleaded that in May 1806, G. T., for securing another annuity, and in consideration of

SAVINGS BANK. 30001., granted, bargained, sold, Since 9 G.4. c. 92. an action does and demised the premises in which, not lie against the trustee of a &c. to F. for ninety-nine years: I savings bank. In case of disputes, Held, no bar, without alleging

the only mode of proceeding is entry by F., or that F. elected

by arbitration. Crisp v. Bunbury, that the deed should enure by way

Bart. and Others. of bargain and sale. Held, also, that standing crops

SET OFF. cannot be taken under a power to

See Costs, 2, 3. 7. distrain for the arrears of an an- By order of Nisi Prius, a verdict nuity. Miller v. Green. 92 having been entered for the PlainVol. VIII.



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tiff, and the Plaintiff having therein / all did not sign, the deed should agreed to pay the Defendant 701., be void. Plaintiff never signed, the Court allowed that sum to be nor was the amount of his debt set off against the Plaintiff's judg stated: ment. Newton v. Newton.

Held, not a sufficient acknow. Page 202 ledgment to take Plaintiff's debt

out of the statute of limitations, SHAM PLEA.

although it was admitted orally

that he had but one debt. KenSee PLEADING, 7.

nett v. Milbank. Page 38

2. Under 9 G.4. c. 14. payment of SHERIFF.

interest within six years by one See MONEY HAD AND RECEIVED. of several joint contractors takes PRACTICE, 19.

a debt out of the statute of limit

ations as against all. Wyatt v. SPECIAL JURY. Hodson.

309 See PRACTICE, 2. 4.


See INSURANCE, 7. A mortgage deed for 30001. conp'tained a power of sale and leasing | to secure the principal and all

SUBMISSION. expenses, with interest; there was

See ARBITRATION. also a covenant to pay principal and interest, and all expenses,

SURETY. with interest on the amount of them :

Defendant guaranteed the payment * Held, not a security for an un

of porter to be delivered by Plaincertain and indefinite amount

tiff to J.: the guaranty contained under 55 G. 3. c. 184. and that a

no stipulation as to the credit to 91. stamp was sufficient. Doe d.

be given to J. The custom of the Scruton v. Snaith.


Plaintiff was to give six months,

and then, sometimes, to take a STATUTE OF LIMITATIONS.

bill at two. The Plaintiff having,

without the knowledge of the De1. Defendant, by a' deed reciting

fendant, given J. eleven months' · that he was indebted to Plaintiff

credit, Held, that the Defendant · and others, assigned his property was discharged from his guaranty.

to Plaintiff, in trust to pay 6s. 8d. Coombe and Others v. Woolf. 156 in the pound to all such creditors as should sign the schedule of debts annexed; provided that if

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