INDEX

OF THE PRINCIPAL MATTER CON

TAINED IN VOLUME I. AND II.

A

ACCOUNTS.

The charges in a physician's bill must be specific,
not loose and general. Hughes vs. Hampton.

ACTS OF ASSEMBLY.

See Statute.

745

ADMINISTRATION.

The proper mode of proceeding, in case the Ordi-
nary should grant administration to a person not
entitled, is by appeal. Mandamus will not lie.
State vs. Mitchell.

703

ADMINISTRATOR.

1. An action will not lie against an administrator de
bonis non, for a debt contracted by the adminis-
McBeth vs. Administrator of Goddard.

trator.

676

2. The security of an administrator cannot be made
liable, until the administrator has been cited. A
creditor may assign a breach of an administration
bond in not paying debts. Lining vs. Giles.

720

AGENT.

1. The authority of an agent must be proved.
There is nothing in the course of mercantile usage
to do away the necessity of such proof. Dixon
vs. Haslett.

615

2. An agent departing from the instructions of his
principal, will be liable if a loss occurs.
& Co. vs. Messroon.

Holmes

21

ALIENS.

1. A British subject, born before the declaration of
Independence, cannot inherit to an American cit-
izen. Trezevant vs. Osborn.

61

ALIENS-(Continned.)

2. Plaintiff claimed by a deed from defendant to W.
G. Defendant proved by the declaration of W.
G. that he was at the time of the conveyance, an
alien. On this evidence, plaintiff was nonsuited.
The nonsuit set aside. Groves vs. Gordon.

111

ASSETS.

James Duncan being authorised by the City Coun-
cil to dispose of certain lottery tickets, sold them
to defendant, and took his note. He afterwards
died insolvent, and the note fell into the hands of
defendant as his administrator. Held that the
defendant could not retain the said note as assets,
and that the City Council were entitled to judg-
ment against him for the full amount.
Council vs. Duncan.

City
436

ASSIGNEE.

1. A note or bond, though not payable to assigns,
may be sued by the assignee in his own name.
Farmer vs. Baker.

752

2. No action will lie against the assignee to recover
costs of a judgment against the assignor. Ben-
net vs. M'Fall.

769

ASSIGNEE (Continued.)

3. A note not negotiable may be set up in discount
to plaintiff's action, by the assignee. Farr vs.
Hemmingway.

753

ASSUMPSIT.

After the rescision of a contract, assumpsit for mo-
ney had and received will lie to recover the
price. Martin vs. Howell.

750

ATTACHMENT.

A writ of attachment abates by the death of the de-
fendant but if the garnishee has made default,
judgment may be had against him after the death
of the absent debtor.

T. Radcliffe, jun.

Crocker & Hitchbourne vs.

83

AUCTION.

1. The advertisement of the auctioneer is different
from the written particulars and terms of sale.
Parol evidence may be received to disprove a
warranty of soundness or value, implied by the
advertisement. Limehouse vs. Gray.

73

AUCTION-(Continued.)

2. When a vendor, at the time of sale, gave notice
that the slave was not sound, and the appearance
of the slave indicated want of health, though
there was no proof of notice to the purchaser him-
self, and a fair price was paid, and the slave died
of a disease with which she was then afflicted.
Ltd by the Court, (Colcock, J. dissenting,) that
the purchaser could not recover for unsoundness
against the vendor. See Vendor and Purchaser.

73

B

BAIL.

After bill found, even in capital cases, the Court
may bail: but the power is to be exercised with
great discretion and reserve. By four judges,
(Smith, J. dissenting.) State vs. Hill.

242

BARON AND FEME.

A contract between husband and wife, previously to
marriage, for the settlement of the wife's fortune,
is released by the marriage. Boatwright vs.
Wingate.

521