« ForrigeFortsett »
pose of levying such execution upon the reside, for the benefit of the plaintiff and
Id. 3. A joint action against the fraudulent
grantor and grantee, to recover the pen-
alty, cannot be maintained, and if both
are joined as defendants and a verdict is
the state, on recognizances, either party
ture day, « is due and that the maker
has nothing to file against it," is to be
considered as referring to the time when
court will open the argument in this Clarke,
mence running on such guaranty until
the note becomes due.
of the warrantor of a note, that he is
him, and omits to give the holder notice
himself of them, in a case where there
is no extension of credit given the ma-
ker of the note by reason of the warran.
ty. Russell v. Buck,
4. One (not the payee) who writes his
name in blank on the back of a nego-
tiable promissory note, may always show,
by parol, the extent of his contract.
Sanford v. Norton,
avoid the 5. If it be a mere collateral guaranty, he
is entitled to reasoable notice of the de.
fault of the principal debtor, and if he
do not receive it, he is exonerated to the
extent of the loss he thereby sustains.
6. Such guaranty, as between the parties,
is not negotiable.
inal contract, to a bona fide holder, for
value; Quære- Whether the guarantor
will be holden as a joint promissor. Id.
of his contract to have been a guaranty,
merely, it is at all events incumbent
upon the holder of the note to show that
he gave value for it, before he can claim
any advantage above the person to
whom the guaranty was made. Id.
HUSBAND AND WIFE.
The lands of a married woman may be set
off, during coverture, in satisfaction of
against her and her husband, founded on
a contract executed by her previously to
her marriage. For v. Hatch,
with the town clerk for record, is the glary, that the respondent broke and en-
Blod yet v. Town of Royalton, 288 ing so entered, stole and carried away
ed by the insufficiency of any highway there being found, is not a misjoinder of
bill of the highway surveyor. Id.
repairing a highway, and a conviction defendants, one of whom is an infant,
Id. and execution issued, it affords no ground
way is a question of law, and it is error 2. The appropriate remedy in such case is
Id. for him by the month, and the minor la-
person may travel on any road, or their adult certain articles of property on ac.
recognizing it as a public highway. Id. 4. In such case the articles received by the
owner of land on the amount of damages | what they are reasonably worth, without
from claiming damages by reason of any ed upon a false and fraudulent warranty
See Probate Court, 1.
are joined as defendants and a verdict is
obtained against them, judgment will be
Canada and indorsed in this state, in
Pecks et al. v. Mayo et al.,
Where the complaint, in an audita querela,
complainant, the court cannot render
tion of book account, part of the account standing the verdict. French v. Steele,
against the body, and the debtor is com-! in the county court. Adams et al. v.
Id. had been put to great charges and ex-
penses in keeping the horse, to wit, one
tice of the peace had jurisdiction of the
action. Wightman v. Carlisle, 296
See Book Account, 1, 2, 3.
on a judgment rendered in an action of JUSTICE OF THE PEACE.
office at the same time he holds the office
quo warranto, and it seems that, in a suit
against him for acting as justice, he
could not justify under his appointment
| as to the jurisdiction, that the magistrate,
the case, was a postmaster.
See JURISDICTION, 2.
assigns the judgment, the lien does not
LIMITATION, STATUTE OF.
portion of an entire farm, the rent to be 11. The statute of 1832, in regard to the
limitation of actions, providing that if
fore the cause of action shall be barred,'
the time of such absence shall not be
reckoned in determining the time within
which such cause of action shall be
barred, was not intended to operate upon
adm'r, v. Estate of Manwell, 14 statutes of limitation. Lowry v. Keyes, 66
through his own land, and erects mills,
accustomed channel, upon the land of
another, and is suffered to do this by the
367 4. In an action on a promissory note, where
the maker, after the statute of limitations
had run, said it was a just debt and
Id. would pay one-half of it at a future pe-
riod if the payee would give up the note;
Id. take the case out of the statute of limita-
See GUARANTY, 2.
1. As a general rule those incidents of a
contract, which concern its force and
payment. Pecks et al. v. Mayo et al., 33
the payment of it guarantied in the state letter, containing money, which is lost
147 such neglect, he is not liable to an action
for money had and received, unless he
put the money to his own use. Danforth
in favor of his client and upon his client's
247 of the sale of the mortgaged premises at
costs, &c., which the court, after notice, warranty and immediate possession, and
tice thereof and received the amount of copy has been applied for and could not
268 default, this court cannot, on petition,
See Default, 1.
A to bring 1. A notice to take testimony, under a
commission, must specially name the
time and place of taking. Adm. of Mil-
ler v. Freeman,
2. When the statute requires seven days
notice of the meetings of sehool districts,
a notice dated on the first day of the
month, and the meeting held on the
seventh, is not sufficient. Hunt v. School
3. In an action of trespass or trover against
an officer for taking the property of the
A new trial may be granted in a pauper
414 2. Held,-in a suit against an officer for
exceptions to the decision of the county | sconded that the officer was liable for
Minkler y. Estate of Minkler, 558 process, are not liable for the property,
if it is taken from them witi
them without any
will not proceed to the hearing upon the an officer for taking the property of the