entered, the plaintiff may waive bail and proceed in this court, or take a procedendo. Dickinson ads. State Bank at Morris, 354
3, Bail in a criminal case, and his principal, being insolvent, and the recognizance being forfeited by default of the defendant; a motion for a scire facias refused. The State v. Anony-
4, On attachment against a female debtor, she cannot be re- quired to file special bail; females being exempt from imprison- ment. Pullinger ads. Van Emburgh.
1, In an action by the bearer of a bank check payable to C. D. or bearer, the declaration must allege the transfer of the check to him, and that he is the owner or bearer.
Hemp Manufacturing Co. v. Ballentine,
2, On a bank check signed by one as agent, his agency and authority to draw checks, must be proved, in order to recover in a suit against the principal.
The law of the State of New York, called the two thirds act, discharging insolvents from their debts, is a bankrupt law, and unconstitutional. Or if not a bankrupt law, it impairs the ob- ligation of contracts, and is therefore void. Ballentine et al. v. Haight,
On certiorari to the Quarter Sessions, removing proceedings on an order of filiation, rule granted to stay proceedings on a scire facias upon the recognizance. The State v Bidelman, BILL OF EXCHANGE.
1, On a foreign bill of exchange, the protest under the nota- rial form and seal, is evidence of the facts of presentment and dishonor of the bill, and of notice thereof to the endorser. Bar- kalow v. Johnson et al.
2, An order to pay money on account of the drawer's share of rent when due, and accepted when due. is not a bill of exchange or if it be, the acceptance is conditional, not absolute, and should be declared upon specially, with an averment which must be prov- ed, that the condition has been performed. Rice ads. Porter's admrs.
The rule is, that a defendant has the same time for pleading
after receiving a bill of particulars, that he had when he demand- ed it. Anonymous,
Laches being in both parties, leave given to amend the bill, as of a later term, after judgment and execution, they being set aside. Halsey adsm. Miller,
1, One of several obligees in a bond, may not assign it in his own name, or the names of himself and his co-obligee, unless specially authorized to do so. Stevens v. Bowers,
2, A declaration by the assignee of such bond, who sets up his title thereto by assignment from the obligees, executed by only one of them, in the names of both, without shewing his au- thority, is bad on demurrer.
Ib. 3, Joint obligees of a bond, are joint tenants only as to the remedy by action, not in the proceeds.
4, Action of trover lies against executors for their testator's conversion of a bond and mortgage. Terhune v. Executors of Bray,
5, Bonds and mortgages are goods and chattels.
6, A judgment on a bond with warrant of attorney to confess judgment, will not in a summary way be set aside on motion, in behalf of other creditors of the defendant; nor will the court on such motion, enquire into the truth of the plaintiff's affidavit on entering up a judgment, even where fraud is alleged. The most that the court will do, if fraud be imputed, is to refer it to a jury, when a proper case is made. Hoyt v. Hoyt,
7, On judgment by default in an action upon a bond given to appear &c., under the insolvent law; the declaration reciting the condition which sets out the precise amount due to the plaintiffs, the court will assess the damages, without sending the case to a jury of inquiry. Rogers et al. v. Brundred et al,
8, A title bond must accompany a plea of right of way, in an action before a Justice of the Peace. Randolph v. Mont- fort,
9, If a bond, on its face purporting to be a joint bond of two or more, is executed and delivered by one only, it is his several bond. And if he sign to it, the names of all the obligors, with- out their authority, it is good against him only, and judgment should be entered against him alone. Wood adms. Wood, 45S
1, A state of demand charging a sum "due on contract on ex- change of horses, as difference, thirty dollars," as a matter of book account, is erroneous. Danser v. Boyle,
2, Whether book entries at the county poor-house, purporting to be a record of the admission and discharges of the inmates of the poor house, is legal evidence, quere? Den, Steelman v. Steelman,
A sheriff selling property on execution, the proceeds whereof exceeds the sum due thereon, is entitled to centage only on the sum raised for the plaintiff. Sinnickson v. Gale,
Growing grain and other annual fruits of annual labor, are mere chattels, passing by parol: and are assets of personal es- tate, subject to executions against goods and chattels. West- brook et al. v. Eager,
1. It is a general rule, that attaining the age of twenty-one years, is not ipso facto emancipation of a child from his parent; although at that age, the child may emancipate himself by sepa- ration from the parent. Overseers of Alexandria v. Overseers of Bethlehem,
2. A child remaining with his father after the age of twenty- one years, may afterwards gain a settlement through his father.
s. An ideot living with his father, may thus derive a settle- ment, let his age be what it may. CERTIORARI.
1. On certiorari brought to reverse a judgment in an action upon a former judgment, the reversal of the second judgment, does not affect the first, which cannot be reversed in this indirect manner. Bordine et al. v. Service,
2. A certiorari is the proper writ to remove the proceedings and conviction under the supplement to the act for suppressing vice and immorality, Rev. Laws 552. Handlin et al. ads. The
3. The return to a certiorari, certifying that the state of de mand and plea filed in the caase cannot be found, is sufficient cause for a reversal of the judgment. Powers v. Seeley, 216
4. Certiorari dismissed for want of prosecution, a rule for ta- king deposttions no having been pursued. Ogden v. Mif- flin,
5. The errors assigned, on the reasons filed on certiorari, being confessed, and a reversal being assented to, by the defendant; and the plaintiff's attorney declining to move for the reversal, the entry of a reversal ordered by the court, as on motion for the plaintiff. Rogers v. Guieren. 356
6. Certiorari allowed on motion at bar, to bring into Court, the proceedings of Commissioners to assess damages against a Rail Road Company. Exparte, The New Jersey Rail Road Company,
7. On certiorari to a J. P. on judgment against several defen- dants, one only of whom appeared in the Court below, rule or- dered upon him who appeared, to shew cause why the other de- fendants shall not prosecute the certiorari without him. West et al. v. Richards,
8. Rule refused, that the J. P. return at the next term, the certiorari to him directed; there being no proof before this court, that the writ was delivered to him, and that in a reasonable time he was called upon for his return, and that he neglects or refuses to deliver it. Smith v. Somers, CHURCH.
What is a sufficient call or contract by a church with a minis- ter of the gospel, to render its Trustees liable for his salary? Quere? Rev. J. Miller v. The Trustees of the Baptist Church, &c.
When a county collector has received public money, his sure- ties who were bound for him at the time of his receiving it, are responsible until he duly disburse or pay it over. Freeholders of Warren Co. v. Wilson et al,
1. A witness examined on a commission, must be sworn by the commissioners, not by a Justice of the Peace. Den, Perry et al. v. Thompson et al.
2. Commissioners to take depositions in a foreign state, must be qualified, faithfully, fairly and impartially to execute the commission. Their oath faithfully, &c. omitting the other terms iş insufficient.
3. It should appear on the face of the return, that the officer before whom commissioners are sworn, had authority to admin- ister an oath. His styling himself Justice of the Peace, of the county, &c. is not evidence of his authority. Per FORD, J. Ib. CONSTABLE.
A constable's return of service and summons, "that he read it to the defendant," omitting to state the delivery of a copy, or that none was required, is defective and cause for reversal of the judgment. Ross v. Ward,
2. So also is a return of service, "by leaving a copy at defen- dants' house," not stating that the person with whom left, was of his family and was informed of its contents. Murat v. Hutch- inson,
3. But such defect of service, is cured by defendant's appear- ance on the return day, and not objecting to the service, Ib. 4. So also is defective, a return, "served this summons, June 2, 1837, on G. F. the other defendant out of the county; no copy demanded," not showing how served on G. F. and that the oth- er defendant could not be found in the county, so as to be served with process. Moore et al. v. Miller,
5. So also is a return that he left a copy at defendants' house, &c. not stating "the defendant not found." Cooper v. Roberts, 353
6. In action on a judgment in favor of the plaintiff as constable, and in the second suit styling himself late constable, the variance is immaterial. Bordine et al, v. Service late coustable, &c,
7. The Marshal of the city of Amboy, is not a constable au- thorized under the small cause act, to serve process from a jus- tice's court. Duuham v. Solomon,
8. A constable is not authorized to detain in custody, a defendant taken on a warrant in a civil action, after bring- ing him before the justice, in case of adjournment, unless the justice command such detention, and enter the same on his docket; and without which, the constable is not liable for an escape. Ib.
9, A warrant in a civil suit, issued by an Alderman of Perth Amboy, must be directed to a constable of the city, to be execu- ted within its limits.
1, The two thirds act," of the state of New York, if not a bankrupt law, is one that impairs the obligation of contracts, by
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