« ForrigeFortsett »
ENTERED, according to Act of Congress, in the year 1845, by
ASA KINNE, In the Clerk's Office of the District Court of the United States, for the Southern
District of New York.
FFB 15 1917
KINNE'S LAW COMPENDIUM
FOR 18 4 5.
How only can facts showing that the plaintiff has mistaken his remo dy by bringing trespass instead of case be pleaded ?
Only in abatement, not in bar.-Seneca Rail Road Co., v. Auburn and Rochester Rail Road Co., 5 Hill, R. p. 170. (1844.)
The testimony of witnesses that they believe a debtor resides out of the State, is not sufficient under a statute requiring " proof by two witnesses to the satisfaction of the Judge" of such non-residence.-Kingsland f Kingsland v, Cowman & Gillender.—5 Hill R. p. 608. (1844.) Belief alone will not answer.- Pearce v. Davy, Sayers' R. 293. 1 Tidd. Pr. 692. ed. of '28; 1 Chit. Pl. 497. ed. of '37; 3 ed. 902; Tidd. Append. 155; 1 Lil. Mod. Ent. 1.)
Under the act in 1 R. C, 1819-p. 474, ch. 123, directing the method of proceeding in courts of equity against absent debtors, a creditor of a corporation created by another state, may maintain a suit in equity against such corporation, as a defendant out of this commonwealth, where there are persons within the same who have in their hands effects of, or are indebted to, such absent defendant; or may maintain a suit in equity against such corporation as an absent defendant, where it has lands or tenements within the commonwealth.
The Bank of the United States incorporated by Pennsylvania, and others, vs. The Merchants’ Bank of Baltimore.--I Robinson's Virginia Rp. 573. (1843.)