INDEX

ΤΟ

THE PRINCIPAL MATTERS.

ABATEMENT.

I. The death of the person, for whose use the suit is brought,
does not abate the suit. Holt, for the use, &c. vs. Briscoe,

ACTION.

I. An action cannot be maintained on a final decree in Chancery,
rendered against an individual after his death, though
founded upon an interlocutory order, made during his life.
Girault, Administratrix, vs. Anderson .

II. Action for damages lies against a Sheriff, if a slave sells for
less money, on account of any neglect in the Sheriff to
perform his duty. Hutchins vs. Lee,

See EXECUTOR, IX.

"Indebitatus Assumpsit, 1.

ACCOUNT.

I. A party cannot divide an account, though composed of various
items, so as to give jurisdiction to a magistrate. Grayson
vs. Williams,

II. Where no evidence was offered to show that the final account
of an administrator, settled by the Orphans' Court, had
passed in review before the County, and Probate Court, it
was error to decide, that such an account was final and con-
clusive between the parties. Cameron, Judge, &c. vs.
Gibson,

PAGE

19

30

293

298

500

III. There is no legal presumption that such an account, from the
fact of its being settled by the Orphan's Court, had passed
in review before the County and Probate Courts, has been
reported to, and allowed by the County and Probate Courts;
but such fact must be proved. Ibid.

See CHANCERY, 'XX."

PAGE

500

"PRACTICE, IV.

"PROBATE COURT.

ADMINISTRATORS.

See EXECUTORS and ADMINISTRATORS.

ADULTERY.

I. Adultery may be set up as a bar to alimony. Holmes cs.

I. Where articles of agreement are consummated by a deed,
they are a nullity. Kerr, Administrator, vs. Calvit,

See ADULTERY, I.

474

115

APPEAL.

I. Upon appeal from a judgement of a justice of the peace, for a
sum exceeding twenty dollars, it is error, for which the
Supreme Court will reverse the judgment, of the Circuit
Court, if either party proceed to trial there, without making
up an issue. Lindsay vs. Herd,

Horn vs. Gillock,

18

107

II. There is no appeal from "the County and Probate Court."

Sellers, exparte,

414

See Certiorari, IV., V.

ASSAULT & BATTERY.

I. Prosecutor not bound to elect, or abandon, the civil suit, or the
prosecution, for assault and battery: both may be sustained.

The State vs. Blennerhassetts,

See HOLLAND and WIFE, I., II., III.

: 7-15

ASSIGNEE.

I. Assignee of an open account, may maintain suit upon it for his
use in the name of the assignor. The rights of the assignee
of an open account, are not affected by the subsequent
insolvency of the assignor. Defrance, use of, &c. vs.
Davis,

II. The statute of this State, rendering notes and scaled instru-
ments negotiable, does not affect in any manner, the rights
of the assignee of an open account. Ibid.

III. The assignee of a promissory note is vested with a legal
interest therein, from the date of the assignment; and the
service of process of garnishment, upon the payer of a
note, after assignment, will not affect the rights of such
assignee. Black and Pratt vs. McMurtry,

See PROMISSORY Note, 1.

ASSUMPSIT.

I. A promise upon a sufficient consideration made to one, to pay
the debt he may be owing to another, is sufficient to the
third person, on which to recover against the promissor.
Vigniau, use, &c. vs. Ruffins, Executor, .

II. Where the expressions in a letter are doubtful, leaving it uncer-
tain to what particular demand it applies, the question of
its applicability should be left to the jury. Turnbull vs.
Witherspoon, Administrator,

PAGE

69

69

389

312

351

ATTACHMENT.

I. A party may proceed by attachment in this State to recover
damages for a breach of covenant. Woolfalk vs Cage,'.

II. A judgement obtained in Louisiana, upon a proceeding com-
menced by attachment, is only binding upon the effects
attached. Ibid. .

300

300

III. Probate Court has power to enforce obedience to its orders
by an attachment. Moore, appellant, vs. Judge of Pro-
bate of Adams County,

310

See EVIDENCE, I.

ATTORNEY AT LAW.

I. If an attorney, without authority from his client, compromises
a claim, and receives a part of the money and gives a
receipt in full, he can be compelled, by motion to pay the
overplus. Lombard, vs. Whiting and Lewis, .

II. An attorney at law cannot assign a judgment without express
authority. Head and Davis vs. Gervais and Morse,

PAGE

229

431

See RECEIPT, I.

AUDITORS.

I. Exceptions to auditors' report connot be sustained, unless they
were made and overruled before the auditors, and certi-
fied by them to the Court. Davis' heirs vs. Foley,.

II. A party cannot by exceptions to auditor's report, impugn the
decree directing the report to be taken; nor rely upon new
grounds of defence, not set forth in the pleadings. Ibid.

III. The practice of auditors in this country, ought to be in strict
conformity to the practice of the Master in England, where
no change is introduced by statute. Ibid.

See INTERLOCUTORY DECREE, I.

43

45

47

AUDITA QUERELA.

See MOTION.

BARGAIN & SALE.

I. An equity of redemption is subject to sale, on an execution
on judgment in this state. Hunter's Administrators vs.

Hunter et al.,

II. The interest of the mortgagee is not the subject of sale, upon an
execution issuing upon a judgment in this state. Ib..

See MINOR, 1 II III.

"VENDOR & VENDEE, I II.

BATTERY.

See ASSAULT & BATTERY.

194

BILL IN CHANCERY.

I. In a bill to set aside a voluntary deed, a charge "that the grantor
was indebted for transactions before and since the transfer,
and without the property transferred, there will not be enough
to pay his debts," is not sufficient. Miles vs. Richards' Ad-
ministrators, et al.

Il. In a bill quia timet, it is necessary to allege and prove, that the
complainant will be damnified by the act, to prevent which
he prays the interposition of the Court. Green & Nevit vs.
Hankinson's Administrators,

See CHANCERY, XIV, XVII.

BILLS OF EXCHANGE.

See PROMISSORY NOTES.

"RECEIPT.

BILL OF EXCEPTIONS.

I. Exceptions not taken to the charge of the Court below, by a bill
of exceptions duly signed and sealed, cannot be taken notice
of by the Supreme Court. Hackler's Heirs vs. Curell,

See JUDGE, I.

" PRACTICE, V.

BILL FOR DISCOVERY.

I. A bill for discovery only, cannot be set down for a final hearing.
Townsend et ux. vs. Odam et al.

PAGE

477

487

. 91

I. It is very doubtful whether there be any mode to cure defect in
appearance, defence and verdict; if there be, it is by Certio-
rari. Delahuff vs. Reid.

356

74