1. A judgment ought not to be reversed on the ground that the Court below admitted illegal evidence, or gave an erroneous instruction to the Jury, unless it appear that some injury could possibly have resulted therefrom to the party appealing, Preston v. Harvey-55. 2. How a judgment on a carent, that no grant shall issue to the caveatee on an inclusive survey ought to be entered, where it appears that he has any other claim or survey under which he may possibly hold a part of the land. See CAVEAT, Nos. 1, 2. See INJUNCTION, No. 1. 3. A District Court ought not, in any case, merely to reverse the judgment of a County Court in general terms; but should proceed to render such judgment. as the County Court ought to have rendered. Mantz v. Hendley-308. 4. Where a release of errors is pleaded to a supersedeas, and found for the defendant in error, what the judgment should be. Hite's Heirs v. Wilson & Dunlop-268. 5. Judgment ought never to be given, in a summary way, in favour of any plaintiff who does not bring himself fully within the terms of the law under which he proeceds. Stuart v. Hamilton-48. 6. Error in a judgment at law, however apparent, is no ground for relief in equity; but the party must shew some special equitable circumstances to entitle him to the interposition of a Court of Chaucery. See EQUITY, Nos. 9, 10. 7. A person not a party to a judgment, is not bound by it either in law or equity, merely on the ground that he was present, and cross-examined the witnesses. Turpin, Admn'r of James, v. Thomus's Represen tatives--139. 8. The Clerk of a County Court having by mistake failed to enter a judgment on a verdiet, and an appeal being taken, such appeal ought to be dismissed, notwithstanding the County Court, afterwards, during the pendency of the appeal, corrects the error by having the judgment entered and certified to the District sioners in Chancery. Campbell and Wife 2. The right of a purchaser, at public auc- LIMITATION. 1. The act of limitations will run against a 2. When the act of limitations once begins to LOAN. 1. When a loan of slaves will be deemed a M MANDAMUS. 1. When it may be awarded to compel the MANUSCRIPTS. See ACTS OF ASSEMBLY, No. 1. MINISTERIAL ACT OF COURTS. 1. The admission of a deed to record is a MINUTE-BOOK. See AMENDMENT, No. 1. 1. On whose behalf a motion lies against the 2. The remedy, by motion, for the sums ap- 6. N obligor was not insolvent. Stuart-105. Goodall NEGRO OR MULATTO. See SLAVES. 1. Where a negro or mulatto, claiming freedom, obtains an injunction to prevent his or her being carried out of the Commonwealth before the controversy be decided; the Court will order the plaintiff to be kept and maintained by its officer, during the controversy, unless the defendant will give bond and security for his or her forthcoming; which if he fails to do, he will be answerable to the officer for the plaintiff's expenses, notwithstanding the suit should be decided in his favour. Surah v. Henry-19. NEW TRIAL. 1. In what case a Court of Equity will grant a new trial of the issue in an action of trespass. See EQUITY, No. 6. See ISSUES OUT OF CHANCERY, No. 1. NOTICE. 1. To legatees or distributees is necessary previous to the settlement of an administration account by commissioners in Chancery. Campbell and Wife v. Winston and others-10. 2. See PURCHASER, NO. 2. 3. When to be given, on proving exhibits at the hearing. See EXHIBITS. 4. A motion may be made to the Court by a party to quash an execution, or to direct the clerk to issue one, (where he refuses,) without any previous notice. See EXECUTION, No. 6. 5. See DEPOSITIONS, No. 4. NUDUM PACTUM. 1. Under what circumstances a promise in writing will be considered merely nudum pactum, and will not be enforced even in equity. Chandler's Ex'x v. Hill, &c. Ex'rs of Neale—124. 2. A trust created by will for the payment of debts, by a general direction that all the testator's debts shall be paid, extends only to such as he is bound in conscience to pay; therefore an undertaking which is merely nudum pactum is not comprehended, and may be barred by the act of limitations. Ibid. NULLA BONA. 1. The return of, upon an execution in favour of the assignee of a bond against the obligor, is sufficient to charge the assignor, so that no proof can be admitted that the OBLIGATION. See BOND. JOINT OBLIGATION, OBLIGOR. See ASSIGNMENT. BOND. JOINT OBLIGATION. ORDER BOOK. See AMENDMENT, No. 1. OYER. See BOND, No. 10 P PAROL EVIDENCE. See EVIDENCE. SPECIFIC PERFORM ANCE. PARTIES. 1. Who are proper parties to a bill for discovery of assets. See EXECUTORS AND ADMINISTRATORS, NO. 1. 2. How far a verdict shall be evidence be tween the parties, or their privies. See VERDICT, No. 1. 3. In a bill to foreclose a mortgage, the de visees of the land mortgaged ought to be parties, and not the executors of the mortgagor, Graham's Ex'rs v. Carter -6, 4. R. C. and others being tenants in common of certain lands, and R. C. having sold a part thereof to E. W. and others, a decree for partition obtained by the other tenants against R. C. in a suit commenced subsequently to the sale, is no evidence in their favour, in an action of ejectment brought by them against the vendees, who were no parties to the suit for parti tion. Carter v. Washington and others the general character of representatives. Turpin, &c. v. Thomas's Representatives -139. note (1). 7. A party may, without any previous notice, move the Court to direct the Clerk to issue an execution, or may move to quash one; and it will be so far considered a cause depending, that either party may take an appeal. The Commonwealth v. Hewitt-181. 8. A deposition cannot be read to affect the interest of any party to whom no notice of the time and place of taking it had been given. Stubbs v. Burwell–536. 9. See WITNESS, No. 5. 10. At what stage of the proceedings new parties may be admitted, in a contest about a will. See WILLS, No. 4. 11. Every partner ought to be made a party in a suit for settling the accounts of the copartnery. Waggoner v. Gray's Adm'rs -603. PARTNERS. 1. See AWARD, No. 2. 2. In settling the accounts of a mercantile concern, in a controversy between the partners only, it is sufficient to examine and state the books of the copartnery, without requiring vouchers in support of each specific item. Fletcher v. Pollard -544. 3. The answer of one joint partner, in the name of both, deemed sufficient, the complainant having filed a general replication, and taken no steps to compel an answer from the other partner. Freelands v. Royall, &c.-575. 4. In a suit for settling the concerns of a copartnery, every partner ought to be made a party; and one partner, though not a party to the suit, cannot be a witness for another, so as to charge their companion, in relation to the partnership. Waggoner v. Gray's Admʼrs-603. PATENT FOR LANDS. 1. May, under circumstances, be presumed to have formerly issued; of which cir cumstances, and of the conclusion to be drawn from them, it is the province of the Jury, and not of the Court, to judge. Archer, Adm'r of Tanner, v. Saddler 370. 2. In this case, the circumstance of upwards of sixty years peaceable and uninterrupted possession in the caveator, and those under whom he claimed, together with the payment of quit-rents before, and taxes since the revolution, was considered as sufficient ground for such presumption. Ibid. 3. An administrator with the will annexed, being in possession of lands therein di 1. See ATTACHMENT, No. 3. 2. How a plea in abatement to an attachment ought to conclude. See ATTACHMENT, No. 4. 3. A general demurrer to a plea in abatement ought to be sustained, though the plea be defective in point of form only. Mantz v. Hendley-308. 4. The plea that the defendant never absconded is a plea in abatement. Ibid. 5. What matters in bar of a writ of supersedeas ought to be pleaded. Hite's Heirs v. Wilson & Dunlop-268. 6. The Clerk's stating on the record, "which "pleas the plaintiff's join," &c. is not a joining of issue. Ibid. 7. In a writ of right, all the pleadings must be in writing, and at full length; and, therefore, in this case, the defendant having put in as a plea the words "usual plea," it was decided that no issue was joined; and, after a verdict for the defendant, a repleader was awarded. Taylors, &c. v. Huston-161. 8. In debt on a Sheriff's bond, the declaration, charging that he failed to pay the taxes on demand, instead of at the time appointed by law, was held sufficient, after verdict. Winslow and others v. The Commonwealth-459. 9. What averments necessary in a bond given in the alternative to pay a specified sum, or such further sum as would be sufficient to purchase as much property as such specified sum would purchase at a period antecedent to the date of the bond. See BOND, Nos. 16, 17 PRACTICE. 1. In ejectment, on the death of the lessar for the plaintiff, security for costs must be given. Carter v. Washington, &c.-31. 2. What steps may be taken where, a decrec having been entered for the sale of mortgaged property, a person not a party to N obligor was not insolvent. Stuart-105. Goodall NEGRO OR MULATTO. See SLAVES. 1. Where a negro or mulatto, claiming freedom, obtains an injunction to prevent his or her being carried out of the Commonwealth before the controversy be decided; the Court will order the plaintiff to be kept and maintained by its officer, during the controversy, unless the defendant will give bond and security for his or her forthcoming; which if he fails to do, he will be answerable to the officer for the plaintiff's expenses, notwithstanding the suit should be decided in his favour. Sarah v. Henry—19. NEW TRIAL. 1. In what case a Court of Equity will grant a new trial of the issue in an action of trespass. See EQUITY, No. 6. See ISSUES OUT OF CHANCERY, No. 1. NOTICE. 1. To legatees or distributees is necessary previous to the settlement of an administration account by commissioners in Chancery. Campbell and Wife v. Winston and others—10. 2. See PURCHASER, No. 2. 3. When to be given, on proving exhibits at the hearing. See EXHIBITS. 4. A motion may be made to the Court by a party to quash an execution, or to direct the clerk to issue one, (where he refuses,) without any previous notice. See EXECUTION, No. 6. 5. See DEPOSITIONS, No. 4. NUDUM PACTUM. 1. Under what circumstances a promise in writing will be considered merely nudum pactum, and will not be enforced even in equity. Chandler's Ex'x v. Hill, &c. Ex'rs of Neale—124. 2. A trust created by will for the payment of debts, by a general direction that all the testator's debts shall be paid, extends only to such as he is bound in conscience to pay; therefore an undertaking which is merely nulum pactum is not comprehended, and may be barred by the act of limitations. Ibid. NULLA BONA. 1. The return of, upon an execution in favour of the assignee of a bond against the obligor, is sufficient to charge the assignor, so that no proof can be admitted that the OBLIGATION. See BOND. JOINT OBLIGATION OBLIGOR. See ASSIGNMENT. BOND. JOINT OBLIGATION. ORDER BOOK. See AMENDMENT, No. 1.OYER. See BOND, No. 10 Р PAROL EVIDENCE. See EVIDENCE. SPECIFIC PERFORM ANCE. PARTIES. 1. Who are proper parties to a bill for discovery of assets. See EXECUTORS AND ADMINISTRATORS, No. 1. 2. How far a verdict shall be evidence be tween the parties, or their privies. See VERDICT, No. 1. 3. In a bill to foreclose a mortgage, the de visees of the land mortgaged ought to be parties, and not the executors of the mortgagor, Graham's Ex'rs v. Carter -6, 4. R. C. and others being tenants in common of certain lands, and R. C. having sold a part thereof to E. W. and others, a decree for partition obtained by the other tenants against R. C. in a suit commenced subsequently to the sale, is no evidence in their favour, in an action of ejectment brought by them against the vendees, who were no parties to the suit for parti tion. Carter v. Washington and others |