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RULES OF COURT.

SHERIFF.
1. Rules in partition. Seaman v.
Dwenport, 7; Neilson v. Cox, 121 1. A former sheriff, after a lapse of

2. Rule as to non-enumerated and five years, will not be ordered to
enumerated motions,

194 amend his return, according to the
3. Rules as to admission of persons truth of the case, by stating that the
as counsellors,

194 defendant had escaped from prison,

if it was at the time when many others
forcibly broke out. Potter v. Briggs,

57
2. The court will not grant a rule
against a sheriff to show cause why

an information should not be filed
SCIRE FACIAS.

against him for false swearing, on a

plea of retaking and fresh pursuit, if
See PRACTICE, 44.

it appear that the prisoner had before
broken his bonds, and an action be

pending for the scape. The People v.
SEAWORTHINESS. | Dole,

181

3. If a levy be made on lands, the
1. If the facts given in evidence sheriff will be entitled to his pound-
manifestly show a want of seaworthi-age on the sum endorsed, though, in
ness, and the jury find against him, consequence of a compromise, he do
the court will set aside the verdict, not sell. Hildreth v. Elice, 192
notwithstanding the jury, at the time
of giving, declare they rest their de. See ESCAPE, 1, 2; PRACTICE, 11.
cision on the whole matter in evidence.
Mumford v. Smith,

620

SHIPOWNER.
See INSURANCE, 1, 8, 11, 12.

See CARRIER, 1; INSURANCE, 11.

SEISIN.

SLANDER
Soe ESTOPPEL, 1; FORCIBLE ENTRY

AND DETAINER, 1; INTRUSION, 1; 1. In slander, for saying of the plain-
PEOPLE, 1; VENUE, L

tiff that be was perjured, and a par-
leicular perjury pleaded in justification,
STIPULATION,

the court will, on affidavit of the ab-|
sence of the witness, by whom it was
to be proved, give leave to amend by
pleading another perjury, on payment, TENANT IN COMMON.
of costs. Graham v. Woodhull, 497

See POSSESSION, 1.
See ACTION, 2 ; STRUCK JURY, 1, 2.

TENDER.
SLIPAGE.

See AGREEMENT, 1; INSURANCE, 11 ;
See CORPORATION, 2.

PLEAS AND PLEADINGS, 1.

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TRAVERSE.

See PRACTICE, 4, 43, 47.

See FORCIBLE ENTRY AND DETAINER, 1.

STRIKING OUT COUNTS AND

TRESPASS.
DEMISES.

1. Trespass will not lie against an See PRACTICE, 15. inferior officer for executing a war.

rant of distress on a house liable to

be assessed, though the assessment be STRUCK JURY. erroneous. Henderson v. Brown, 98

2. If a trespass be committed in a 1. If a cause be important or intri. town, which, before action brought, is cate, it is a cause for a struck jury. subdivided, it may be laid as in the But the cause ought to be at issue ut original township. Renaudet v. Crocksemb., and if the action be for words, en,

167 the truth of them ought to be denied. Spencer v. Sampson,

498 2. For want of these circumstances,

TRIAL a struck jury denied. Foot v. Croswell,

498 See PRACTICE, 3, 47, 56; Issue, 1;

Costs, 2.

SUPERCARGO.

TROVER

See INSURANCE, 11.

1. A right of privilege in a cargo

does not give such an interest as will/where lands lie io an action on a enable the purchaser of it to maintain covenant of seisin. C'larkson v. Gifforda trover, if the consignee has not assented to the selection of those parts 2. The venue will be changed in an which are purchased. Heyl v. Bur- action on a promissory note, if there ling,

14 be no opposition. Allen v. Brace, 107 2. Trover rests upon property and 3. The court will not charge the possession.

Ib. venue on an affidavit, saying there is

a party spirit in the country against

the person applying. Zobieski v. BauTRUST. der,

487

1. A trust in a will arises on the See ESCAPE, 1; PRACTICE, 46. word "desire." Van Dyck v. Van Bern ren & Vosburg,

84
VERDIOT AND SPECIAL VER-

DICT.
TURNPIKES.
See CORPORATION, 1; TOLLS, 1.

1. On a special verdict the court

will not intend anything which is not 1. If a turnpike act give the com

found. Jenks v. Hallett & Bowne, 60 pany power to erect a gate near a particular spot, they may place it on Seo PRACTICE, 10, 12, 63, 73, 94; SEAthe very intersecting spot of an old

WORTHINESS, 1. road, so as the gate be but near the place designated: for near is not Dearest. People v. Denslow,

177

W

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23, 56.

WAIVER.
VENIRE.

See BREACH OF ORDERS, 1; INSUR1. If the court of errors award a ANCE, 11, 13, 14; PRACTICE, 4, 22, venire de novo, it must be issued out to warrant a second trial. If the cause be tried without, it is a defect of record, not amendalic, and fatal in ar

WARRANTY. rest of judgment. But a motion may be made for an award of the venire See INSURANCE, 6, 8, 12, 15, 17, 18, 20. awarded. The court of errors has not any authority to award a venire out of this court. Livingston v. Rogers,

583

WARRANT OF ATTORNEY.

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WITNESS.

ment made after the money was doe. Baker & Rowlson v. Arnold

258 1. A witness released after his de- 6. A witness who has an order to be position taken, will not make his de- paid out of the sum to be recovered in position evidence. Heyl v. Burling, a suit, drawn upon the agent who is

14 to receive such gum, is not a compe2. A professional man, not employed tent witness, though the order is not by a party, is a good witness against accepted. Peyton v. Hallett,

363 bim, though his knowledge be derived 7. If a justice admit a plaintiff to in the course of business. Hoffman & testify in his own cause, the court will Seton v. Smith,

157 grant a rule or certiorari to have that 3. A surveyor, acting under an ap- matter returned, as the party apply. pointment by an attorney, is a good ing may be advised. Durkee v. Bracwitness without producing his ap- kett

,

601 pointment. An agent who has promised to refund money received on See PRACTICE, 60, 88. account of his principal, in case a verdict pass against him in any particular suit, is a good witness in that

WORDS. very suit. Renaudet v. Crocken, 167

4. In a qui tam action, under the See ACTION, 2 ; SLANDER statute of usury, brought after a lapse of a year, to recover the ex. cess interest paid, the borrower, after

WRIT, having discharged the principal, is a good witness. Petingal y, Brown, 169 See EVIDENCE, 3; PRACTICE, 29.

6. An attorney in a suit may be examined as a witness, to prove the state of an instrumont when put into WRIT OF INQUIRY. his hands. An endorser of a note is a good witness to prove the endorse

See IXQUEST.

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