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cancel it upon an event which has oc- have been substituted. Ruston v. Dun-
3. A cause in which the commonwealth
in the nature of a writ of conspiracy, ference, unless it is asked by the com-
4. A rule to shew cause of action is well
served upon the plaintiff's attorney.
5. The affidavit of a party may lay a
ground for a rule to shew cause, but it
cannot be heard upon the argument on
6. If to debt on a bond the defendant
pleads payment, and attempts to de-
feat the bond by giving evidence of
fraud, want of consideration, &c. but
shall be entered for the penalty, with
leave to take out execution in the first
instance, for as much as was due at the
commencement of the action. For •
plaintiff must move the court for exe-
cution, when the defendant may make
any defence other than tbat which has
been tried, and arising subsequent to
the suit. Sparks v Garrigues.
to a special jury, that the attorney
8. If the judgment of a justice of the
peace is affirmed in the common pleas,
ably to the rules of that court, the su-
preme court will not hear objections
to it. Dubosq v. The Guardians of the
37 it was not assigned at the time of filing
the motion, or of entering an appeal.
Grasser v. Eckart.
-*1. The rule of court requiring ten days'
notice in writing before the next term,
count is immaterial by the practice
appointment would be made, is not
See PRACTICE, 2. Costs, 2.
A party while attending an appeal from 1. A report of referees may without
consent of parties be sent back to the
must point out some plain mistake in
fact or in law, otherwise the court
will not investigate the merits of the
report. Lower Dublin School y. Paul.
3. Part of a report of referees
confirmed and the residue set aside.
But the court cannot strike out a part.
Woglam v. Burnes.
601 testimony, he must shew them what
it is, why he is not able then to pro-
duce it, and that he expects to obtain
it in a reasonable time. Latimer v.
5. If the oath directed by the act of 21st
March, 1806, to be administered to
referees, is dispensed with by the par-
ties, there is no necessity that their
award should be under seal. Graham
REGULATION OF LOTS.
walls of buildings erected conform- After the death of B. and C. the exe-
were the indorsers of a note which
was discounted by D. and which fell
due after their death, and was pro-
tested for nonpayment. The debt to
D. by B. and C. cannot be set off
nishee of A. to C.'s executors. A.'s
debt upon the death of B. and C. be-
came vested in their creditors gene-
rally, whose rights cannot be changed
by any subsequent proceedings be-
Cramond y. The Bank of the United
takes it subject to all defalcations to
which it was liable before the assign-
ment. Rousset v. The Insurance Com.
3. In a suit by the assignee of a policy
of insurance, the insurers may set off
a debt due by the assignor at the time
an open policy and the claim for a
See INSURANCE, 3.
See SHERIFF, 1.
The record of a judgment by a justice
of the peace still remains before him,
1. The sheriff cannot make a lumping
sale of distinct parcels of property
by an execution on land, pays off
misconduct of his officer in the exe-
See Orphan's Court, 2.
trade, who issue a foreign attachment
shew a particular warrant to the offi- signedly from the point in question,
5. To say of a man "he has sworn false"
is not actionable, the colloquium be.
ing of an extrajudicial affidavit before
a justice of the peace. Shaffer v. Kint-
6. Words laid in the second
supported by evidence that they were
spoken in the third. Tracy v. Harkins.
against a sheriff for the misconduct
A claim against an intestate's estate for
damages on account of the breach of
articles of agreement under seal, is a
debt by specialty within the meaning
19th April 1794. Frazer v. Tunis.
in the defendant's possession, the
and interest of the sum paid by him
to the United States. Champneys v.
SURETY OF GOOD BEHAVIOUR.
1. In an action of slander, the defendant
may give in evidence, in mitigation
though it charge that the defendant
actionable M Millan v. Birch. 178
and to the plaintiff before a church
1. The supreme court has no authority
to moderate or remit a recognisance
the constitution, to adopt it as a gene-
1. It is not essential to the validity of a
survey of a body of lands, that the
1. The record of the proceedings upon
an appeal from the circuit court,
General Wayne's treaty with the In-
given, is computed as one of the
lines of each tract should be marked
act of 3d April 1792, which excuses a
Lessee of Hazard v. Lowry. 166
legal authority, and the land surveyed
Lessee of MRhea v. Plummer. 227
location, is good against a person who
before the year 1767, on lands pur-
two warrants for 100 acres each. 246
issued from the land office of Mary-
If a deputy sheriff enters the house of
an administrator to look for goods of
A trust estate in Pennsylvania descends
in case of intestacy to the heir at
See EVIDENCE, 3.
Unless the surveyor marks all the lines
of each tract, in a body of lands, he is
See ExecuTOR, 3. 4.
1 A. as agent for B. and to secure a
debt due to him, takes a mortgage of