Gracie v. Palmer. 8 W. court of Pennsylvania. It did not appear that the defendants were inhabitants of, or found in the district of Pennsylvania, at the time of serving the writ; and he therefore contended, under the 11th section of the Judiciary Act of 1789, c. 20, (1 Stats. at Large, 78,) that no civil suit could be brought against them by original process in that district. MARSHALL, C. J., stated that the uniform construction, under the clause of the act referred to, had been, that it was not necessary to aver, on the record, that the defendant was an inhabitant of [*700] the district, or found therein. That it was sufficient if the court appeared to have jurisdiction by the citizenship or alienage of the parties. The exemption from arrest in a district in which the defendant was not an inhabitant, or in which he was not found at the time of serving the process, was the privilege of the defendant, which he might waive by a voluntary appearance. That if process was returned by the marshal as served upon him within the district, it was sufficient; and that where the defendant voluntarily appeared in the court below, without taking the exception, it was an admission of the service, and a waiver of any further inquiry into the matter. Motion denied. INDEX. ABATEMENT. 1. The 31st section of the Judiciary Act, (1 Stats. at Large, 90,) does not enable the demandant in a real action to prosecute it against the heir of the tenant who dies before judgment, and the suit abates. Macker's Heirs v. Thomas, 314. 2. If judgment is rendered against the heir, he may reverse it by a writ of error, though he did not assign for error in the court below, that the suit was abated. Ib. EXECUTORS &c. 5. ACCOUNT. ACTION. An action at law will not lie in the circuit court of the United States for the District of Columbia, to recover a sum of money decreed to be paid by the same court sitting in equity. Hugh v. Higgs, 546. AGENT, 5; BILLS OF EXCHANGE, &c. 8; PRACTICE, 1. ADMIRALTY. 1. In all proceedings in rem, on an appeal, the property follows the cause into the circuit court, and is subject to the disposition of that court. The Collector, 58. 2. But it does not follow the cause into the supreme court, on an appeal to that court. Ib. 3. After an appeal from the district to the circuit court, the former court can make no order respecting the property, whether it has been sold, and the proceeds paid into court, or whether it remains specifically, or its proceeds remain, in the hands of the marshal. Ib. 4. It is a great irregularity for the marshall to keep the property or the proceeds thereof in his own hands, or to distribute the same among the parties entitled, without a special order from the court; but such an irregularity may be waived by the assent and ratification of all the parties interested, if there be no mala fides. Ib. APPEAL, 3; CONSUL; PRACTICE, 2. 3. ADVERSE POSSESSION. AGENT. 1. A naked power inter vivos to convey property not coupled with an interest, though irrevocable by the donor of the power, by reason of a contract not to revoke it, 2. By the phrase "coupled with an interest," is not meant an interest in the exercise 4. Where an agent effected two policies of insurance, and gave his own note for the 5. A consignee abroad having purchased a return cargo, and consigned it to the prin- 6. In that action, the defendant can not recoupe damages for breach of his orders. ASSIGNMENT, 2; Prize, 15. ALIEN. 1. British subjects born before the Revolution are incapable of inheriting or transmit‐ 2. Both the treaty of peace with Great Britain of 1733, (8 Stats. at Large, 80,) and 3. Alienage being proved, the fact that the alien acquired real estate many years since, CONSTITUTIONAL LAW, 2; CORPORATION, 3. AMENDMENT. PRACTICE, 2. 3. ANSWER. EQUITY. APPEAL. 1. A decree of the highest court of equity of a State, affirming the decretal order of an 2. An equity suit, where an appeal has been taken from the circuit court to this court 3. An admiralty suit, where an appeal has been taken from the circuit court to this 121. 4. This court will not grant a rehearing in an equity cause, after it has been remitted ADMIRALTY; INTEREST. APPEARANCE. BAIL; Courts OF THE UNITed States, 7; Judgment, &c. 3. ARBITRATION AND AWARD. BAIL, 2. ARREST. INSOLVENT DEBTOR, 2; PARLIAMENTARY LAW, 2. ASSIGNMENT. 1. A conveyance of property by a forger of notes to a trustee, for the benefit of the 2 The assignor having selected the assignee, and made the conveyance to him without 3. An assignment of a policy of insurance, will entitle the assignee to receive from the 4. It is not necessary that the assignment should be accompanied by an actual delivery Ib. 6. But, on such a bill, those of the co-defendants who fail in establishing any right to ATTACHMENT. 1. Under the act of assembly of Maryland of 1795, c. 56, if the defendant appears, and 2. But where the plaintiff is entitled to a stipulated sum of money, in lieu of a specific BAIL. 1. Under the act of assembly of Virginia, the defendant may enter special bail, and inquiry executed; and the appearance of the defendant, or the entry of special bail, BANK. 1. A banking corporation, created by the legislature of Louisiana, is capable of making 2. The cashier of a bank is its executive officer, by whom its debts are received and The Bank of the promissory note. EVIDENCE, 5; UNION BANK OF ALEXANDRIA. BANK OF THE UNITED STATES. United States is not restrained by its charter from purchasing a BILLS OF EXCHANGE AND PROMISSORY NOTES. 1. No protest of a promissory note is necessary, by the common law. Young v. 2. A protest of an inland bill or promissory note is not necessary, nor is it evidence 3. The following undertaking of the indorser of a promissory note: "I do request 4. Where the second day of grace falls on Saturday, it is the last day of grace; and 5. Notice to the drawer, by putting the same into the post-office, where the persons 6. After demand upon the maker of a note, on the third day of grace, notice to the 7. Evidence of a letter, containing notice, having been put into the post-office, 8. Though an indorser of a negotiable note may ordinarily be declared against in an 209. 9. The words "ne varietur," written on a negotiable note by a notary, do not restrain BANK OF THE UNITED STATES; COURTS OF THE UNITED STATES, 4; Evi- |