« 이전계속 »
Court, and such attachment may issue
sum of money pursuant to an award,
394 1. The Court will always give relief in a
summary way, where a party would be
Lifter, One, 8c. v. Mundell, E. 39 Gen.3.
1. If a power of a public nature be com-
mitted to several who all meet for the
purpose of executing it, the act of
the majority will bind the minority.
Grindley and Another v. Barker and
Others, E. 38 Geo.3.
See AFFIDAVIT to hold to bail, No.2.
clusive evidence on a taxation by the Ball Bond,
49 der the 34. G.3: 6.9. 87. on the
(unless an attorney of K. B. or Soli- Holland. Pieters and Another 1.
businels, and goes to Hamburgh, the
cohabits with another man, and trades
on her own account with the plaintiff
by whom she is arrested: under these
discharge her on a common appearance
on the ground of her coverture,although
the Plaintiff appear to have been
acquainted with it. De Gaillon v. V. 12. Bail were allowed to justify after the
rule on the Sheriff to bring in the body
M. 39 Geo.3
and the Defendant is surrendered on lodging in one place, and keep a house
32 14. The Court allowed the Defendant to
four days after the return of that writ, lued againft the Sheriff, but gave leave
have been indemnified by the Defen- the ground of infancy. Madot v. Eden,
fill v. Hopley, M. 38 Geo. 3. 103
See PRACTICE, No. 8.
is a fufficient performance of the con-
dition of the bail bond without putting
225 tion, one of whom proves to be clerk
ap- in a low situation, Plaintiff may take
misnomer in the bail piece. Anderson
v Noah, E. 37 Geo. 3.
purchase-money, refold it to B., who
never took actual poffeffion, but de-
mised it to him for three years; during
that time A. became bankrupt, and the
aslignees having feized the plant in
his possession under 21 Jac. i, it was
held a good defence to an action of
trover brought against them by B.
Bryfon v. Wylie, H. 24 Geo.z. B. R.
6. If any one of the creditors, though
without the privity of the bankrupt,
be induced by money to sign the cer-
tificate, it is void. Holland v. Pele
7. If a Plaintiff become bankrupt after a
nonsuit at Nifi Prius, and before the
judgment of nonsuit, the costs of the
Watts v. Hart, M.
38 Geo. 3.
8. It is no objection to a commission
of bankruptcy that is was sued out
with intent to defeat a previous exe-
cution, if no collusion appear on the
in the hands of a third person be given fgnee, &c. v. Edmondfon, H. 39 660.3.
Forler v. Down, E. is afterwards avoided by a commission
44 of bankruptcy, trover 'may be main-
taken in execution by a creditor, and either the goods or their value from
appearance to be entered on the
Biggs and Another, T. 37 Geo. 3. 82 der a commission of bankruptcy issued
goods, and appear to have the order E. 39 Geo. 3.
87 he has not pleaded his certificate ac-
oppose it, is always evidence of owner- One, 8c. v. Mundell, E. 39 Geo. 3. 4??
of B., and being unable to pay the
13. But if any thing be alleged to invali- BILL OF EXCEPTIONS,
to be included in the taxation of costs
Page 427 there. Gardner . Baillie, E. 37 Geo.3.
obtained his certificate under a second
BILL OF LADING,
See CONSIGNMENT, No. 1.
BILL OF PARTICULARS,
See PARTNERS, No.1, 2.
A note payable' on demand with inte-
reft, drawn by A. in favour of B. as a
security for a debt, was by him indorsed
to C. for the fame purpofe: after the
indorsement, it pafled backwards and
forwards between B. and C. several
times, and previous to its being ulti-
mately deposited with C. he received
an intimation from B. not to negociate
it, as the latter would want it when he
settled accounts with A.; held that C.
could not, after a fettlement of accounts
between A. and B.without a re-delivery
of the note, recover on it against A.
Roberts and Others, Algnees, &c. v.
Eden, E. 39 Geo. 3.
2. For it was deposited as a pledge, and
therefore subject to the fame equity as
if remaining in the hands of the original
with B. his banker, to be by him re-
ceived when due, and the latter raise
money upon the bills by pledging them
with C. another banker, and afterwards
become bankrupt; A. cannot maintain
trover against C. for the bills. Collins
v. Martin, H. 37 Geo.3.
4. Notice of non-payment of a bill by the
acceptor need not be given to the
drawer, if the latter have no effects in
the hands of the former; though the
indorfer have. Walruyn v. St. Quintin,
5. If the holder, after protest for non-
See ATTORNEY, No.2.
CESTUY QUE TRUST,
ib. See PLEADING, No.5.
ib. See REPLEVIN, No.1, 2.
a common, the commoner has no right
to abate them, though there be not a
fufficiency of common left: his remedy
is by action. Kirby v. Sadgrote, in
Error, E. 37 Geo.3.
2. But if the lord fo plant as to deftroy
the common, such an act would be con-
fidered as a nuisance, and the com-
moner might abate. ib.
Hogan v. Page, M. 39 Geo.3. 337 mon recovery that the order of the
at bar, varies from that in the dedimas.
mon recovery. Cross v. Pead, M.
fuffered to pafs unless the taking of the
warrants of attorney be before one of
the Justices or Barons of the Courts
at Westminster, or one of the Serjeanto
at Law, unless an affidavit be filed ftat-
fame, are, to the best of the Defendant's
information and belief, either barrifters
of five years ftanding, or solicitors orat-
torneys offome of the Courts at Weftmix-
fter, the Judges of the Court of Seffion