INDEX. ABATEMENT. ACTION. 1. A covenant never to sue may be pleaded in bar; but a covenant not to sue for a limited time cannot be pleaded in bar of an action brought before such time has expired. In such case the remedy is by action for breach of the covenant. Guard v. Whiteside, 7. 2. The courts of this State will give the same faith and credit to judicial proceedings had in other States, as are given to them in such States. McJilton v. Love, 486. 3. The pendency of a suit in one State, cannot be pleaded in bar or abatement of a second action in another State, between the same parties and for the same cause of action. Ibid. 4. The pendency of a writ of error cannot be pleaded in abatement of another action in the same State, unless the writ of error operates as a supersedeas, nor even then if the writ of error was sued out after the commencement of the second action. Ibid. See APPEAL, 21. BANKS, 1, 2. PRACTICE, 10-12. ACTION ON THE CASE. See NEGLIGENCE. AFFIDAVIT. See ATTACHMENT. CONTINUANCE, 1-3. REPLEVIN, 1, 2. AGENT. 1. If a demand of property is made by an agent, unless the person on whom it is made has such evidence of the authority of the agent to make the demand, as would satisfy a prudent man, he is not bound to notice it. Ingalls v. Bulkley, 315. 2. The question of authority of an agent is proper to be submitted to the jury. Ibid. AMENDMENT. 1. The Circuit Court is invested with discretion, to allow amendments to a bill in chancery at any stage of the cause. Jefferson County v. Ferguson et al. 33. 2. The practice of amending affidavits for a continuance is discountenanced. McBain v. Enloe, 76. 3. Amendments will be allowed in proceedings in chancery, at the discretion of the court. McArtee v. Engart, 242. 4. The Circuit Court may, on an appeal from a justice of the peace, allow an amendment of the original summons; especially if there is any thing in the proceedings to amend by. Moss v. Flint et al. 570. 5. A mistake in the Christian name of a plaintiff may be amended. Ibid. See BOND, 6, 9, 10. REPLEVIN, 2. APPEAL. 1. An appeal lies only to a decree making a final disposition of the cause. Fleece v. Russell et al., 31. 2. An order dismissing a cross-bill is interlocutory. Ibid. 3. A party who has not been guilty of negligence, by omitting to take an appeal from the judgment of a justice of the peace in proper time, is entitled to take the cause to the Circuit Court, by certiorari. Cook v. Hoyt, 144. 4. Negligence is not attributable to a defendant who could not take an appeal in time, without omitting a paramount duty to others. Ibid. 5. On appeal from a justice of the peace, the jurisdiction of the Circuit Court is no greater than that of the justice. The People v. Skinner, 287. 6. A Circuit Court should dismiss a suit on appeal, if it appears that the justice of the peace had not jurisdiction of the subject-matter. Ibid. 7. A plaintiff in appeal cannot confer jurisdiction on the Circuit Court, by remitting a portion of the verdict. Ibid. 8. On appeal to the Circuit Court from the judgment of a justice, the jury found a verdict for plaintiff exceeding one hundred dollars; the plaintiff offered to remit, and reduce the verdict to that sum: Held, that the Circuit Court was not bound to enter a judgment for the one hundred dollars; and that plaintiff was not entitled to a judgment. The proper practice in such case, would be for plaintiff to move for a new trial. Ibid. 9. Where an appeal to this court is granted within thirty days next before a term, the appellant cannot, by filing the record at the next term, compel the appellee to join in error at that term; the appellant has, until the second term, to file the record, and the rights of the parties ought to be reciprocal. Hagar v. Phillips, 292. 10. The admission of a party, in an action before a justice of the peace, that a claim produced against him is correct, is not a confession of judgment; he may prove payment, a set-off, &c., and such admission will not deprive him of his right to appeal. Campbell v. Randolph, 313. 11. In an action of trespass for shooting steers, the defendant on the trial admitted the trespass, and proposed taking the steers at their value, to be assessed by the jury; which having been done, he took the steers and disposed of them; this did not estop him from taking an appeal. Weir v. Stephenson, 374. 12. Where there is no bill of exceptions in a case, and neither the summons nor any part of the record, upon a proceeding before a justice of the peace, discloses the nature of the action, this court cannot inquire whether the Circuit Court properly dismissed an appeal or not. Edwards et al. v. Vandemack, 633. 13. Whenever it is made to appear to the Circuit Court, that an appeal from a justice of the peace is improperly depending before it, it is the duty of that court to dismiss it. Ibid. 14. The right of appeal from an inferior to a superior tribunal, for the purpose of obtaining trials de novo, is unknown to the common law, and only exists where it is expressly given by statute. Ibid. 15. The statutory provision, that "appeals from judgments of justices of the peace to the Circuit Court, shall be granted in all cases, except on judgments confessed,” has reference to judgments in civil proceedings, where the action is brought to redress some private injury, and embraces all such cases, whether the jurisdiction is conferred by the same general act, or by other statutes passed either before or since. Ibid. 16. Affidavits copied into the transcript by the clerk, form no part of a record, unless they are contained in a bill of exceptions. Ibid. 17. An appeal does not lie to the Circuit Court from the decision of a justice of the peace, for a penalty, under the "Act to prohibit the retailing of intoxicating drinks," approved April 18th, 1851. Ward v. The People, 635. 18. The Circuit Court has not inherent power to entertain appeals from inferior tribunals. Ibid. 19. Where but one trial is provided by law, such trial is final. Ibid. 20. The right to appeal under the fifty-eighth section of chapter fifty-nine of Rev. St., does not apply to judgments rendered by justices of the peace in criminal prosecutions, for fines, penalties, or offences, which are criminal in their character. Ibid. 21. A party who commences suit before a justice of the peace, may dismiss his suit after appeal in the Circuit Court, even though the defendant obtained a judgment in his favor against the plaintiff; but he must dismiss the suit at his own costs. Shaffer v. Currier, 667. 22. The judgment before the justice was opened by the appeal, and, as a matter of course, the judgment fell with the dismissal of the case. Ibid. See ARBITRAMENT AND AWARD, 2, 3. BOND. ROADS. APPEARANCE. See PRACTICE, 10-12. APPORTIONMENT. See RENT. ARBITRAMENT AND AWARD. 1. A valid award has the force of an adjudication, and effectually concludes the parties from litigating the same matters anew. Rogers v. Holden, 293. 2. An appeal is allowed from the judgment of a justice of the peace, founded on an award, not for the purpose of allowing a party to go behind the award, but any legal defence to it may be insisted upon, and if it is invalid, the parties will be remitted to their original rights. Ibid. 3. The case of Van Winkle v. Beck, 2 Scammon, 488, overruled. Ibid. . 4. It is not competent to impeach an award in an action at law, by proof that the ARREST. See EXECUTION, 3. ASSIGNMENT. 1. The assignee of a judgment is subject to the same equities which, as to third par- 2. A junior judgment creditor cannot strengthen his rights by purchasing a senior 3. The assignee of a judgment takes it subject to all the equities subsisting between 4. A judgment cannot be so transferred as to vest the legal interest in the assignee, See MORTGAGE. ASSUMPSIT. Assumpsit is not the proper remedy to recover for a bolting-cloth, alleged to have See CITY OF ALTON. ATTACHMENT. Where it is stated in an affidavit for an attachment, that a party was removing and |