Gambar halaman



page 508



See Bills AND Notes, VI.

I. Plea in.
1. Allowed under special circum-

I. Action of account. stances, after the four days have 1. Action of account, proceedings in, elapsed. Sowter v. Dunstan, M. 8 and advantages of.

page 238 (6) G. 4.

II. Account stated. 2. As for a married woman to plead 2. Action for the balance of an accoverture in an action of trespass. count between partners.

ibid. 510 3. Compulsory admission of an ac3. Upon issue joined on a plea in

count will not support a count upon abatement, the court will not post

an account stated.

518 pone the trial at the instance of the

4. An acknowledgment, to support a defendant. Wade v. Birmingham,

count upon an account stated, must H. 60 G.3, & 1 G. 4. Ill n.

admit a subsisting debt. Tucker v.

Barrow, H. 8 & 9 G. 4. 518 ABUTTALS.

5. Infant not bound by an account See BOUNDARY.-Termini.


522 (a). ACCEPTANCE.

I. Of bills by procuration.

See 78
II. Supra protest.

And see BILLS AND Notes, IV.

I. In what cases maintainable. 1. Nature of liability in England of See Account, 2,3,1.-AGREEMENT, 4. an acceptor for the honour of the -ARBITRAMENT, 2.-ARREST, 2. drawer.

394 -DEBT, 2. 2. In other countries. 395 (a),

II. Joinder in action. 398 (a), 399 (a) 1. By tenants in common, for rent or III. Of a promissory note.


526 (a) See Bills And Notes, 16. 17. 3. A banker's interest deposit note ACTION ON THE CASE.

need not be left for acceptance. I. Injuries to the person. Sutton v. Toomer, M. 8 G.4. 125

1. Action for a malicious prosecution 4. Meaning of term" acceptance" in not barred by a rule absolute for a banker's deposit note. 128

a criminal information against deIV. Of a charter.

fendant. Caddy v. Barlow, M. 8 See CHARTER I. G. 4.


II. Injuries to real property. assignment of a public-house lease, As to removing party-walls, see 404.

subject to a net yearly rent, and to

common and usual covenants, the ADDITION.

party cannot refuse to accept an See LABOURER, 1.

assignment, on the ground of a co

venant, on the part of the tenant, ADMISSIONS.

to pay sewers' rates and land tax. Sce ACCOUNT, 3.-EVIDENCE, 19.

Bennett v. Womack, H.8 & 9 G. 4.

page 644 INTEREST, 1.-PARTNER, 1.-Re

4. It is no defence to an action on an Lier, 1.-SETTLEMENT, 3.

agreement to accept an assignment AD VALOREM.

of the lease of a public-house, that See ARBITRAMENT, 1. - INCLOSURE

the lease contains a proviso for reActs, 2.

entry, in the event of the premises

being applied to the carrying on of ADVOWSON.


business except that of a vicSee Deeds, 2.--QUARE IMPEDIT. tualler, where it is proved that the

major part of such leases contain AFFIDAVIT.

such a proviso, and where no objecI. To hold to bail.

tion is taken on this ground until the trial.

644 1. An affidavit of debt on an award

5. Whether a contract for a partnerdirecting money to be paid by defendant to plaintiff on demand, omit

ship is necessarily an agreement,

where the matter thereof is of the ting to allege a demand, is bad. Driver v. Hood, M. 8 G. 4. 324

value of 201. or upwards," within 2. Where sufficiently certain.

263 (6) the Stamp Act, quære.

II. For other purposes.


1. As to what words in a charter cre. AGENT.

ating a superior order of corpora

tors shall be considered as constiSee AUCTIONEER, 1. LIEN, 3.

tuting them aldermen, see Rer v. POWER OF ATTORNEY.

Heudley, H. 8 & 9 G. 4. 345

2. Alderman not necessarily a justice. AGREEMENT.

369 See Evidence, 9.-STAMP, 3.

I. Where legal

I. Patent.
1. A contract of hiring and service

1. Instance of patent ambiguity, may be lawfully made on a Sunday.

124 (a) Rer v. Whitnash, M. 8 G. 4. 452

II. On whom binding.

2. An agreement between vendor and

And see 176 (6).
vendee of a chattel, that the former
may resume the possession if the

price be not duly paid, is a personal 1. Defective declaration for. 286 (a)
contract, not binding on the alienee
or on the personal representative of

ANNUITY. vendee. Howes v. Ball, M.8 G.4. 1. Remedies of annuitant in respect of


land devised by grantor. III. Construction of.

1. Where an annuity is created by 3. Under an agreement to accept an will, and charged upon lands which

the testator devises for life, with


page 324

page 41

remainders over, the tenant for life II. Construction of award. and the remainder-men are charge- | 2. On an award directing money to able only for the portions of the be paid by defendant to plaintiff on annuity accruing in their respective demand, no action lies until after times, and the annuitant has no an actual demand. Driver v. Hood, remedy against the first remainder- M. 8 G. 4. man for arrears incurred during the

III. Action on award. estate for life. Morrant and Wife 3. Upon nil debet pleaded in an action v. Gough and another, M. 8 G. 4.

of debt by A. and B. against C., 2. Nor are devisees of particular es

upon an award, where the submis

sion was by A. and his wife, and tates liable for any portion of

B., on the one part, and by C. and the annuity accruing after their

D. jointly and severally, on the own times, in respect of surplus

other part, the execution of the rents or profits received by them

submission by the wife of A. by B. beyond the amount of the annuity:

and by D. must be proved. Ferrer Ibid. v. Oren, M. 8 G. 4.

222 3. Writ of annuity does not lie against devisee of grantor, semble. 48

IV. Action on arbitration bond.

4. But in an action on the bond of APPEAL.

submission it lies on the defendant I. Where a proper remedy.

to discharge himself by shewing a

performance of the condition; and See Justices, I.–TURNPIKE Roads, 2.

ibe concurrence of all requisite 1. Against a conviction for not doing

parties must be averred by the destatute labour. 110 fendant.

227 (d) II. Who may be an appellant.

ARREST. 2. Where a statute gives a right of appeal against acts dove in pur

See Affidavit, 1.--COMMITMENT, 1,

2. INSOLVENT DEBTORS, 3. suance thereof to “parties aggrieved" by such acts, the notice of ap

TRESPASS, 2. peal must state that the appellant

1. Who liable to. is a party aggrieved by the act of

1. An Irish peer who bas voted at the which he complains. Rer v. Jus- election of representative peers tices of Yorkshire, H. 8 & 9 G.4.

cannot be arrested. Coutes v. Lord 547

Hawarden, M.8 G. 4. 110 APPRENTICE.

II. What shall amount to an arrest. See Evidence, 8.-SETTLEMENT I.

See 213 (6).
J. Who considered as such.

III. Terms of summary relief. 1. An attorney's articled clerk cannot

2. A party relieved from an illegal claim the freedom of a corporation,

arrest upon motion must underas an apprentice to a trader. Rex

take not to bring any action for the v. Doncaster, H. 8 & 9 G.4. 545

arrest. Driver v. Hood, M. 8 G.4.


See Evidence, 18. — INSOLVENT

See Trespass, 1.
I. Award, how stamped.

ASSIGNEES. 1. No instance of putting an ad ralo- See ATTORNEY, 5.- BANKRUPT, III. rem stamp on an award. 715

Certificate, I.




them :-Held, that C. cannot sue I. Qf term of years.

A. and B. for his bill of costs. See AGREEMENT, 2, 3.

Milburn v. Codd, M. 8 G. 4. 238

5. An attorney cannot recover from .. ASSISTANT OVERSEERS.

the assignee of an insolvent debtor,

the amount of a bill of costs incur. See OVERSEERS, 2, 3.

red in proceedings requiring the

consent of a meeting of creditors, ASSUMPSIT.

without proving that such consent I. Where the proper form of proceeding. was obtained, or that the client was See ExECUTORS AND ADMINISTRA- informed he was proceeding at bis TORS, 1, 2.

own risk. Allison v. Rayner, M. 8 G. 4.


6. Whether an attorney's bill conI. Against sherif

taining the particulars of charges See PRACTICE, 4.

in an action A. v. B., and then

'stating “ A. v. C. tbe like costs in ATTORNEY.

this action as in A. v. B., although

the proceedings were considerably See APPRENTICE, I.-- POWER OF AT

longer," is sufficient, quære. Ibid. TORNEY, I.

7. As to mistakes in an attorney's bill, I. Duty of attorney.

245 (6) 1. A. delivered papers to B., an attor

III. Remedy of creditors against. ney, telling bim“ that she was en

8. Liability of an attorney to be made titled to an estate, and that she


546 (a) would

pay him if she recovered it." B. took the papers, saying, " that

IV. Remedy of client against. he would do what he could for her,"

9. An attorney, when ordered to deliand without further communication ver up the papers of bis client, must commenced an action of ejectment,

deliver up the drafts of deeds for which he afterwards abandoned,

which he has cbarged and been under the conviction that A. had

paid, as well as the deeds them. no title: -Held,' that B. acted

selves. In re Horsfall, M. 8 G. 4. without due authority, both in

306 commencing and discontinuing the

10. Acknowledgment by attorney that ejectment, and was not entitled to

he has received certain deeds rerecover the costs 'thus incurred

quires no stamp.

526 Tabram v. Horn, M. 8 G. 4. 228 11. Liability of an attorney for neg. 2. It is the duty of an attorney of a


230 (a) a trustee to see that his client pro- V. Remedy of strangers against. ceeds in such a way as to be entitled

12. Attorney committed for suing out to reimburse himself out of the

capias against a peer.

113 n. estate.

245 3. An attorney should take a written retainer.



285 (a) II. Bill of costs.

I. In what cases valid,
Vide suprà, 1.

1, An attorument applies to the con4. A joint stock company, in which tinuance of a subsisting tenancy.

4., B., and C., are shareholders, is Cornish v. Searell, H. 8 & 9 G. 4. dissolved; A. and B. being sued by

777 a creditor of the concern, employ 2. Sequestrators appointed by the C., who is an attorney, to defend Court of Chancery, under an execu

page 707

page 567

[ocr errors]

tion against the principal, cannot

BAIL. accept an attorument.

See 110. 11. Effects of

I. On mesne process. 3. Attornment does not take away See PRACTICE, 3, 4.-PROCEDENDO, I. the tenant's right of denying the

II. Hired. title of the party to whom he has at

1. Sbam bail in error may ibid.

be treated torned.

as a nullity, and execution may AUCTIONEER.

issue without applying to the court. I. Duty of

Bradley v. Gompertz, 7. 8 & 9 G.4. 1. Where an auctioneer sells an estate

BAIL-BOND. by public auction, and receives a deposit, it is his duty, to retain the

1. Time for proceeding on. deposit until the sale is complete,

See PRACTICE, 3, 4. and it is ascertained to whom the money belongs. Gray v. Gutte

BANKER. ridge, 1.8 & 9 G.4.


I. Deposit note.
II. Remedy against.

See BILLS AND Notes, 16, 17.--Evi2. Where an auctioneer selling an

DENCE, 13. estate by public auction, receives

BANKRUPT. the deposit, and signs an agreement to complete the sale, and the sale See CertiFICATE, 1.--CommITpot completed on account of a de


2. fect of title:--the purchaser may

1. Act of bankruptcy. recover the deposit in an action for

1. A trader absents himself from his money bad and received against the auctioneer, though the latter has

counting-house, and directs his paid it over to the vendor, without

clerk to say that be had been there notice from the purchaser not to do

during the time he was so absent.

This is evidence of an absenting so, and before the defect of title

ibid. was ascertained.

with intent to delay creditors. Shan

non v. Owen, in error. 392 (6) 3. An auctioneer signing a contract by which be agrees to complete the

2. But the intent is a question of fact for the jury,

ibid. sale agreeably to the conditions binds himself as a principal. ibid. 3. And if the judge decide that the

facts constitute an act of bankruptcy,

and a bill of exceptions be tendered, AUDITA QUERELA.

the court of error will award a re1. For plaintiff in error after reversal

nire de noro.

ibid. of judgment.


II. Form of commission. 2. As to the law and practice in au

4. Where a commission stated that ditá quereld, see the cases collected.

175 (d)

A. and B., bankers, being traders

according to the provisions of 6 G. AVERAGE.

4, c. 16, some time since became See GENERAL AVERAGE.

bankrupts, within the intent and

meaning of that statute:"-Held, AWARD.

a sufficient allegation that the bank

rupts had traded, and conmitted See ARBITRAMENT, I. II. III.

acts of bankruptcy, during the opeInCLOSURE Acts, I.

ration of that statute.

ibid. VOL. I.

3 A

« SebelumnyaLanjutkan »