1. An action for money lent, or had and received, cannot be maintained on a collateral promise. Douglass v. Reynolds, 415.

2. The plaintiffs being British subjects, and resident in England, during the war between the United States and Great Britain, received an order from the defendants' firm, under which they purchased goods for the defendant's firm, and advanced the price to the vendors. The goods were not received by the surviving partner of the firm until after the close of the war. Held, that an action for goods sold and delivered would not lie against the surviving partner, and that the contract was illegal. Scholefield v. Eichelberger, 581.

DEBT; PARTNERSHIP; PATENT, 3; RENT, 2; REVENUE LAWS, 2; USURY.

ADMIRALTY.

If the local law gives a lien to material-men for repairs of a domestic vessel within the ebb and flow of the tide, it may be enforced in the admiralty. Peyroux v. Howard,

506.

STATE.

ADVERSE POSSESSION.

SEISIN AND DISSEISIN.

AGENT.
DEDICATION, 5.

ALIEN.

Aliens, resident in the United States, can sue in the courts of the United States. Breedlove v. Nicolet, 527.

DESCENT AND DISTRIBUTION; PLEADING, 6.

AMBASSADOR.

COURTS OF THE UNITED STATES, 3-7.

AMENDMENT.

LIMITATIONS, &c. 3-5; PLEADING, 5; PRACTICE, 3; WRIT OF Error, 10.

ANSWER.

PRACTICE, 2.

APPEAL.

1. If a circuit court entertain an appeal from a district court without jurisdiction, this
court, on appeal, will reverse the decree of the circuit court. United States v.
Nourse, 195.

2. No appeal is given to the United States from a decree of a district judge awarding an
injunction to stay a warrant of distress from the treasury, either by the act of May
15, 1820, (3 Stats. at Large, 592,) which confers the jurisdiction, or by the act of
March 3, 1803, (2 Stats. at Large, 244,) regulating appeals from final judgments
and decrees in district courts. Ib.

3. The second section of this act of 1803 made no change in the law respecting appeals
from district to circuit courts, except by reducing the matter in controversy neces-
sary for an appeal from $300 to $50. But it substitutes an appeal for a writ of
error, from the circuit to the supreme court, in admiralty, prize, and equity causes.
Ib.

4. Though seamen join in a libel in the admiralty, the matter in dispute is several with
each libellant, and the claimant can appeal only in regard to a separate demand by
a seaman exceeding the sum of $2,000. Oliver v. Alexander, 69.

5. Upon a bill in equity to obtain a decree for a sale of a lot of land to satisfy an
alleged lien by a deed of trust, the matter in controversy is the amount of the debt,
not the value of the land; so that the plaintiff cannot appeal if his debt claimed is
below the requisite sum. Farmers' Bank of Alexandria v. Hooff, 441.

6. Where the property condemned as forfeited, for an entry under a false denomina-
tion, was of greater value than $2,000, but, if the duties were paid and deducted
from the proceeds, less than $2,000 would remain
the property was the amount in dispute, and the
United States v. Eighty-four Boxes of Sugar, 541.

Held, that the whole value of
claimant had a right to appeal.

7. Where the record showed that no appeal bond was taken, the appeal was dismissed,
on motion. Boyce v. Grundy, 375.

8. Under the act of March 3, 1803, (2 Stats. at Large, 244,) an appeal, prayed after
the expiration of the term, must be proceeded with like a writ of error. Yeaton v.
Lenox, 157.

9. Where some of the defendants, who were united in interest under a decree, did not
join in an appeal, nor appear to have had notice and to have refused to join, the
appeal was dismissed. Owings v. Kincannon, 520.

10. The record stating generally that an appeal was claimed and allowed, and the ap-
peal bond, reciting that only two out of six defendants claimed and were to prose-
cute the appeal, the court considered this as explaining the general entry, and the
appeal was dismissed. Ib.

Courts of the United States, 12; MANDAMUS, 3.

APPEARANCE.
PRACTICE, 2.

ASSIGNMENT.

COURTS OF THE UNITED STATES, 1; FRAUDULENT CONVEYANCE; RENT;

UNITED STATES.

BAIL.
DEBT, 2.

BANK OF THE UNITED STATES.

1. Under the charter of the Bank of the United States, a person who attempts to utter
as true a false bill, purporting to be of that bank, and to be signed by the president
and cashier thereof, is liable to indictment, although the persons whose signatures
are forged were not president and cashier of that bank. United States v. Turner,

427.

2. A draft drawn by the president of a branch of the Bank of United States on the
principal bank, is not a bill, within the clauses of its charter which provide for the
offences concerning forged bills. United States v. Brewster, 440.
BILLS OF EXCHANGE, &c. 5.

BILL OF REVIEW.

JUDGMENT, 5-8.

BILL OF REVIVOR.
EVIDENCE, 18.

BILLS OF EXCHANGE AND PROMISSORY NOTES.

1. Notice to an indorser, left with a fellow-boarder at a private boarding-house, where
the indorser lodged, he being absent, is sufficient. The Bank of the United States
v. Hatch, 104.

2. A contract by the holder with the drawer of a bill, for a valuable consideration, to
continue an action against the latter, founded on the bill, to the next term, dis-
charges the indorser. Ib.

3. An indorser is not a competent witness to prove that when a prior indorser put his
name on the note he did so under a representation that sufficient bank stock, to
secure payment of the note, had been pledged by the maker, and that his liability
would be merely nominal. Bank of the United States v. Dunn, 20.

4. Nor can oral evidence, to that effect, be allowed to control the contract of the in-
dorser. Ib.

5. Nor had the president and cashier of a branch of the Bank of the United States
authority to bind that bank by such a representation. Ib.

CONSTITUTION OF THE UNITED STATES, 1; Debt, 1; Law AND FACT; PAY-
MENT; USURY.

BOND.

1. If a bond, drawn to be executed by two sureties, be signed by only one, and by
him be delivered as an escrow, to operate as his deed when the other shall have
signed and delivered it, he is not bound until such signature and delivery by the
other surety,―aliter, if the first who signs delivers it as his deed. Duncan's Heirs
v. United States, 535.

2. An official bond of a paymaster, executed at New Orleans, is governed by the com-
mon law. 1b.

3. A paymaster gave a bond to secure the faithful performance of his duty within a
certain district; he was a defaulter; the presumption is, that his defalcation arose
out of transactions within his district, though it appears he made some payments out
of the district. Ib.

BURDEN OF PROOF.

Though the burden of proof is in many cases on the party who has peculiar means of

knowledge, the rule is not universal, and the circumstances of this case afford an
exception. Greenleaf's Lessee v. Birth, 126.

REVENUE LAWS, 4.

CAPIAS AD SATISFACIENDUM.
COURTS OF THE UNITED STATES, 12. 13.

CHEROKEE NATION.
CONSTITUTIONAL LAW, 1.

CITATION.

WRIT OF Error, 6.

COLLECTOR.

FORFEITURE.

CONDITION.

PUBLIC LANDS, 16. 18.

CONSTITUTIONAL LAW.

1. The law of Georgia, which subjected to punishment all white persons residing within
the limits of the Cherokee nation, and authorized their arrest within those limits,
and their forcible removal therefrom, and their trial in a court of the State, was
repugnant to the constitution, treaties, and laws of the United States, and so void;
and a judgment against the plaintiff in error, under color of that law, was reversed
by this court, under the 25th section of the Judiciary Act, (1 Stats. at Large, 85.)
Worcester v. Georgia, 214.

2. The provision in the 5th amendment of the constitution, declaring that private
property shall not be taken for public use without just compensation, is only a limi-
tation of the power of the United States; it is not applicable to the legislation of the
several States. Barron v. City of Baltimore, 464.

3. The ultimate opinion delivered by Mr. Justice Johnson, in the case of Ogden v.
Saunders, 12 Wheat. 258, was concurred in and adopted by the three judges who
were in the minority on the general question, and has settled the law involved
therein. Boyle v. Zacharie, 142, 291.

JUDGMENT, &c. 6. 7; STATE; STatutes.

CONTRACT.

ACTION, 2; LIEN.

COSTS.

JUDGMENT, &c. 4.

COUNTERFEITING.

BANK OF THE UNITED STATES.

COURTS OF THE UNITED STATES.

1. The payee of a note, at its date, was a citizen of the same State as the maker; sub-
sequently, he became a citizen of another State, and then indorsed the note to a
citizen of the latter State. Held, that the indorsee might sustain an action in the
circuit court in his own name, the case not being within the exception in the 11th
section of the Judiciary Act, (1 Stats. at Large, 78.) Kirkman v. Hamilton, 8.