discharging insolvents from their debts, and is void.—Ballantine
et al, v. Haight,
2, What is a sufficient contract to bind trustees of a congro-
gation to pay a preacher's salary? Quere? Miller v. Trustees
of Baptists at Allowaystown,
See ACTION, 16, 17.
CONVICTION.
1, A conviction for swearing the same profane oath, several
times on the same day, may embrace each of them in one entry.
The charge in the precise words spoken, is sufficiently specific.
If the conviction states the township where the offence was com-
mitted, it is sufficient, though omitted in the complaint.
son v. Barclay,
2, No state of demand need be filed in such cases. Ib.
3, The trial by jury is not authorized on such complaint.—
Ib.
4, The title of the statute acted upon, or the prosecutor's
name, need not be endorsed on the summons. Ib.
5, A conviction under the supplement to the act for suppres-
sing vice and immorality," may be removed to this court, by
certiorari. Handlin et al. ads. The State,
6, A joint conviction &c. of three persons for offences indi-
vidually separate and distinct, under that statute, is illegal, Ib.
7, The record of conviction must show on its face, every thing
necessary, on general principles, to constitute a legal convic-
8, There must be a judgment for the penalty as well as a
conviction for the offence, if no form is prescribed by the act.-
9, The record must state when the complaint was heard, and
the evidence on which the conviction was had.
Ib.
10; The service of process in such prosecutions, must be per-
It is not a proceeding under the small cause act. Ib.
11, A joint conviction of two or more defaulting jurors, is ille-
gal, and should not be made part of the record in the civil suit
in which they were summoned. The State v. Hollinshead, 559
COSTS,
1, Judgment as to costs, reversed because it was entered in
figures and not in words. Lloyd v. Hance,
2, A plea, non-assumpsit, within eight instead of six years,
stricken out, with costs.
3, A Rule granted to stay proceedings on an execution for
costs, issued by an insolvent debtor, on a verdict in his favor in
the Common Pleas, which case is intended to be removed into
this court by certiorari. Allen et al. v. Shnrts,
221
4, In action for a legacy, the costs and expenses of audit-
ing and stating the executor's accounts, on a plea of "no as-
sets," as well as the costs of suit generally, will be awarded
against the defendant, de bonis propriis, if he has been faulty in
not paying the legacy. Meeker v. Arrowsmith,
5. The act of 1797 to prevent suits under a certain sum, being
brought in this court, does not as to costs, repeal or modify the
act of 1774, for the more easy recovery of legacies, Ib.
6. In trespass, quare clausum fregit, on plea of liberum tene-
mentum and verdict rendered for plaintiff, for six cents damages,
at the Circuit; costs allowed although the Circuit Judge did not
certify that the title came in question. Budd v. Stille, 263
7. A rule to shew cause against a new trial, being granted,
leave given to amend the replication, on payment of costs. Ib. 264
8. After demurrer to a declaration, over-ruled, ave given on
on payment of costs, to plead, a meritorious defence being alleg-
ed, and an important question involved, Johnson et al. ads.
Rowan,
266
9, On affidavit that the plaintiff's residenee could not be found,
and that no answer had been received to a demand by mailed let-
ter to plaintiff's attorney, as to his residence, rule for filing sc-
curity for costs, ordered. Mulford ads. Geschchiat,
10, An administrator suing in trover for goods converted
from his own possession, is liable for costs, if he fail in his suit.
Norcross v. Bowne's admr.
11, The rule is that if it is not necessary for an executor or ad-
ministrator to name himself such, he shall pay costs; but if his
title to the action is acquired in a representative character, and he
can sue only as such, he pays no costs, if he fail in his action.-
12, A writ of error lies to a court for adjudging that the plain-
tiff, who is in such case liable, shall not pay costs, and quashing
an execution issued therefor, by virtue of a judgment previously
by said court rendered, and afterwards annulled. Ib.
18, Declaration in ejectment amended by adding a separate
demise by each lessor of the plaintiff, on payment of costs. Den
v. Seagrave,
14, Rule granted to stay proceedings, until costs of a former
suit in Common Pleas, are paid, on affidavit that the cause of ac-
tion is the same in both suits, and that the plaintiff is insolvent.
Anonymous,
15, Rule granted for filing security for costs, on exchanging
consent rules in ejectment, the plaintiff's lessor, residing out of
this state. Den. v. Smith,
16, Costs ordered on granting leave to amend a declaration in
ejectment, by adding a count on a demise by the lessor and his
wife. Den. v. Ganoe,
COURT FOR THE TRIAL OF SMALL CAUSES.
1, The refusal of this court to charge a jury, when requested
to do so, upon a question of law, is error. Linn et al. v. Ross, 55
2. Semb. that a warrant may be issued by this court for a tort.
Neighbor v. Trimmer,
3, A judgment for the plaintiff, not stating against whom, is
valid, when it must necessarily be implied and understood to be
against the defendant referred to in all the other proceedings.-
Titus v. Whitney,
4, A scire facias to revive a judgment of this court, must be
issued by the same justice who rendered the judgment. Tindall
v. Carson,
5, A conviction of an offence against the act for suppressing
vice and immorality, before a justice of the peace, is not a proceed-
ing under the small cause act. Handlin et al. ads. The State, 96
6, The judgment of this court is not set aside or vacated, by
the regular prosecution of an appeal, the judgment remains until
a new one is rendered, or the plaintiff is non-suited in the Court
of Appeals. Lum v. Price,
195
7, This court has not jurisdiction of a claim to a way, which
is an hereditament. A plea of such right is to be considered as a
plea of title, and unless accompanied by a title bond, should be re-
jected. Randolph v. Montfort,
8, A Justice of this court may not for his own convenience ad-
journ a cause, and sending notice thereof to the defendant, try the
cause in his absence, on the adjourned day. Nicholson v.
Wright,
9, It is lawful to conduct a suit in this court, by an agent
or attorney in fact. Van Atta v. McKinley's Executors,
10, An attachment in this court is superseded by one issued
from the Supreme Court; and quashing the latter writ, does not
revive that in the court below. It cannot give judgment or is-
sue execution thereon. Brown v. Abbot,
11, A justice cannot be a witness in his own court, nor act
upon his own knowledge of a fact, as evidence in the case before
him. Corlies v. Van Note,
12, This court may without notice to the defendant, issue exe-
cution immediately after judgment, against him in his absence.
when sued by summons, if the court is satisfied of the danger of
losing the money by a delay of execution. Shay v. Nor-
13, The plaintiff's affidavit of his belief of the danger of delay,
is not se ipso, sufficient; the justice must be satisfied of the fact,
and so record it.
14, If a suit is commenced by summons, and judgment ren-
dered for the plaintiff, it is irregular to issue execution thereon
before the expiration of the time of delay allowed by law to a
freeholder, unless applied for instanter when judgment is render-
ed; or at a subsequent day upon proper affidavit and notice to
the defendant. Eddy v. Williamson,
15, This court ought not to discharge a jury, until every rea-
sonable hope of their agreement has vanished.
16, When a jury is thus discharged, a new trial cannot be
granted by this court.
17, This court should not impose a fine upon a non-attending
juror, without giving him notice to appear and shew cause why
he shall not be fined. The State v. Hollinshead,
19, An execution for collecting such fine, should not authorize
taking the defaulter's body, for want of goods.
COVENANT.
1, A mutual covenant to divide the proceeds of a certain crop,
if a partnership, is only so for a special purpose. Jaques et al.
v. Hulit et al.
2, A writ to answer unto a plaintiff, that he render to him a
certain sum of money, which to him he owes upon covenant, is
defective, it is neither covenant nor debt, and has no style of ac-
tion. Brown ads. Hoy.
1, Damages are assessed by this court, on judginent by de-
fault in action upon an insolvent's bond, under the act of Februa-
ry 1830, the declaration reciting the condition of the bond, in
which is stated the precise sum due the plaintiff. Rogers et al.
v. Brundred et al.
2, On complaint of excessive damages assessed by commis-
sioners, against a Rail Road Company, a certiorari allowed. Ex
parte N. J. Rail Road Co.
3, It is a sound rule in pleading, even in a small cause court,
that special damages, such as the law does not imply from the
facts stated, must be specially laid in the declaration. Ryerson
v. Marseillis,
1, An action on partnership accounts, must be in debt, in the
court of small causes. Dunham v. Rappelyea,
2, A writ to answer to J. H. that he render to him two
thousand dollars which to him he owes upon covenant, is neither
in debt nor covenant. Brown ads. Hoy,
S, The corporation of the city of New Brunswick,
power under their charter, to create an action of debt.
Forman, Treasurer &c.
1, In action upon a statute, the declaration need only shew the
plaintiff's right of action, under the enacting clause. Farwell
v. Smith,
2, If there be an exception in the statute, that saves the defen-
dant, it is matter of defence; the declaration need not show that
the defendant is not within it.
s, Nothing is to be intended by a verdict, but what is express-
ly laid in the declaration, or necessarily implied from the facts
stated.
4, Judgment will be arrested, when it appears by the record,
that the plaintiff has recovered upon a ground of action, to which
he has not shown in his declaration that he is entitled, Ib. 136
5, If a declaration on an insolvent's bond, recite the condi-
tion stating the precise sum due to the plaintiff, an assessment of
the damages will be made by the court, and not by a jury.—
Rogers et al. v. Brnndred et al.
See AMENDMENT, DAMAGES, 1.
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