Volume 1 — Hayes & Hazard's Vermont Reports

To Establish a Lien. This is a bill claiming a specific and distinct lien on premises on account of improvements made on the property and debts paid by the complainant. The cause was set for hearing on bill, exhibits and demurrer.

Damages. The declaration claimed $100,000 damages, and contained three counts. The defendant pleaded not guilty, upon which issue was j oined.

Trespass on the Case for Libel. The declaration claims damages for injury received by the plaintiff'. The defendant pleaded not guilty and justification. This is an action of trespass on the case brought by John D. Clark, a justice of the peace for the County of Washington, whose office was about to expire, against the defendant, for libel.

Replevin of Goods Taken in Distress. The declaration alleges that the defendant took and detained the goods of the plaintiff. The defendant avows the taking and that they were taken in distress for rent in arrear.

<p>1. Where in a will a desire is expressed that a legatee should pursue his studies and receive the best education the country could afford, and the expense of the same should he chargeable to the estate, until he should arrive at the age of 21 and be entitled to his proportion, and during the period between his arrival at the age of 21, and the division and distribution of the estate, he be allowed a sum sufficient for his prudent support, to he after deducted from his proportion, it was held that the' testator intended that the proportion of such legatee should become vested at the death of the testator payable at a future day.</p> <p>2. When such legatee died before the time appointed for the distribution of the estate, leaving a last will and testament by which he bequeathed to his widow the proportion he would have received if he had lived until the time of the distribution, it was held that the legacy to the husband did not lapse and that the • widow was entitled to it.</p>

Action upon an Award. This was an action of debt upon an award in favor of plaintiff made by arbitrators, in a controversy between plaintiff and defendant.

Action on an Officers Account. This was a suit brought by the plaintiffs for a balance due on an army officer’s (the late Wm. A. Eliason) account. The declaration contains the usual counts. The cause w'as tried on an agreed statement of facts.

<p> To Enjoin the Execution of a By-law. </p> <p>The Case is stated in the opinion of the court.</p> <p>IJpon filing the bill of complaint an injunction was issued, enjoining and prohibiting the defendants from demanding or exacting any of the penalties mentioned in either of the said by-laws of the said corporation, or from suing for, or otherwise recovering the said penalties, until further order of the court.</p> <p>F. S. Key, for complainant, submitted the following points and authorities :</p> <p>By-laws and ordinances of corporations, municipal and others, void as monopolies ; good if they regulate trade as to prevent monopoly ; void if they go to establish a monopoly Wilcock on Corporations, 141, secs. 332, 333 and 334.</p> <p>As to restraint of trade and oppression of the citizen. Ibid, 144-5, secs., 343, 344, 345 and 346.</p> <p>Bond given in corroboration of a void by-law equally void. Ibid, 146, sec. 349.</p> <p>One part void, the entire by-law is void ; i. e. if the by-law be entire, each part having a general influence over the rest, all together being part and parcel of one system of vicious legislation. Ibid, 160-1, secs. 384, 385, 386, 387 and 388.</p>

For Injunction and Release. This is a bill brought by the complainant to enjoin the defendant from advertising and selling under a deed of trust in which the defendant is trastee, and praying a release from said trust.

<p>1. The building regulations will not allow a party owning a lot adjoining a frame building to injure the building while digging a foundation for a briclc house.</p> <p>2. That a party can build a wall equally on his own and neighbor’s land when his neighbor’s land is vacant.</p> <p>3. A frame house built on an adjoining lot, previous to the erection of a brick house, will prevent a party from being benefited by the right secured by the building regulations, that is, the right to lay the wall equally on his- own and the adjoining land.</p> <p>4. See. 4, Building Regulations, No. 1, Oct. 17,1791, only applies to vacant lots.</p>

<p> Apprentice’s Indenture. </p> <p>This was a suit brought by the petitioner for compensation for the loss occasioned by the absence'of the respondent from the petitioner’s service without consent.</p> <p>The petition is as follows:</p> <p>“Archibald Fletcher was, on the 19th day of February, 1838, duly and lawfully bound as an apprentice to the petitioner, to learn the trade and mystery of a ship carpenter, and to serve as such until the 18th day of January, 1840. He came into the service of the petitioner as such apprentice and remained and continued under indenture until the 26th day of March, 1839, and continued absent until the - 20th day of May, 1839, and again oh the 27th day of August, 1839, when he ran away and absented himself from the service of the petitioner, and hath remained and continued so absent hitherto to the present time, and although often requested to return, hath hitherto refused to return to his service or to make the petitioner any compensation for the loss he has thereby sustained. The petitioner averred that he well and truly kept and performed all the warranties of the indenture required of him; that the apprentice’s service was of great value to him.”</p> <p>The petitioner prayed that he may be awarded such compensation either by service or by payment of money as justice and equity may inquire.</p> <p>The case was submitted on the petition and the indenture .accompanying it, after being argued by the respective' counsel.</p>

<p> Petition for Writ of Quo Warranto. </p> <p>The petitioners, Richard Wallach and others, by their counsel, J. M. Carlisle, and Henry May, pray that a writ of quo warranto be awarded, and directed to Nathaniel P. Causin, commanding him to be and appear before the court to exhibit the right and authority under and by virtue of which he exercises the powers, functions, and authority of Judge of the Orphans’ Court.</p>

<p>A deed made by a bankrupt to the trustee in pursuance of the reguirements of the insolvent law, is a revocation of a prior trust.</p>

For Account. This bill is filed by the complainant as one of the residuary legatees under the will of Elizabeth Orr, and prays for an account. He avers that the defendant has kept and applied the funds received by him as executor to his own use; that he has called upon the defendant to pay that part of the legacy that the complainant is entitled to, but he has utterly refused to do so.

Suit for Damages for Loss of Horse. The plaintiff declared as follows: The said plaintiff, by his attorney, complains, that on the 21st day of February, 1840, at the special instance and request of the said defendants, he let to hire and delivered to them a certain horse and buggy-carriage of the value of $850' to be used by them for one day for a certain reasonable reward, and they undertook and promised, that they would return the said horse and buggy-carriage safely to…

<p>Held, not necessary that all the judges of an election appointed under the Desolution of the Board of Aldermen and Board of Common Council of the Corporation of Georgetown, approved February 20," 1841, should he present to constitute a legi.'l session of the said judges of election.</p>

For the Execution of a Trust. This bill is brought by the complainants through their next friend, and prays that the defendant be ordered to execute a conveyance of certain negroes in trust for the benefit of the complainants, and for other relief.

Suit on a Promissory Note. This action was brought up on the following note : “ $10,000. “ City oe Washington, May 9,1840. “ Thirty days after date I promise to pay to Henry Walker,, or order, ten thousand dollars, for value received, negotiable and payable at the Bank of Washington. “ Jno. Walker.” “ Credit the drawer.” It was endorsed by Henry Walker, Lewis Walker and John Walker. The defendant’s plea was usury.

iSuit Against an Endorser. The declaration avers that a certain party promised to pay the defendant or order the sum of $6,000, sixty days after the date thereof, viz., 25th day of February, 1840, negotiable at the Bank of Washington, and delivered the said note to the defendant, who before the time limited in the note for the payment thereof, endorsed the said note to one Lewis Walker, and delivered it to the said Lewis, who before the time limited, &c., endorsed the said…

<p> Indictment for Larceny. </p>

Petition for Leave to Record Deed. The petitioner in his bill, sets forth the purchase from the Bank of the United States, in the year 1830, of a lot in the city of Georgetown, D. C.; that he had paid the purchase-money and had received a conveyance of the premises in fee simple; that he had neglected, without any fraudulent intent, to record the deed; that the time limited by law for the registration of such instruments had expired ; and that it could not now be done…

<p> For an Injunction. </p>

<p>Where the lessor executes a lease, having made false representations to the lessee of ownership and seisin with intent to deceive and defraud the lessee, and the lessee is evicted by a third person claiming under the lessor, the lessee may recover damages from the lessor, and the question of intent is one to be determined by the jury upon consideration of all the circumstances of the case.</p>

<p> Motion in Arrest of Judgment. </p>

<p> Action on an Account. </p>

<p> For an Injunction. </p> <p>This bill is filed to enjoin the defendants from demanding, claiming or recovering from the officers of the Government an amount due the complainant for services rendered to the assignor of the defendants in prosecuting a claim before the War Department.</p>

<p>1. Conversations as to the ownership of property between the father of the plaintiff and a third person may be given by that person, and is proper evidence to go to the jury.</p> <p>2. .The testimony of the assessor of taxes as to whom property is assessed on the hooks may he given to prove the payment of the taxes by the party in whose name the property appears on the said hooks, even if the assessment was copied from the' book of a former assessment.</p>

<p>A plaintiff is not entitled to recover in. an action of replevin where the goods to be replevied are in the hands of defendant as an officer of the law by virtue of an attachment.</p>

<p> Warrant against a Member of Congress. </p>

Action in Assumpsit on a Note. Action was brought on the following promissory note : “$4,200. Washington, Sept. 21, 1889. “Twelve months after date, I promise to pay to the order of Colburn & Tufts, for value received, at the Bank of Metropolis, forty-two hundred dollars. “ JNO. WALKER.” Endorsed by Colburn & Tufts, Lewis Walker, Henry Walker and Charles McCormick.

<p> Appeal from the Criminal Court. </p>

<p>In Error to the Criminal Court.</p>

<p>Orphans’ Court. Nat’l Pope Causin, Judge.</p> <p>The administrator of Thomas If. Stevens, deceased, protested against a preference being given to the judgment of George Norton against said intestate, rendered in Philadelphia county, in the State of Pennsylvania, and claimed that the act of assembly of Maryland of 1798, ch. 101. c. 8,. sec. 17,* does not give or contemplate a preference to debts of this character.</p> <p>The court was of the opinion that the law of 1798, giving preference to judgment creditors, did not embrace foreign judgments, and therefore decided that the judgment of' George Norton ‘against Thomas H. Stevens, obtained in Philadelphia county, in the State of Pennsylvania, did not take preference over other creditors.</p>

<p>An administrator who pays a distributee more than is due on a final distribution will he considered accountable for the amount as being overpaid in the administrator’s own wrong.</p> <p>The amount overpaid is held to be in the hands of the administrator, who is liable for a bona fide debt of the testator to the full amount of the assets so found.</p>

<p> Action for Libel. </p>

<p>The District of Colnmbiabeingstill governed by the laws of Maryland and Virginia, which were in force anterior to the cession, it is not lawful for an inhabitant of Washington county to purchase a slave in Alexandria county and bring him into Washington county for sale,</p> <p>Note. — Mr. Justice McLean, in giving the opinion of the court (2 How., 401), said: “ The comities of Washington and Alexandria are foreign to each other as regards the importation of slaves as are the States of Maryland and Virginia. Suchwe understand to be the settled doctrine of the Circuit Court of this District. And this is no unsatisfactory evidence of what the law is. An acquiescence of many years in a course of decision involving private rights should not be changed except upon the clearest ground of error.”</p>

On. the Petition of William Hughes. The petitioner testified that Daniel McPherson wrongfully demanded and received from him two dollars and forty cents, which the petitioner charges that in doing so he acted illegally, extorsively and oppressively, and prays the court to order a rule on said McPherson to show cause, if any he can, why he should not be removed from his said office of constable. A rule was served on him in accordance with the prayer.

The petitioner, Jannette Taylor, prays the court to revoke the letters of administration granted to John H. Sherburne in the estate of John Paul Jones.

Indictment for Murder. The indictment contained two counts. One charging the murder to have been committed by means of a spring-gun set by the traverser for that purpose in a goose house ; the other that the murder was done by shooting. The prisoner plead not guilty.

<p>On the death of trustees in a deed of trust leaving infant heirs, the court, on application of the owner of the property conveyed in trust, will order the guardian of said heirs, duly appointed, to execute a deed releasing to the said owner the property so conveyed.</p>

The petition stated that the last will and testament of John Williams has been admitted to probate ; that the said Wells and Davis were designated as the guardians of the children of the testator.

Actmi for Libel. This action was brought on a letter written by the defendant, accusing the plaintiff of perjury. The defendant pleaded “not guilty,” and justification. The plea of not guilty was withdrawn and the jury was sworn on the plea of justification. The jury brought in a verdict of guilty.

Actions for Libel. These actions were founded on a letter addressed to the President of the United States by the defendants, Charles C. Pulton, E. M. Linthicum, Rap. Semmes, O. M. Linthicum, Wm. Robinson, Wm. S. Nicholls and Paul Stevens, and written by the defendant, Addison, the successor of the plaintiff in the office of the collector of the port of Georgetown.

<p>WherL a declaration sounds in tort and the plea is non-assumpsit, such a plea is bad on demurrer. If not demurred to and the ease goes to trial, the defect is not cured by verdict.</p> <p>Note. — Mr. Justice Woodbury, in delivering the opinion of the court, in ¿Howard, 143, said: “The declaration is an action on the case,, sounding in tort. It sets out no contract except by way of inducement, made by Mr. Franklin, the predecessor in office of the defendant, and it then proceeds to make the gist of its complaint a wrongful and injurious neglect and refusal by the defendant to furnish a copy of certain laws to the plaintiff, as had been agreed by Franklin. We are required to take this view of the declaration, not only by the avermentsin it, but by both the present and past positions of the counsel for the-plaintiff, that it was intended to be founded on a misfeasance.</p> <p>The plea, however, instead of being ‘not guilty,’ as was proper in such case, is non assumpsit, and the plaintiff below, not demurring thereto, nor moving for judgment notwithstanding such a plea, joined issue upon it, and the verdict of the jury conforms to the plea and issue.”</p> <p>And on page 147 he said: “ In Patterson vs. United States, 2 Wheaton, 224, Judge Washington lays down the whole law precisely as we view it in respect to a verdict varying materially from the issue, and which principle applies equally well to a plea varying from the substance of' the declaration.”</p>

The traverser, Samuel White, was indicted for the larceny of one bank check of the value of thirty dollars; two cloth coats of the value of forty dollars ; two pairs of pantaloons of the value of twenty dollars; one linen shirt of the value of three dollars; and two pocket handkerchiefs of the value of two dollars, of the moneys, goods and chattels of one John White.

<p>A party bought a piece of real esíate from a mortgagor thus preventing it from being sold at auction under the mortgage, paying him cash for the same and receiving a deed in fee. After the sale the grantee gave the grantor a lease of the same at a greater rent than the legal infer-est would have amounted to if the purchase money was really a loan, but with the privilege of repurchasing during the term for • the same price it sold for.</p> <p>Held, that the transaction was not usurious.</p>

Action of Trespass vi et armis. This is an action of trespass vi et armis for assault and battery and alleged imprisonment and detention, brought by the plaintiff', a free negro, against the defendant, a police •officer of the city of Washington, for arresting and imprisoning the plaintiff' in the watch-house for being out after ten o’clock at night, contrary to the provisions of the by-law of the corporation of the city of Washington, approved May 31, 1827.* Plea not guilty.

Action on an Officer's Bond. The United States sued the defendant on his bond, claiming that the defendant, a purser in the navy, was responsible for a deficit in his account of $9,149.75.

<p> Suit for Injunction. </p> <p>Clement Cox and R. S'. Coxe for corporation of Georgetown.</p>

Indictment for Larceny. The prisoner was indicted for stealing Treasury notes that were issued by the Government under the act of Congress of January 31st, 1842.

Action for Damages. The declaration contained two counts. The first count averred that certain machinery of great power was under the management, supervision, attention and •care of a servant of the defendants.

<p>Where notes of a bank were given in payment of a negro boy, and the party paying the same knew that the said notes were issued without the authority of the corporation by individuals using the name of such bank or corporation, for the purpose of deceiving and defrauding the public, the passing of said notes was no payment for the purchase of said boy.</p>

<p> Action of Trespass de Bonis Asportandis. </p> <p>The plea was not guilty.</p>

Actian of Debt. This was an action of debt in which the plaintiff’ claimed! the sum of $1,500 for extra work done on a certain aqueduct. No. 8, a part of the canal of said company.

<p>Where a party agreed to rent certain premises and pay the rent for another, he will be liable for the rent without occupying the premises.</p>

<p> Action of Trespass Quare Clausum. Fregit. </p>

<p>1. An administrator, by omitting to return an inventory, is not chargeable with the whole amount of a creditor’s claim, and the burden of proof is upon the creditor to show the amount of assets which came into the administrator’s hands, .even when the administrator has neglected to account.</p> <p>:2. It is the duty of an executor, upon the death of the testator, to take possession of the personal property of the deceased, but not to dispose of it. He may sue for it, provided he takes out letters of administration before trial.</p> <p>'3. If an executor be also a devisee or residuary legatee, and enter generally into possession of the property, he does it as an executor, not as a devisee.</p> <p>4. Any time before an executor distributes or disposes of the property of a testator, and continues to hold the property as such, even after the expiration of twelve months, is early enough for a creditor to commence an action to recover a debt due from the testator.</p> <p>5. Where an administrator refuses to account after a creditor has shown in an action against him that he has sufficient in his hands . to satisfy the creditor’s claim, the administrator cannot be allowed to discharge himself by showing payments without showing his receipts.</p>

<p> From the Criminal Court. </p>

The suit was brought before B. K. Morsell, justice of the peace. The appellees, trading under the firm name of Lane & Tucker, made a pair of pantaloons for the appellant Carter, and sent them home ordering the boy not to deliver the pantaloons unless they were paid for. The appellant became oftended and refused to take them, whereupon the appellees brought suit. The magistrate gave them judgment for the value of the pantaloons.

<p>.Fixtures placed in a brewery by the owner of the premises, after mortgaging the premises to secure the payment of a debt, pass on the sale of the premises by the terms of the mortgage to the purchaser, and do not on the decease of the mortgagor go to his administrators as a part of the personal property of the deceased. Nor do they on an assignment of his property, real, personal and mixed (including said fixtures), ' for the benefit of his creditors, go to the assignees.</p>

<p> Action of Trespass vi el armis. </p>

The prisoner was indicted for an assault and battery by shooting a pistol with intent to kill Elizabeth Fletcher, and was convicted.

The prisoner was indicted in the Criminal Court for the county of Washington, District of Columbia, for obtaining money under false pretenses, and found guilty.

<p> Writ of Habeas Corpus. </p> <p>The writ was directed to John Waters, a constable.</p> <p>The return is, that he holds him by virtue of two warrants-of arrest issued by John D. Clark, a justice of the peace one in favor of John Hands, jr., for a small debt, and the other in favor of the corporation of Washington, for ten dollars, a penalty of a by-law. These warrants command the constable “ to take into custody the body of the said John W. Dexter, and him safe keep, so that he have him before the said justice on the 28th day of June, 1844, to answer, &c.” The warrants were issued on the 27th day of June, and the officer returns that he holds the prisoner in custody for the purpose of taking him before the justice, of the peace under the said warrants.</p>

In Error to the Criminal Court. The plaintiff in error was indicted for taking illegal fees as a justice of the peace.

<p>Indictment for assault with intent to kill.</p> <p>That a prior conviction and a nolle proseque therein were a good and sufficient bar to a second prosecution for the same offense.</p>

<p> In Error from the Criminal Court. </p>

<p>1. Where banks acted as collecting agents for other b ¡inks and in that capacity and in their settlements they mutually treated the notes and other paper sent as the property of the bank from which they received them and without notice that they were not the property of said bank, the bank is entitled to retain the proceeds of said notes and to retain the notes not collected and in their possession until a settlement of the account between them or tender is made of the balance found due.</p> <p>2. Where notes and other paper were deposited with a bank for collection, and that bank transmitted them to another bank for the same purpose after being endorsed by it in the usual maimer, the owner of said paper is entitled to recover the amount collected by said bank, even if the said bank had in its dealings with the endorsing bank treated said paper as the property of said bank in the settlement of their balances.</p>

<p>An officer of the regular arm}' of the United States, was ordered . during the Florida War, to command a company of Indians and was commissioned as Captain of Volunteers for which he received pay as such Captain. On his return to his regiment, he received full pay for the time he was absent in command of the Indians. He refunded all but the difference between his pay as a regular army officer and the pay he received as an officer of volunteers. The United States claimed that he was only entitled to this pay as a Volunteer officer. Held, that he was not barred from claiming the pay proper annexed by law to his commission in the. regular army,</p>

<p>In an indictment under the Act of Congress of March 2d, 1S31, for obtaining- goods,. &e., by false pretences it is error to aver “that by reason of which false pretence the prisoner did then and there unlawfully obtain, &e.”</p>

From the Criminal Court of Alexandria County. The defendant was indicted by the Grand Jury of Alexandria County, for receiving stolen goods. The goods were stolen in Maryland, and brought into Alexandria and received by the defendant, who knew them to be stolen.

<p>1. In an action oí debt on a bond, the suit must he brought in the name of the as.-ignor or obligee, and it is immaterial to the obligor who-the party is that is interested, whether the assignee on record or any other person.</p> <p>2. The obligee in the bond, in whose name the suit must be brought is merely a trustee or stakeholder for the person entitled.</p> <p>3.Neither the title to the penalty mentioned in the bond, nor the conflicting claims of the assignee Webb, and Williams can he tried in this suit.</p>

<p>The plaintiff contracted with the defendant to excavate awl cut a passage way through a bar that crossed the main channel of the river Potomac between Georgetown and the Potomac Bridge. The plaintiff excavated a part of the amount agreed to be excavated and a freshet cleared away the balance, leaving the channel free to the satisfaction of the defendant, and the plaintiff was, thereupon, stopped by the defendant from completing the contract. On a suit brought on the covenants, it was held: That</p> <p>the amount of damages is not the contract price of the residue, but the fair and reasonable profit that would be made by the plaintiff if he were allowed to complete the contract.</p>

<p> Attachment on a Warrant. Attaching Credits of ihe Defendant in the Treasury of the United States. </p>

<p> Motion to Discharge. </p> <p>Criminal Court, December 13,1845.</p> <p>On motion of Mr. P. E. Eendall the prisoner was brought into court, and was assisted by Mr. Jones in asking for his discharge on the presentment made by the Grand Jury.</p> <p>The District Attorney resisted the motion.</p>

<p>Under the Md. Act of 1791, ch. 68, sec. 8, an attachment for contempt can be issued against a witness who refuses to obey a summons issued by a justice of the peace,</p>

<p> Action of Trover. </p>

<p>A Justice of the Peace who either requests, directs or commands a Constable to arrest a party outside of his jurisdiction will be liable for damages to the said party in a suit for false imprisonment.</p>

<p> Indictment for Libel. </p> <p>In the alleged bill of indictment it is charged that the defendant published or'caused to be published the following libelous matter : “ That Colonel Benton and his family permitted Miss McDowell to be seduced by a certain individual,, and that they knowing this procured her marriage With him.”</p>

<p> Motion to Dissolve an Injunction. </p>

<p>On a petition for a rule on the President of the United States, the Seeretary of War and the Adjutant General of the Army of the United States, to show eause why a writ of mandamus shall not issue to reinstate the petitioner to his rank and position in the Army Register. Held, that the power to remove vests in the power to appoint. That this power is a discretionary one conferred by the Constitution upon the Executive, and cannot be questioned by the Courts, and that mandamus will not lie in such case,</p>

<p> On an Issue sent up.from the Orphans’ Court. </p>

<p> Scire Facias to Revive a Judgment. </p> <p>The following statement of facts was submitted to the Court for its decision :</p>

<p>It is not a proper issue to be sent up by the Orphans' Court to the Circuit Court for a determination as to which of the contending parties or counsel has a right to manage the case in said Orphans’ Court. Under the act of Maryland of 1799, chapter 101, section 20 and sections 15 and 17, the Court has no jurisdiction in the case.</p>

<p>1. It is not the practice of the Court to order the name of a counselor ter that must be decided by the attorney and his client. or attorney to be stricken off in any particular case who has entered his appearance. It is a mat-</p> <p>2. The Court will not decide which of the contending counsel has the better right to control the causes in which they appear. This, also, must be left to their clients.</p>

Information Against the Defendant as an Attorney. The complainant submitted the following points: In Burr’s case, pages 14 and 15, “ The Court has power to punish for any ill-practice attended with fraud and corruption, and committed against the obvious rules of justice and common honesty. Is not the respectability of the Court in some measure connected with that of the bar ?

<p>The general rule that the original papers filed in a suit shall not be withdrawn without leaving attested copies does not apply to a case in which there are no parties litigant before the Court, and the Court sees no use in retaining them,</p>

<p>On an indictment for obstructing a public highway, the legality of the highway must be established by the public records of the courts or the indictment will be dismissed.</p>

<p>Appeal from Justice of the Peace, Henry Reaves.</p>

Quantum meruit for carpenter’s work and labor upon the defendant’s house, in Prince George’s County, Maryland. Verdict for the plaintiff for $1,500. Motion for a new trial. The defendant moved the Court for a new trial— 1st. On the ground that the verdict was against the law and the evidence. 2d. That the Court erred in admitting evidence to go to the jury against the objection of the defendant.

<p> Action on an Injunction Bond. </p>

Petition for Discharge on Writ of Habeas Corpus. The petition for the writ of habeas corpus stated that the said John Nugent was held in custody and close confinement by Robert Beale, of the City of Washington, without any authority or warrant of law; and that the said Robert Beale has refused to exhibit to the petitioner the authority, if any, under which he pretends to hold him, and to give him a copy thereof, and to discharge him from custody, &c. The writ of habeas…

Motion to file Answer. An injunction was granted in the case of Barnes vs. Jones and others, which was entered served on all the defendants. The defendants did not appear to this suit nor answer the bill. On February 10, 1841, a writ-was issued in the name of Jones against the complainant, Mason, on a note dated April 15,1839, made by said Barnes to said Mason or order, endorsed by him and M. Clark, payable October 15 following.

Motion to Dissolve an Injunction. In the spring of 1839 Abraham Barnes purchased 125,000 cuttings of the.morces multieaulis of J. F. Callan, agent of the Washington City Silk Co., and gave his… Held: are immaterial inquiries, and cannot serve the complainant in his defences of fraud and failure of consideration.

Action against a Justice of the Peace for Negligence or Omission in the Discharge of his Duty under Sec. 4, Act of 1823. The plaintiff had a fieri facias on a justice’s judgment issued by defendant and laid on Gannon’s horse after dark on Saturday; the legality of which levy being doubted, it-was agreed the horse should be placed in the livery stable of the plaintiff until the judgment should be superseded.

For an Injunction to prevent Betsey McIntosh from receiving, and the Secretary of the Treasury and the Second Comptroller from paying her more than one-half of her claim awarded under the Cherokee Treaties. The case is as follows : Under the provisions of certain treaties with the Cherokees, Betsey McIntosh became entitled, under an award dated May, 1847, to receive $7,680, for the payment of which an appropriation was made by the joint resolution of March 14th, 1848.

For a Writ of Mandamus commanding the defendant to enter or cause to be entered upon the books of the Treasury Department of the United States, a credit, and to pay to… Held: in the case of Chissell vs. The State of Georgia, 2 Dallas, 478* that, under, the Constitution, as it then existed, States were suable. This led to an amendment of the Constitution by which States were exempt from suit. In 1801, an act was passed re-organizing the Courts. Sec. 3, Stats, at Large, 92.

Writ of Error from.'the Criminal Court. Indictment for stealing, taking and carrying away two negro slaves of the goods and chattels, property and slaves of one Andrew Hoover, under Act of Assembly of Maryland, 1737, eh. 2, sec. 4. Criminal Court, July 27th, 1848.

M. Wright, by his will, dated May 15, 1847, after devising parts of his real estate, gave to his three nephews “ $500 of the scrip or stock in the Chesapeake and Ohio Canal Company standing in my… Held: that if a testator bequeath a ■sum of stock “ standing in my name,” this .is a “ specific” bequest.

Writ of Certiorari. Motion to Dismiss Certiorari and to Award Restitution.

Suit Against an Endorser on a Promissory Note. This suit was on the following note: “ Washington, Nov. 4i/t, 1848. “ Two months after date I promise to pay to the order of Hon. John Y. Mason two hundred dollars for value received. “Jno. E. Addison.” Endorsed by J. Y. Mason, Seymour K. Bonner, John Y. Wright and the plaintiff, Jourdan W. Maury. The note was protested for non-payment.