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CASES AT THE JUDGES' CHAMBERS. could not be issued until an assignment of the judgment should be executed by the judgment plaintiff; and that the agreement of January last, whereby particular security was to be given to Sir J. F., excluded the right to resort to this remedy.

Aspland, in opposition to the summons, contended that Sir J. F., as co-surety, paying the whole debt, had a right to resort to all securities given by the co-surety for the recovery of the moiety so unpaid, and referred to Thompson v. Parish(a), as showing that the former taking in execution did not satisfy the judgment, or extinguish the debt. The decisions in Equity, before the late statute, had laid down that a surety or co-surety could not have the benefit of a judgment where it was satisfied by payment, and the statute was expressly passed to alter this. Payment, therefore, did not preclude this remedy, and it could not be said that Sir J. F. bad let the defendant out of custody. That was involuntary and was the act of the law (6), and was also in point to show that this remedy existed. No previous assignment of the judgment was necessary, and there was what amounted to an assignment.

CROMPTON, J., said, he had at first had a doubt, whether the judgment creditor could confer a greater right than he himself possessed, but this seemed to be met by the express terms of the section. The circumstances showed an equitable assignment of the judgment remedy to Sir J. F., and there was nothing in the assignment of January to exclude the resort to the remedy in question; and dismissed the summons.

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ABDUCTION : taking girl out of streets. R. v. Green, 274.
ABUSE OF PROCESS, order for delivery up of property obtained by. Leverson v.

Schwabacher, 117.
ACCEPTANCE, evidence of what is, under Statute of Frauds. Bowes v. Pontifer,

740; Cawthra v. Billiut, 850. (And see cases collected in notis.) ACCOUNT BOOKS, inspection of plaintiff's. Fergusson v. Coombe, 87. ACCOUNTS, contract to render, pleading on. Great Ship Co.v. Russell, 94. ACTION, right of, or liability to; liability of Secretary of State or public officer in the

exercise of his functions. Dickson v. Combermere, 527; Irwin v. Grey, 635.

(And see cases collected in notis.) ADDING PLEA after issue joined. Carrick v. Holderness, 99.

defence arising since last pleading. Ibid.

without giving up prior pleading. Ibid. ADJOURNMENT OF TRIAL, terms on which granted. Bremner v. Dando, 231. ADMISSIONS OF DEED, explanation of. Painter v. Abel, 518. . ADVERSE POSSESSION of lands under the Statute of Limitations possession not

adverse to the owner. Allen v. England, 49. occupation on sufferance. Ibid. (And see Westbrook v. Kerrick, 59.) AGENT, employment of, to obtain loan, right of action on. Green v. Reed, 226;

Thompson v. Clark, 181; Topping v. Healey, 325; Muson v. Clifton, 899. action against, by principal, for breach of duty; selling principal's goods. Lienard

v. Dresslar, 212. dealing with principal's shares. Dantra v. Stiebel, 951. liability of, when “in charge" of a vessel. Holmes v. Clark, 336. authority of, to receive payment. Breming v. Mackie, 197; Curlewis v. Birkbeck,

895. liability of, for misrepresenting bis authority. Hughes v. Græme, 885. AGREEMENT in writing, adding terms to, by oral evidence, Arbon v. Fussell, 152.

evidence to apply it. Bruff v. Conybeare, 56. parol, afterwards reduced to writing; written proposal orally accepted. Laing v.

Smith, 97. (And see note on subject, p. 98.) oral evidence as to extras. Franklin v. Darke, 65. inspection of. Edwards v. Bond, 100.

construction of, as to computation of time. Turner v. Barlow, 948. AMENDMENT: order for compulsory; pleading "embarrassing,” terms of traverse

“ is.” Cottula v. Soames, 93. terms of allegation; fraudulently; ambiguity. Great Ship Co. v. Russell, 94. stating contract according to assumed legal effect. Taylor v. Smith, 91. VOL. III. 3 T


AMENDMENT at Nisi Prius, “real question in controversy," what is to be considered

to be so; alteration of case at trial; omission of allegation of fraud. Cowan v.
Lascelles, 631.

ANIMALS, dangerous, or accustomed to injure mankind; action against owner for

injury. Line v. Taylor, 731. Production of animal or article in Court for in-
spection of jury. Ibid. (And see cases in notis.)

APPARENT EASEMENT, evidence and law as to. Spanton v. Hinves, 52.

plans, &c. Ibid.

APPEAL from rule for new trial; special case; settling; delay. Hunt v. Allgood,

ARBITRATION, reference to, compulsory agreement for reference of future disputes;

Hattersley v. Hallon, 116.
a party not within such agreement, right to dismiss. Smith v. Allen, 156.
reference to; application to enforce agreement for ; criminal matter, Bradford v.

Maningham, 88.
ARCHITECT, right of, to remuneration for making out quantities; building contract

not carried out. Lansdowne v, Somerville, 236.

ARREST on mesne process; liability for, when malicious. Melia v. Neate, 757.

(See note on subject. Ibid. And add, to cases there collected, Pratt v. Gorcock,

9 C. B., N. S. 710.)
on final process; trespass ; arrest in wrong name; judgment recovered against now

plaintiff by a writ in wrong name; served by mistake. Kelly v. Laurence, 826.

(And see note collecting cases, p. 827.)
ARSOX: setting fire to buildings and goods separate counts, all one continuous act;

right to put prosecutor to elect. R. v. Davis, 19. (And see note, p. 21.)
ASSAULT: justification. Chambers v. Jiller, 203.
ASSIGNMENT OF GOODS: post-nuptial settlement; intent to delay or defraud.

Henderson v. Lloyd, 7.
ATTORNEY, liability of, to action ; for improperly suing in a Superior Court instead

of in a County Court, for a small debt. ' Lee v. Diron, 744,
for neglecting to issue execution. Harrington v. Binns, 942.
ATTORNEY AND CLIENT: claim for costs; defence to; no benefit; improper

proceedings. Fletcher v. Winter, 138.
AUCTIONEER, application by, for interpleader, on claim by third party adverse to

employer. Best v. Heyes, 113. (And see note as to effect of C. L. P. Act,

charges of, usage as to; sale by private contract. Marsh v. Jelf, 234,
AUTHORITY to raise money in name of blank acceptor. King v. Forbes, 41.
of master of ship to sign bills of lading at lower rate of freight than owner has agreed

for. Pickernell y. Jauberry, 217.
to deposit bills of exchange with bill broker. Herschfeld v. Brown, 219.
of partners to accept bills; nature of business; broker, Schweitzer v. Long, 687.
of partners to pledge partnership credit; bills. Leverson v. Lane, 221.
of ship's broker to enter into agreement to bind shipowner as to freight. Perez v.

Alsop, 188.

BAILIFF OF COUNTY COURT, liability of, after interpleader order. Lewis v.

Cole, 17.
BANKER, duty of, not to disclose state of customer's accounts. Foster v. Bank of

London, 214.
right of, to retake money paid over counter by mistake. Chambers v. Miller, 202.
BANKRUPTCY, actions by assignees in ; fraudulent preference. Graham v. Candy,

206; Graham v. Webb, 239.
BIGAMY, evidence on indictment for; prisoner's first and second marriages; evi-

dence of previous marriage of prisoner's first husband. R. v. Wilson, 119.
evidence of marriage. R. 8. Cradock, 837.

absence for seven years. R. v. Heaton, 819.
BILL OF SALE, contract of warranty collateral to. Stuckey v. Bailey, 1.

registry of description of assignor. Bellamy v. Saul, 318.
BILLS OF EXCHANGE, contract to pay by; damages. Morley v. Baker, 146.

authority to raise money on. King v. Forbes, 41.
deposit of, with broker. Herschfeld v. Brown, 219.
notice of dishonour. Hawkins v. Hill, 262.
drawing and indorsing, in name of deceased person. Ashpitel v. Bryan, 183,

payable after demand; presentment. Dodd v. Gill, 261.
BILLS OF LADING, authority of master to alter. Pickernell v. Jauberry, 217.
BOOKS OF ACCOUNT, inspection of. Fergusson v. Coombe, 87.
BROKER, notes of, when at variance; separate sales. Fisenden v. Levy, 477.

liability of, on contract, to effect insurance. Hurrell v. Bullard, 445.
authority of, as to freight. Perez v. Alsop, 188.
right of, to commission. Cousins v. Mitcheson, 236; Rucker v. Lunt, 959.

right of insurance brokers to discount by custom. Ibid.
BUILDING, contracts as to; oral evidence; extras. Franklin v. Darke, 65.

liability of employer on, to sub-contractor. Eccles v. Southern, 112.
liability of employer for materials supplied on guarantee. Smith v. Rudhall, 143.
liability of builder or employer for negligence in bad work or materials. Clothier v.

Webster, 4.

CARRIERS, liability of, for damage to goods; liquids in casks; contributory negligence

of sender in bad cask. Cor v. London & North Western Railway Co., 77.
liability of, for not sending on goods; delayed through want of means of conveyance,

and damaged by weather. Cohen v. Gaudet, 455.
cheque post-dated, legality of. Key v. Mathias, 279. (And see note.)
COLLATERAL ISSUE, what is not so; admissibility of evidence as to any point

material to credit on the main issue. Re Dennis, 502. (And see cases in note.)

Fowkes v. Manchester Life Insurance Co., 440.
COMMISSION, liability of employer for. Green v. Reed, 226; Thompson v. Clark,
CONTRACT in writing, oral evidence as to. Arbon v. Fussell, 152; Bruff v. Cony-

181; Topping v. Healey, 325; Marsh v. Jelf, 234 ; Mason v. Clifton, 899.
COMPARISON OF HANDWRITING in criminal cases. R. v. Aldridge, 781.

in civil cases. Roupell v. Haws, 784.
CONSPIRACY, action on the case in the nature of. Dickson v. Combermere, 527.
law as to. (In notis, 528, 529.) Evidence in, 541, 550.

beare, 56; Meyer v. Burnett, 696. (And see note, p. 707.)
supply of goods, on whose credit. Brooks v. Merryweather, 144.
for building, extras under. Franklin v. Darke, 65.
guarantee by employer. Smith v. Rudhall, 143.
liability of employer to sub-contractor on new contract. Eccles v. Southern, 142;

Wallis v. Robinson, 309.
as to acceptance of bill and borrowing money in acceptor's name. King v. Forbes,

by mother of bastard child not to molest, &c. Lane v. Panton, 125.
lunacy as a defence to. Lovatt v. Tribe, 9.
collateral to bill of sale. Stuckey v. Bailey, 1.
in writing; parol evidence to show whether the parties ever agreed, or on what terms,

or to explain the terms. Meyer v. Burnett, 696. (And see cases collected in

notis, 707.)
for sale of goods within the Statute of Frauds, what is “ acceptance" to bind. Boroes

v. Pontifer, 740. (And see cases collected in notis.)
by woman to support bastard child, validity of. Gore v. Howsey, 509.
to pay weekly sums during life of child; Statute of Frauds, to be performed within

a year. Carrington y, May, 283.
to ship goods to foreign ports; effect of; general discretion; liability of shipowder

for proceeds of goods. Kahnweiler v. Dobson, 709.
to employer, liability on. Cook v. Sherwood, 728.
for sale of goods, effect of. Bowes v. Pontifer, 740.
in writing, question whether it is so or not, or whether parties ever were ad idem;

oral evidence. Meyer v. Barnett, 696.
breach of, how far excused by impossibility caused by acts or default of third parties,

or by natural causes. Cohen v. Gaudet, 455. (And see note on subject, pp.

462, 463.)
to sale of goods, measure of damages for nondelivery of. Elliot v. Hughes, 387.
to ship goods, action for damage by bad packing, &c. Escombe v. Jarvis, 435.
by broker's notes, variance of. Fisenden v. Levy, 477.

to effect insurance, liability on; breach of duty. Hurrell v. Bullard, 445.
COUNTY COURT, action against attorney for not suing in. Lee v. Diron, 744.
CRIMINAL PROCEDURE, inspection by prisoner of prosecutor's letters alleged to

have been used for extortion." R. v. Colucci, 103.
production of at trial. Ibid. Putting in on the part of prosecution. Ibid.
putting prosecutor to elect. R. v. Davis, 19. (And see note on subject, p. 21.)
bill of exceptions on trial of case substantially of a civil cbaracter. R. v. Train, 22.

(And see note on subject, p. 28.)
at trial, witness allowed to refresh his memory by depositions and to alter his answer.

R. v. Quin, 818.
privilege of police as to disclosure of information. R. v. Richardson, 693.
onus of proof as to absence for seven years in case of bigamy. R. v. Heaton, 819.
comparison of handwriting not allowed. R. v. Aldridge, 781.
question to skilled witness as to point at issue. R. v. Burton, 778,
evidence to contradict principal witness on matter material to credit on main issue.

R. v. Dennis, 502. (And see Fowkes v. Manchester Life Insurance Company,
at trial, admissibility of evidence as to other acts by prisoner of similar nature; pre-

vious forgeries. R. v. Salt, 834.
forgeries in course of same transaction. Roupell v. Haws, 784. .
previous poisoning. R. v. Garner, 681.
admissibility of deposition of married woman, pregnant, and unable to attend. R.

v. Croucher, 285.

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