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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.
ABDUCTION : taking girl out of streets. R. v. Green, 274.
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.
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-
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,
Hattersley v. Hallon, 116.
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.)
plaintiff by a writ in wrong name; served by mistake. Kelly v. Laurence, 826.
(And see note collecting cases, p. 827.)
right to put prosecutor to elect. R. v. Davis, 19. (And see note, p. 21.)
Henderson v. Lloyd, 7.
of in a County Court, for a small debt. ' Lee v. Diron, 744,
proceedings. Fletcher v. Winter, 138.
employer. Best v. Heyes, 113. (And see note as to effect of C. L. P. Act,
for. Pickernell y. Jauberry, 217.
BAILIFF OF COUNTY COURT, liability of, after interpleader order. Lewis v.
206; Graham v. Webb, 239.
dence of previous marriage of prisoner's first husband. R. v. Wilson, 119.
absence for seven years. R. v. Heaton, 819.
registry of description of assignor. Bellamy v. Saul, 318.
authority to raise money on. King v. Forbes, 41.
payable after demand; presentment. Dodd v. Gill, 261.
liability of, on contract, to effect insurance. Hurrell v. Bullard, 445.
right of insurance brokers to discount by custom. Ibid.
liability of employer on, to sub-contractor. Eccles v. Southern, 112.
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.
and damaged by weather. Cohen v. Gaudet, 455.
material to credit on the main issue. Re Dennis, 502. (And see cases in note.)
Fowkes v. Manchester Life Insurance Co., 440.
181; Topping v. Healey, 325; Marsh v. Jelf, 234 ; Mason v. Clifton, 899.
in civil cases. Roupell v. Haws, 784.
beare, 56; Meyer v. Burnett, 696. (And see note, p. 707.)
Wallis v. Robinson, 309.
or to explain the terms. Meyer v. Burnett, 696. (And see cases collected in
v. Pontifer, 740. (And see cases collected in notis.)
a year. Carrington y, May, 283.
for proceeds of goods. Kahnweiler v. Dobson, 709.
oral evidence. Meyer v. Barnett, 696.
or by natural causes. Cohen v. Gaudet, 455. (And see note on subject, pp.
to effect insurance, liability on; breach of duty. Hurrell v. Bullard, 445.
have been used for extortion." R. v. Colucci, 103.
(And see note on subject, p. 28.)
R. v. Quin, 818.
R. v. Dennis, 502. (And see Fowkes v. Manchester Life Insurance Company,
vious forgeries. R. v. Salt, 834.
v. Croucher, 285.